093_SB1210ham001
LRB093 07945 MKM 14942 a
1 AMENDMENT TO SENATE BILL 1210
2 AMENDMENT NO. . Amend Senate Bill 1210 on page 2,
3 immediately below line 2, by inserting the following:
4 "Section 10. The Illinois Municipal Code is amended by
5 changing Section 10-2.1-4 as follows:
6 (65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
7 Sec. 10-2.1-4. Fire and police departments; Appointment
8 of members; Certificates of appointments.
9 The board of fire and police commissioners shall appoint
10 all officers and members of the fire and police departments
11 of the municipality, including the chief of police and the
12 chief of the fire department, unless the council or board of
13 trustees shall by ordinance as to them otherwise provide;
14 except as otherwise provided in this Section, and except that
15 in any municipality which adopts or has adopted this Division
16 2.1 and also adopts or has adopted Article 5 of this Code,
17 the chief of police and the chief of the fire department
18 shall be appointed by the municipal manager, if it is
19 provided by ordinance in such municipality that such chiefs,
20 or either of them, shall not be appointed by the board of
21 fire and police commissioners.
22 If the chief of the fire department or the chief of the
-2- LRB093 07945 MKM 14942 a
1 police department or both of them are appointed in the manner
2 provided by ordinance, they may be removed or discharged by
3 the appointing authority. In such case the appointing
4 authority shall file with the corporate authorities the
5 reasons for such removal or discharge, which removal or
6 discharge shall not become effective unless confirmed by a
7 majority vote of the corporate authorities.
8 If a member of the department is appointed chief of
9 police or chief of the fire department prior to being
10 eligible to retire on pension, he shall be considered as on
11 furlough from the rank he held immediately prior to his
12 appointment as chief. If he resigns as chief or is discharged
13 as chief prior to attaining eligibility to retire on pension,
14 he shall revert to and be established in whatever rank he
15 currently holds, except for previously appointed positions
16 such prior rank, and thereafter be entitled to all the
17 benefits and emoluments of that such prior rank, without
18 regard as to whether a vacancy then exists in that such rank.
19 All appointments to each department other than that of
20 the lowest rank, however, shall be from the rank next below
21 that to which the appointment is made except as otherwise
22 provided in this Section, and except that the chief of police
23 and the chief of the fire department may be appointed from
24 among members of the police and fire departments,
25 respectively, regardless of rank, unless the council or board
26 of trustees shall have by ordinance as to them otherwise
27 provided. A chief of police or the chief of the fire
28 department, having been appointed from among members of the
29 police or fire department, respectively, shall be permitted,
30 regardless of rank, to take promotional exams and be promoted
31 to a higher classified rank than he currently holds, without
32 having to resign as chief of police or chief of the fire
33 department.
34 The sole authority to issue certificates of appointment
-3- LRB093 07945 MKM 14942 a
1 shall be vested in the Board of Fire and Police Commissioners
2 and all certificates of appointments issued to any officer or
3 member of the fire or police department of a municipality
4 shall be signed by the chairman and secretary respectively of
5 the board of fire and police commissioners of such
6 municipality, upon appointment of such officer or member of
7 the fire and police department of such municipality by action
8 of the board of fire and police commissioners.
9 The term "policemen" as used in this Division does not
10 include auxiliary policemen except as provided for in Section
11 10-2.1-6.
12 Any full time member of a regular fire or police
13 department of any municipality which comes under the
14 provisions of this Division or adopts this Division 2.1 or
15 which has adopted any of the prior Acts pertaining to fire
16 and police commissioners, is a city officer.
17 Notwithstanding any other provision of this Section, the
18 Chief of Police of a department in a non-homerule
19 municipality of more than 130,000 inhabitants may, without
20 the advice or consent of the Board of Fire and Police
21 Commissioners, appoint up to 6 officers who shall be known as
22 deputy chiefs or assistant deputy chiefs, and whose rank
23 shall be immediately below that of Chief. The deputy or
24 assistant deputy chiefs may be appointed from any rank of
25 sworn officers of that municipality, but no person who is not
26 such a sworn officer may be so appointed. Such deputy chief
27 or assistant deputy chief shall have the authority to direct
28 and issue orders to all employees of the Department holding
29 the rank of captain or any lower rank. A deputy chief of
30 police or assistant deputy chief of police, having been
31 appointed from any rank of sworn officers of that
32 municipality, shall be permitted, regardless of rank, to take
33 promotional exams and be promoted to a higher classified rank
34 than he currently holds, without having to resign as deputy
-4- LRB093 07945 MKM 14942 a
1 chief of police or assistant deputy chief of police.
2 Notwithstanding any other provision of this Section, a
3 non-homerule municipality of 130,000 or fewer inhabitants,
4 through its council or board of trustees, may, by ordinance,
5 provide for a position of deputy chief to be appointed by the
6 chief of the police department. The ordinance shall provide
7 for no more than one deputy chief position if the police
8 department has fewer than 25 full-time police officers and
9 for no more than 2 deputy chief positions if the police
10 department has 25 or more full-time police officers. The
11 deputy chief position shall be an exempt rank immediately
12 below that of Chief. The deputy chief may be appointed from
13 any rank of sworn, full-time officers of the municipality's
14 police department, but must have at least 5 years of
15 full-time service as a police officer in that department. A
16 deputy chief shall serve at the discretion of the Chief and,
17 if removed from the position, shall revert to the rank
18 currently held, without regard as to whether a vacancy exists
19 in that rank. A deputy chief of police, having been appointed
20 from any rank of sworn full-time officers of that
21 municipality's police department, shall be permitted,
22 regardless of rank, to take promotional exams and be promoted
23 to a higher classified rank than he currently holds, without
24 having to resign as deputy chief of police the rank held
25 immediately prior to appointment to the deputy chief
26 position.
27 No municipality having a population less than 1,000,000
28 shall require that any fireman appointed to the lowest rank
29 serve a probationary employment period of longer than one
30 year. The limitation on periods of probationary employment
31 provided in this amendatory Act of 1989 is an exclusive power
32 and function of the State. Pursuant to subsection (h) of
33 Section 6 of Article VII of the Illinois Constitution, a home
34 rule municipality having a population less than 1,000,000
-5- LRB093 07945 MKM 14942 a
1 must comply with this limitation on periods of probationary
2 employment, which is a denial and limitation of home rule
3 powers. Notwithstanding anything to the contrary in this
4 Section, the probationary employment period limitation shall
5 not apply to a fireman whose position also includes paramedic
6 responsibilities.
7 (Source: P.A. 91-615, eff. 8-19-99.)
8 Section 99. Effective date. This Section and Section 10
9 take effect upon becoming law, and Section 5 takes effect on
10 January 1, 2004.".