|
||||||||||||||||||||||
|
||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
1 | AN ACT concerning local government.
| |||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||
4 | Section 5. The Illinois Municipal Code is amended by | |||||||||||||||||||||
5 | changing Sections 10-2.1-6 and 10-2.1-14 as follows:
| |||||||||||||||||||||
6 | (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
| |||||||||||||||||||||
7 | Sec. 10-2.1-6. Examination of applicants; | |||||||||||||||||||||
8 | disqualifications.
| |||||||||||||||||||||
9 | (a) All applicants for a position in either the fire or | |||||||||||||||||||||
10 | police department
of the municipality shall be under 35 years | |||||||||||||||||||||
11 | of age, shall be subject to an
examination that shall be | |||||||||||||||||||||
12 | public, competitive, and open to all applicants
(unless the | |||||||||||||||||||||
13 | council or board of trustees by ordinance limit applicants to
| |||||||||||||||||||||
14 | electors of the municipality, county, state or nation) and | |||||||||||||||||||||
15 | shall be subject to
reasonable limitations as to residence, | |||||||||||||||||||||
16 | health, habits, and moral character.
The municipality may not | |||||||||||||||||||||
17 | charge or collect any fee from an applicant who has
met all | |||||||||||||||||||||
18 | prequalification standards established by the municipality for | |||||||||||||||||||||
19 | any such
position.
| |||||||||||||||||||||
20 | (b) Residency requirements in effect at the time an | |||||||||||||||||||||
21 | individual enters the
fire or police service of a municipality | |||||||||||||||||||||
22 | (other than a municipality that
has more than 1,000,000 | |||||||||||||||||||||
23 | inhabitants) cannot be made more restrictive for
that |
| |||||||
| |||||||
1 | individual during his period of service for that municipality, | ||||||
2 | or be
made a condition of promotion, except for the rank or | ||||||
3 | position of Fire or
Police Chief.
| ||||||
4 | (c) No person with a record of misdemeanor convictions | ||||||
5 | except those
under Sections 11-6, 11-7, 11-9, 11-14, 11-15, | ||||||
6 | 11-17, 11-18, 11-19,
12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, | ||||||
7 | 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
31-6, 31-7, 32-1, 32-2, | ||||||
8 | 32-3, 32-4, 32-8, and subsections (1), (6) and (8) of
Section | ||||||
9 | 24-1 of the Criminal Code of 1961 or arrested for any cause but | ||||||
10 | not
convicted on that cause shall be disqualified from taking | ||||||
11 | the examination to
qualify for a position in the fire | ||||||
12 | department on grounds of habits or moral
character.
| ||||||
13 | (d) The age limitation in subsection (a) does not apply (i) | ||||||
14 | to any person
previously employed as a policeman or fireman in | ||||||
15 | a regularly constituted police
or fire department of (I) any | ||||||
16 | municipality or (II) a fire protection district
whose | ||||||
17 | obligations were assumed by a municipality under Section 21 of | ||||||
18 | the Fire
Protection District Act, (ii) to any person who has | ||||||
19 | served a municipality as a
regularly enrolled volunteer fireman | ||||||
20 | for 5 years immediately preceding the time
that municipality | ||||||
21 | begins to use full time firemen to provide all or part of its
| ||||||
22 | fire protection service, or (iii) to any person who has served | ||||||
23 | as an auxiliary police officer under Section 3.1-30-20 for at | ||||||
24 | least 5 years and is under 40 years of
age, (iv) to any person | ||||||
25 | who has served as a deputy under Section 3-6008 of
the Counties | ||||||
26 | Code and otherwise meets necessary training requirements, or |
| |||||||
| |||||||
1 | (v) to any person who has served as a sworn officer as a member | ||||||
2 | of the Illinois Department of State Police.
| ||||||
3 | (e) Applicants who are 20 years of age and who have | ||||||
4 | successfully completed 2
years of law enforcement studies at an | ||||||
5 | accredited college or university may be
considered for | ||||||
6 | appointment to active duty with the police department. An
| ||||||
7 | applicant described in this subsection (e) who is appointed to | ||||||
8 | active duty
shall not have power of arrest, nor shall the | ||||||
9 | applicant be permitted to carry
firearms, until he or she | ||||||
10 | reaches 21 years of age.
| ||||||
11 | (f) Applicants who are 18 years of age and who have | ||||||
12 | successfully
completed 2 years of study in fire techniques, | ||||||
13 | amounting to a total of 4
high school credits, within the cadet | ||||||
14 | program of a municipality may be
considered for appointment to | ||||||
15 | active duty with the fire department of any
municipality.
| ||||||
16 | (g) The council or board of trustees may by ordinance | ||||||
17 | provide
that persons residing outside the municipality are | ||||||
18 | eligible to take the
examination.
| ||||||
19 | (h) The examinations shall be practical in character and | ||||||
20 | relate to
those matters that will fairly test the capacity of | ||||||
21 | the persons examined
to discharge the duties of the positions | ||||||
22 | to which they seek appointment. No
person shall be appointed to | ||||||
23 | the police or fire department if he or she does
not possess a | ||||||
24 | high school diploma or an equivalent high school education.
A | ||||||
25 | board of fire and police commissioners may, by its rules, | ||||||
26 | require police
applicants to have obtained an associate's |
| |||||||
| |||||||
1 | degree or a bachelor's degree as a
prerequisite for employment. | ||||||
2 | The
examinations shall include tests of physical | ||||||
3 | qualifications and health. A board of fire and police | ||||||
4 | commissioners may, by its rules, waive portions of the required | ||||||
5 | examination for applicants who have previously been full-time | ||||||
6 | sworn officers of a regular fire or police department of any | ||||||
7 | municipality in the State. No
person shall be appointed to the | ||||||
8 | police or fire department if he or she has
suffered the | ||||||
9 | amputation of any limb unless the applicant's duties will be | ||||||
10 | only
clerical or as a radio operator. No applicant shall be | ||||||
11 | examined concerning his
or her political or religious opinions | ||||||
12 | or affiliations. The examinations shall
be conducted by the | ||||||
13 | board of fire and police commissioners of the municipality
as | ||||||
14 | provided in this Division 2.1.
| ||||||
15 | (i) No person who is classified by his local selective | ||||||
16 | service draft board
as a conscientious objector, or who has | ||||||
17 | ever been so classified, may be
appointed to the police | ||||||
18 | department.
| ||||||
19 | (j) No person shall be appointed to the police or fire | ||||||
20 | department unless he
or she is a person of good character and | ||||||
21 | not an habitual drunkard, gambler, or
a person who has been | ||||||
22 | convicted of a felony or a crime involving moral
turpitude. No | ||||||
23 | person, however, shall be disqualified from appointment to the
| ||||||
24 | fire department because of his or her record of misdemeanor | ||||||
25 | convictions except
those under Sections 11-6, 11-7, 11-9, | ||||||
26 | 11-14, 11-15, 11-17, 11-18, 11-19, 12-2,
12-6, 12-15, 14-4, |
| |||||||
| |||||||
1 | 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6,
31-7, | ||||||
2 | 32-1, 32-2, 32-3, 32-4, 32-8, and subsections (1), (6) and (8) | ||||||
3 | of Section
24-1 of the Criminal Code of 1961 or arrest for any | ||||||
4 | cause without conviction on
that cause. Any such person who is | ||||||
5 | in the department may be removed on charges
brought and after a | ||||||
6 | trial as provided in this Division 2.1.
| ||||||
7 | (Source: P.A. 94-29, eff. 6-14-05; 94-984, eff. 6-30-06.)
| ||||||
8 | (65 ILCS 5/10-2.1-14) (from Ch. 24, par. 10-2.1-14)
| ||||||
9 | Sec. 10-2.1-14. Register of eligibles. The board of fire | ||||||
10 | and police
commissioners shall prepare and keep a register of | ||||||
11 | persons whose general
average standing, upon examination, is | ||||||
12 | not less than the minimum fixed by the
rules of the board, and | ||||||
13 | who are otherwise eligible. These persons shall take
rank upon | ||||||
14 | the register as candidates in the order of their relative | ||||||
15 | excellence
as determined by examination, without reference to | ||||||
16 | priority of time of
examination.
The board of fire and police | ||||||
17 | commissioners may prepare and keep a second register of persons | ||||||
18 | who have previously been full-time sworn officers of a regular | ||||||
19 | fire or police department of any municipality in the State. The | ||||||
20 | persons on this list shall take rank upon the register as | ||||||
21 | candidates in the order of their relative excellence as | ||||||
22 | determined by members of the board of fire and police | ||||||
23 | commissioners. Applicants who have been awarded a certificate | ||||||
24 | attesting to their successful
completion of the Minimum | ||||||
25 | Standards Basic Law Enforcement Training Course, as
provided in |
| |||||||
| |||||||
1 | the Illinois Police Training Act, may be given preference in
| ||||||
2 | appointment over noncertified applicants. Applicants for | ||||||
3 | appointment to fire departments who are licensed as an EMT-B, | ||||||
4 | EMT-I, or EMT-P under the Emergency Medical Services (EMS) | ||||||
5 | Systems Act, may be given preference in appointment over | ||||||
6 | non-licensed applicants.
| ||||||
7 | Within 60 days after each examination, an eligibility list
| ||||||
8 | shall be posted by the board, which shall show the final grades | ||||||
9 | of
the candidates without reference to priority of time of | ||||||
10 | examination
and subject to claim for military credit. | ||||||
11 | Candidates who are
eligible for military credit shall make a | ||||||
12 | claim in writing within 10 days after
the posting of the | ||||||
13 | eligibility list or such claim shall be deemed waived.
| ||||||
14 | Appointment shall be subject to a final physical examination.
| ||||||
15 | If a person is placed on an eligibility list and becomes | ||||||
16 | overage before he
or she is appointed to a police or fire | ||||||
17 | department, the person remains eligible
for appointment until | ||||||
18 | the list is abolished pursuant to authorized procedures.
| ||||||
19 | Otherwise no person who has attained the age of 36 years shall | ||||||
20 | be inducted as a
member of a police department and no person | ||||||
21 | who has attained the age of 35
years shall be inducted as a | ||||||
22 | member of a fire department, except as otherwise
provided in | ||||||
23 | this division.
| ||||||
24 | (Source: P.A. 94-281, eff. 1-1-06.)
|