103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2567

 

Introduced 2/15/2023, by Rep. Katie Stuart

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/10-1-7.1
65 ILCS 5/10-1-7.2
65 ILCS 5/10-2.1-6.3
65 ILCS 5/10-2.1-6.4

    Amends the Civil Service In Cities Division and Board Of Fire and Police Commissioners Division of the Illinois Municipal Code. Expands the definition of "firefighter" to include persons appointed to a fire department or fire protection district, or employed by a State university, unit of local government, or Emergency Medical Services (EMS) System, and sworn or commissioned or employed to perform (i) firefighter duties, (ii) paramedic, emergency medical technician (EMT), emergency medical technician-basic (EMT-B), emergency medical technician-intermediate (EMT-I), or advanced emergency medical technician (A-EMT) duties, (iii) or both (rather than persons appointed to a fire department or fire protection district or employed by a State university and sworn or commissioned to perform firefighter duties, paramedic duties, or both).


LRB103 28858 AWJ 55243 b

 

 

A BILL FOR

 

HB2567LRB103 28858 AWJ 55243 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Sections 10-1-7.1, 10-1-7.2, 10-2.1-6.3, and
610-2.1-6.4 as follows:
 
7    (65 ILCS 5/10-1-7.1)
8    Sec. 10-1-7.1. Original appointments; full-time fire
9department.
10    (a) Applicability. Unless a commission elects to follow
11the provisions of Section 10-1-7.2, this Section shall apply
12to all original appointments to an affected full-time fire
13department. Existing registers of eligibles shall continue to
14be valid until their expiration dates, or up to a maximum of 2
15years after August 4, 2011 (the effective date of Public Act
1697-251).
17    Notwithstanding any statute, ordinance, rule, or other law
18to the contrary, all original appointments to an affected
19department to which this Section applies shall be administered
20in the manner provided for in this Section. Provisions of the
21Illinois Municipal Code, municipal ordinances, and rules
22adopted pursuant to such authority and other laws relating to
23initial hiring of firefighters in affected departments shall

 

 

HB2567- 2 -LRB103 28858 AWJ 55243 b

1continue to apply to the extent they are compatible with this
2Section, but in the event of a conflict between this Section
3and any other law, this Section shall control.
4    A home rule or non-home rule municipality may not
5administer its fire department process for original
6appointments in a manner that is less stringent than this
7Section. This Section is a limitation under subsection (i) of
8Section 6 of Article VII of the Illinois Constitution on the
9concurrent exercise by home rule units of the powers and
10functions exercised by the State.
11    A municipality that is operating under a court order or
12consent decree regarding original appointments to a full-time
13fire department before August 4, 2011 (the effective date of
14Public Act 97-251) is exempt from the requirements of this
15Section for the duration of the court order or consent decree.
16    Notwithstanding any other provision of this subsection
17(a), this Section does not apply to a municipality with more
18than 1,000,000 inhabitants.
19    (b) Original appointments. All original appointments made
20to an affected fire department shall be made from a register of
21eligibles established in accordance with the processes
22established by this Section. Only persons who meet or exceed
23the performance standards required by this Section shall be
24placed on a register of eligibles for original appointment to
25an affected fire department.
26    Whenever an appointing authority authorizes action to hire

 

 

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1a person to perform the duties of a firefighter or to hire a
2firefighter-paramedic to fill a position that is a new
3position or vacancy due to resignation, discharge, promotion,
4death, the granting of a disability or retirement pension, or
5any other cause, the appointing authority shall appoint to
6that position the person with the highest ranking on the final
7eligibility list. If the appointing authority has reason to
8conclude that the highest ranked person fails to meet the
9minimum standards for the position or if the appointing
10authority believes an alternate candidate would better serve
11the needs of the department, then the appointing authority has
12the right to pass over the highest ranked person and appoint
13either: (i) any person who has a ranking in the top 5% of the
14register of eligibles or (ii) any person who is among the top 5
15highest ranked persons on the list of eligibles if the number
16of people who have a ranking in the top 5% of the register of
17eligibles is less than 5 people.
18    Any candidate may pass on an appointment once without
19losing his or her position on the register of eligibles. Any
20candidate who passes a second time may be removed from the list
21by the appointing authority provided that such action shall
22not prejudice a person's opportunities to participate in
23future examinations, including an examination held during the
24time a candidate is already on the municipality's register of
25eligibles.
26    The sole authority to issue certificates of appointment

 

 

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1shall be vested in the Civil Service Commission. All
2certificates of appointment issued to any officer or member of
3an affected department shall be signed by the chairperson and
4secretary, respectively, of the commission upon appointment of
5such officer or member to the affected department by the
6commission. After being selected from the register of
7eligibles to fill a vacancy in the affected department, each
8appointee shall be presented with his or her certificate of
9appointment on the day on which he or she is sworn in as a
10classified member of the affected department. Firefighters who
11were not issued a certificate of appointment when originally
12appointed shall be provided with a certificate within 10 days
13after making a written request to the chairperson of the Civil
14Service Commission. Each person who accepts a certificate of
15appointment and successfully completes his or her probationary
16period shall be enrolled as a firefighter and as a regular
17member of the fire department.
18    For the purposes of this Section, "firefighter" means any
19person who has been prior to, on, or after August 4, 2011 (the
20effective date of Public Act 97-251) appointed to a fire
21department or fire protection district, or employed by a State
22university, unit of local government, or Emergency Medical
23Services (EMS) System, and sworn or commissioned or employed
24to perform (i) firefighter duties, (ii) or paramedic,
25emergency medical technician (EMT), emergency medical
26technician-basic (EMT-B), emergency medical

 

 

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1technician-intermediate (EMT-I), or advanced emergency medical
2technician (A-EMT) duties, (iii) or both, except that the
3following persons are not included: part-time firefighters;
4auxiliary, reserve, or voluntary firefighters, including
5paid-on-call firefighters; clerks and dispatchers or other
6civilian employees of a fire department or fire protection
7district who are not routinely expected to perform firefighter
8duties; and elected officials.
9    (c) Qualification for placement on register of eligibles.
10The purpose of establishing a register of eligibles is to
11identify applicants who possess and demonstrate the mental
12aptitude and physical ability to perform the duties required
13of members of the fire department in order to provide the
14highest quality of service to the public. To this end, all
15applicants for original appointment to an affected fire
16department shall be subject to examination and testing which
17shall be public, competitive, and open to all applicants
18unless the municipality shall by ordinance limit applicants to
19residents of the municipality, county or counties in which the
20municipality is located, State, or nation. Any examination and
21testing procedure utilized under subsection (e) of this
22Section shall be supported by appropriate validation evidence
23and shall comply with all applicable State and federal laws.
24Municipalities may establish educational, emergency medical
25service licensure, and other prerequisites for participation
26in an examination or for hire as a firefighter. Any

 

 

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1municipality may charge a fee to cover the costs of the
2application process.
3    Residency requirements in effect at the time an individual
4enters the fire service of a municipality cannot be made more
5restrictive for that individual during his or her period of
6service for that municipality, or be made a condition of
7promotion, except for the rank or position of fire chief and
8for no more than 2 positions that rank immediately below that
9of the chief rank which are appointed positions pursuant to
10the Fire Department Promotion Act.
11    No person who is 35 years of age or older shall be eligible
12to take an examination for a position as a firefighter unless
13the person has had previous employment status as a firefighter
14in the regularly constituted fire department of the
15municipality, except as provided in this Section. The age
16limitation does not apply to:
17        (1) any person previously employed as a full-time
18    firefighter in a regularly constituted fire department of
19    (i) any municipality or fire protection district located
20    in Illinois, (ii) a fire protection district whose
21    obligations were assumed by a municipality under Section
22    21 of the Fire Protection District Act, or (iii) a
23    municipality whose obligations were taken over by a fire
24    protection district,
25        (2) any person who has served a municipality as a
26    regularly enrolled volunteer, paid-on-call, or part-time

 

 

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1    firefighter, or
2        (3) any person who turned 35 while serving as a member
3    of the active or reserve components of any of the branches
4    of the Armed Forces of the United States or the National
5    Guard of any state, whose service was characterized as
6    honorable or under honorable, if separated from the
7    military, and is currently under the age of 40.
8    No person who is under 21 years of age shall be eligible
9for employment as a firefighter.
10    No applicant shall be examined concerning his or her
11political or religious opinions or affiliations. The
12examinations shall be conducted by the commissioners of the
13municipality or their designees and agents.
14    No municipality shall require that any firefighter
15appointed to the lowest rank serve a probationary employment
16period of longer than one year of actual active employment,
17which may exclude periods of training, or injury or illness
18leaves, including duty related leave, in excess of 30 calendar
19days. Notwithstanding anything to the contrary in this
20Section, the probationary employment period limitation may be
21extended for a firefighter who is required, as a condition of
22employment, to be a licensed paramedic, during which time the
23sole reason that a firefighter may be discharged without a
24hearing is for failing to meet the requirements for paramedic
25licensure.
26    In the event that any applicant who has been found

 

 

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1eligible for appointment and whose name has been placed upon
2the final eligibility register provided for in this Division 1
3has not been appointed to a firefighter position within one
4year after the date of his or her physical ability
5examination, the commission may cause a second examination to
6be made of that applicant's physical ability prior to his or
7her appointment. If, after the second examination, the
8physical ability of the applicant shall be found to be less
9than the minimum standard fixed by the rules of the
10commission, the applicant shall not be appointed. The
11applicant's name may be retained upon the register of
12candidates eligible for appointment and when next reached for
13certification and appointment that applicant may be again
14examined as provided in this Section, and if the physical
15ability of that applicant is found to be less than the minimum
16standard fixed by the rules of the commission, the applicant
17shall not be appointed, and the name of the applicant shall be
18removed from the register.
19    (d) Notice, examination, and testing components. Notice of
20the time, place, general scope, merit criteria for any
21subjective component, and fee of every examination shall be
22given by the commission, by a publication at least 2 weeks
23preceding the examination: (i) in one or more newspapers
24published in the municipality, or if no newspaper is published
25therein, then in one or more newspapers with a general
26circulation within the municipality, or (ii) on the

 

 

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1municipality's Internet website. Additional notice of the
2examination may be given as the commission shall prescribe.
3    The examination and qualifying standards for employment of
4firefighters shall be based on: mental aptitude, physical
5ability, preferences, moral character, and health. The mental
6aptitude, physical ability, and preference components shall
7determine an applicant's qualification for and placement on
8the final register of eligibles. The examination may also
9include a subjective component based on merit criteria as
10determined by the commission. Scores from the examination must
11be made available to the public.
12    (e) Mental aptitude. No person who does not possess at
13least a high school diploma or an equivalent high school
14education shall be placed on a register of eligibles.
15Examination of an applicant's mental aptitude shall be based
16upon a written examination. The examination shall be practical
17in character and relate to those matters that fairly test the
18capacity of the persons examined to discharge the duties
19performed by members of a fire department. Written
20examinations shall be administered in a manner that ensures
21the security and accuracy of the scores achieved.
22    (f) Physical ability. All candidates shall be required to
23undergo an examination of their physical ability to perform
24the essential functions included in the duties they may be
25called upon to perform as a member of a fire department. For
26the purposes of this Section, essential functions of the job

 

 

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1are functions associated with duties that a firefighter may be
2called upon to perform in response to emergency calls. The
3frequency of the occurrence of those duties as part of the fire
4department's regular routine shall not be a controlling factor
5in the design of examination criteria or evolutions selected
6for testing. These physical examinations shall be open,
7competitive, and based on industry standards designed to test
8each applicant's physical abilities in the following
9dimensions:
10        (1) Muscular strength to perform tasks and evolutions
11    that may be required in the performance of duties
12    including grip strength, leg strength, and arm strength.
13    Tests shall be conducted under anaerobic as well as
14    aerobic conditions to test both the candidate's speed and
15    endurance in performing tasks and evolutions. Tasks tested
16    may be based on standards developed, or approved, by the
17    local appointing authority.
18        (2) The ability to climb ladders, operate from
19    heights, walk or crawl in the dark along narrow and uneven
20    surfaces, and operate in proximity to hazardous
21    environments.
22        (3) The ability to carry out critical, time-sensitive,
23    and complex problem solving during physical exertion in
24    stressful and hazardous environments. The testing
25    environment may be hot and dark with tightly enclosed
26    spaces, flashing lights, sirens, and other distractions.

 

 

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1    The tests utilized to measure each applicant's
2capabilities in each of these dimensions may be tests based on
3industry standards currently in use or equivalent tests
4approved by the Joint Labor-Management Committee of the Office
5of the State Fire Marshal.
6    Physical ability examinations administered under this
7Section shall be conducted with a reasonable number of
8proctors and monitors, open to the public, and subject to
9reasonable regulations of the commission.
10    (g) Scoring of examination components. Appointing
11authorities may create a preliminary eligibility register. A
12person shall be placed on the list based upon his or her
13passage of the written examination or the passage of the
14written examination and the physical ability component.
15Passage of the written examination means attaining the minimum
16score set by the commission. Minimum scores should be set by
17the commission so as to demonstrate a candidate's ability to
18perform the essential functions of the job. The minimum score
19set by the commission shall be supported by appropriate
20validation evidence and shall comply with all applicable State
21and federal laws. The appointing authority may conduct the
22physical ability component and any subjective components
23subsequent to the posting of the preliminary eligibility
24register.
25    The examination components for an initial eligibility
26register shall be graded on a 100-point scale. A person's

 

 

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1position on the list shall be determined by the following: (i)
2the person's score on the written examination, (ii) the person
3successfully passing the physical ability component, and (iii)
4the person's results on any subjective component as described
5in subsection (d).
6    In order to qualify for placement on the final eligibility
7register, an applicant's score on the written examination,
8before any applicable preference points or subjective points
9are applied, shall be at or above the minimum score set by the
10commission. The local appointing authority may prescribe the
11score to qualify for placement on the final eligibility
12register, but the score shall not be less than the minimum
13score set by the commission.
14    The commission shall prepare and keep a register of
15persons whose total score is not less than the minimum score
16for passage and who have passed the physical ability
17examination. These persons shall take rank upon the register
18as candidates in the order of their relative excellence based
19on the highest to the lowest total points scored on the mental
20aptitude, subjective component, and preference components of
21the test administered in accordance with this Section. No more
22than 60 days after each examination, an initial eligibility
23list shall be posted by the commission. The list shall include
24the final grades of the candidates without reference to
25priority of the time of examination and subject to claim for
26preference credit.

 

 

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1    Commissions may conduct additional examinations, including
2without limitation a polygraph test, after a final eligibility
3register is established and before it expires with the
4candidates ranked by total score without regard to date of
5examination. No more than 60 days after each examination, an
6initial eligibility list shall be posted by the commission
7showing the final grades of the candidates without reference
8to priority of time of examination and subject to claim for
9preference credit.
10    (h) Preferences. The following are preferences:
11        (1) Veteran preference. Persons who were engaged in
12    the military service of the United States for a period of
13    at least one year of active duty and who were honorably
14    discharged therefrom, or who are now or have been members
15    on inactive or reserve duty in such military or naval
16    service, shall be preferred for appointment to and
17    employment with the fire department of an affected
18    department.
19        (2) Fire cadet preference. Persons who have
20    successfully completed 2 years of study in fire techniques
21    or cadet training within a cadet program established under
22    the rules of the Joint Labor and Management Committee
23    (JLMC), as defined in Section 50 of the Fire Department
24    Promotion Act, may be preferred for appointment to and
25    employment with the fire department.
26        (3) Educational preference. Persons who have

 

 

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1    successfully obtained an associate's degree in the field
2    of fire service or emergency medical services, or a
3    bachelor's degree from an accredited college or university
4    may be preferred for appointment to and employment with
5    the fire department.
6        (4) Paramedic preference. Persons who have obtained a
7    license as a paramedic may be preferred for appointment to
8    and employment with the fire department of an affected
9    department providing emergency medical services.
10        (5) Experience preference. All persons employed by a
11    municipality who have been paid-on-call or part-time
12    certified Firefighter II, certified Firefighter III, State
13    of Illinois or nationally licensed EMT, EMT-I, A-EMT, or
14    paramedic, or any combination of those capacities may be
15    awarded up to a maximum of 5 points. However, the
16    applicant may not be awarded more than 0.5 points for each
17    complete year of paid-on-call or part-time service.
18    Applicants from outside the municipality who were employed
19    as full-time firefighters or firefighter-paramedics by a
20    fire protection district or another municipality may be
21    awarded up to 5 experience preference points. However, the
22    applicant may not be awarded more than one point for each
23    complete year of full-time service.
24        Upon request by the commission, the governing body of
25    the municipality or in the case of applicants from outside
26    the municipality the governing body of any fire protection

 

 

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1    district or any other municipality shall certify to the
2    commission, within 10 days after the request, the number
3    of years of successful paid-on-call, part-time, or
4    full-time service of any person. A candidate may not
5    receive the full amount of preference points under this
6    subsection if the amount of points awarded would place the
7    candidate before a veteran on the eligibility list. If
8    more than one candidate receiving experience preference
9    points is prevented from receiving all of their points due
10    to not being allowed to pass a veteran, the candidates
11    shall be placed on the list below the veteran in rank order
12    based on the totals received if all points under this
13    subsection were to be awarded. Any remaining ties on the
14    list shall be determined by lot.
15        (6) Residency preference. Applicants whose principal
16    residence is located within the fire department's
17    jurisdiction may be preferred for appointment to and
18    employment with the fire department.
19        (7) Additional preferences. Up to 5 additional
20    preference points may be awarded for unique categories
21    based on an applicant's experience or background as
22    identified by the commission.
23        (7.5) Apprentice preferences. A person who has
24    performed fire suppression service for a department as a
25    firefighter apprentice and otherwise meets the
26    qualifications for original appointment as a firefighter

 

 

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1    specified in this Section may be awarded up to 20
2    preference points. To qualify for preference points, an
3    applicant shall have completed a minimum of 600 hours of
4    fire suppression work on a regular shift for the affected
5    fire department over a 12-month period. The fire
6    suppression work must be in accordance with Section
7    10-1-14 of this Division and the terms established by a
8    Joint Apprenticeship Committee included in a collective
9    bargaining agreement agreed between the employer and its
10    certified bargaining agent. An eligible applicant must
11    apply to the Joint Apprenticeship Committee for preference
12    points under this item. The Joint Apprenticeship Committee
13    shall evaluate the merit of the applicant's performance,
14    determine the preference points to be awarded, and certify
15    the amount of points awarded to the commissioners. The
16    commissioners may add the certified preference points to
17    the final grades achieved by the applicant on the other
18    components of the examination.
19        (8) Scoring of preferences. The commission shall give
20    preference for original appointment to persons designated
21    in item (1) by adding to the final grade that they receive
22    5 points for the recognized preference achieved. The
23    commission may give preference for original appointment to
24    persons designated in item (7.5) by adding to the final
25    grade the amount of points designated by the Joint
26    Apprenticeship Committee as defined in item (7.5). The

 

 

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1    commission shall determine the number of preference points
2    for each category, except items (1) and (7.5). The number
3    of preference points for each category shall range from 0
4    to 5, except item (7.5). In determining the number of
5    preference points, the commission shall prescribe that if
6    a candidate earns the maximum number of preference points
7    in all categories except item (7.5), that number may not
8    be less than 10 nor more than 30. The commission shall give
9    preference for original appointment to persons designated
10    in items (2) through (7) by adding the requisite number of
11    points to the final grade for each recognized preference
12    achieved. The numerical result thus attained shall be
13    applied by the commission in determining the final
14    eligibility list and appointment from the eligibility
15    list. The local appointing authority may prescribe the
16    total number of preference points awarded under this
17    Section, but the total number of preference points, except
18    item (7.5), shall not be less than 10 points or more than
19    30 points. Apprentice preference points may be added in
20    addition to other preference points awarded by the
21    commission.
22    No person entitled to any preference shall be required to
23claim the credit before any examination held under the
24provisions of this Section, but the preference shall be given
25after the posting or publication of the initial eligibility
26list or register at the request of a person entitled to a

 

 

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1credit before any certification or appointments are made from
2the eligibility register, upon the furnishing of verifiable
3evidence and proof of qualifying preference credit. Candidates
4who are eligible for preference credit shall make a claim in
5writing within 10 days after the posting of the initial
6eligibility list, or the claim shall be deemed waived. Final
7eligibility registers shall be established after the awarding
8of verified preference points. However, apprentice preference
9credit earned subsequent to the establishment of the final
10eligibility register may be applied to the applicant's score
11upon certification by the Joint Apprenticeship Committee to
12the commission and the rank order of candidates on the final
13eligibility register shall be adjusted accordingly. All
14employment shall be subject to the commission's initial hire
15background review, including, but not limited to, criminal
16history, employment history, moral character, oral
17examination, and medical and psychological examinations, all
18on a pass-fail basis. The medical and psychological
19examinations must be conducted last, and may only be performed
20after a conditional offer of employment has been extended.
21    Any person placed on an eligibility list who exceeds the
22age requirement before being appointed to a fire department
23shall remain eligible for appointment until the list is
24abolished, or his or her name has been on the list for a period
25of 2 years. No person who has attained the age of 35 years
26shall be inducted into a fire department, except as otherwise

 

 

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1provided in this Section.
2    The commission shall strike off the names of candidates
3for original appointment after the names have been on the list
4for more than 2 years.
5    (i) Moral character. No person shall be appointed to a
6fire department unless he or she is a person of good character;
7not a habitual drunkard, a gambler, or a person who has been
8convicted of a felony or a crime involving moral turpitude.
9However, no person shall be disqualified from appointment to
10the fire department because of the person's record of
11misdemeanor convictions except those under Sections 11-6,
1211-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
1312-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
1431-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs
15(1), (6), and (8) of subsection (a) of Section 24-1 of the
16Criminal Code of 1961 or the Criminal Code of 2012, or arrest
17for any cause without conviction thereon. Any such person who
18is in the department may be removed on charges brought for
19violating this subsection and after a trial as hereinafter
20provided.
21    A classifiable set of the fingerprints of every person who
22is offered employment as a certificated member of an affected
23fire department whether with or without compensation, shall be
24furnished to the Illinois State Police and to the Federal
25Bureau of Investigation by the commission.
26    Whenever a commission is authorized or required by law to

 

 

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1consider some aspect of criminal history record information
2for the purpose of carrying out its statutory powers and
3responsibilities, then, upon request and payment of fees in
4conformance with the requirements of Section 2605-400 of the
5Illinois State Police Law of the Civil Administrative Code of
6Illinois, the Illinois State Police is authorized to furnish,
7pursuant to positive identification, the information contained
8in State files as is necessary to fulfill the request.
9    (j) Temporary appointments. In order to prevent a stoppage
10of public business, to meet extraordinary exigencies, or to
11prevent material impairment of the fire department, the
12commission may make temporary appointments, to remain in force
13only until regular appointments are made under the provisions
14of this Division, but never to exceed 60 days. No temporary
15appointment of any one person shall be made more than twice in
16any calendar year.
17    (k) A person who knowingly divulges or receives test
18questions or answers before a written examination, or
19otherwise knowingly violates or subverts any requirement of
20this Section, commits a violation of this Section and may be
21subject to charges for official misconduct.
22    A person who is the knowing recipient of test information
23in advance of the examination shall be disqualified from the
24examination or discharged from the position to which he or she
25was appointed, as applicable, and otherwise subjected to
26disciplinary actions.

 

 

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1(Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21;
2102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-813, eff.
35-13-22.)
 
4    (65 ILCS 5/10-1-7.2)
5    Sec. 10-1-7.2. Alternative procedure; original
6appointment; full-time firefighter.
7    (a) Authority. The Joint Labor and Management Committee
8(JLMC), as defined in Section 50 of the Fire Department
9Promotion Act, may establish a community outreach program to
10market the profession of firefighter and firefighter-paramedic
11so as to ensure the pool of applicants recruited is of broad
12diversity and the highest quality. Nothing in this Section
13requires that the Joint Labor and Management Committee
14establish or operate the community outreach program or master
15register of eligibles, or to contract with a testing agency to
16establish or operate such program or register, unless the
17Joint Labor and Management Committee chooses to do so.
18    For the purposes of this Section, "firefighter" means any
19person who has been prior to, on, or after the effective date
20of this amendatory Act of the 97th General Assembly appointed
21to a fire department or fire protection district, or employed
22by a State university, unit of local government, or Emergency
23Medical Services (EMS) System, and sworn or commissioned or
24employed to perform (i) firefighter duties, (ii) or paramedic,
25emergency medical technician (EMT), emergency medical

 

 

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1technician-basic (EMT-B), emergency medical
2technician-intermediate (EMT-I), or advanced emergency medical
3technician (A-EMT) duties, (iii) or both, except that the
4following persons are not included: part-time firefighters;
5auxiliary, reserve, or voluntary firefighters, including
6paid-on-call firefighters; clerks and dispatchers or other
7civilian employees of a fire department or fire protection
8district who are not routinely expected to perform firefighter
9duties; and elected officials.
10    (b) Eligibility. Persons eligible for placement on the
11master register of eligibles shall consist of the following:
12        Persons who have participated in and received a
13    passing total score on the mental aptitude, physical
14    ability, and preference components of a regionally
15    administered test based on the standards described in this
16    Section. The standards for administering these tests and
17    the minimum passing score required for placement on this
18    list shall be as is set forth in this Section.
19        Qualified candidates shall be listed on the master
20    register of eligibles in highest to lowest rank order
21    based upon their test scores without regard to their date
22    of examination. Candidates listed on the master register
23    of eligibles shall be eligible for appointment for 2 years
24    after the date of the certification of their final score
25    on the register without regard to the date of their
26    examination. After 2 years, the candidate's name shall be

 

 

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1    struck from the list.
2        Any person currently employed as a full-time member of
3    a fire department or any person who has experienced a
4    non-voluntary (and non-disciplinary) separation from the
5    active workforce due to a reduction in the number of
6    departmental officers, who was appointed pursuant to this
7    Division, Division 2.1 of Article 10 of the Illinois
8    Municipal Code, or the Fire Protection District Act, and
9    who during the previous 24 months participated in and
10    received a passing score on the physical ability and
11    mental aptitude components of the test may request that
12    his or her name be added to the master register. Any
13    eligible person may be offered employment by a local
14    commission under the same procedures as provided by this
15    Section except that the apprenticeship period may be
16    waived and the applicant may be immediately issued a
17    certificate of original appointment by the local
18    commission.
19    (c) Qualifications for placement on register of eligibles.
20The purpose for establishing a master register of eligibles
21shall be to identify applicants who possess and demonstrate
22the mental aptitude and physical ability to perform the duties
23required of members of the fire department in order to provide
24the highest quality of service to the public. To this end, all
25applicants for original appointment to an affected fire
26department through examination conducted by the Joint Labor

 

 

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1and Management Committee (JLMC) shall be subject to
2examination and testing which shall be public, competitive,
3and open to all applicants. Any examination and testing
4procedure utilized under subsection (e) of this Section shall
5be supported by appropriate validation evidence and shall
6comply with all applicable state and federal laws. Any
7subjective component of the testing must be administered by
8certified assessors. All qualifying and disqualifying factors
9applicable to examination processes for local commissions in
10this amendatory Act of the 97th General Assembly shall be
11applicable to persons participating in Joint Labor and
12Management Committee examinations unless specifically provided
13otherwise in this Section.
14    Notice of the time, place, general scope, and fee of every
15JLMC examination shall be given by the JLMC or designated
16testing agency, as applicable, by publication at least 30 days
17preceding the examination, in one or more newspapers published
18in the region, or if no newspaper is published therein, then in
19one or more newspapers with a general circulation within the
20region. The JLMC may publish the notice on the JLMC's Internet
21website. Additional notice of the examination may be given as
22the JLMC shall prescribe.
23    (d) Examination and testing components for placement on
24register of eligibles. The examination and qualifying
25standards for placement on the master register of eligibles
26and employment shall be based on the following components:

 

 

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1mental aptitude, physical ability, preferences, moral
2character, and health. The mental aptitude, physical ability,
3and preference components shall determine an applicant's
4qualification for and placement on the master register of
5eligibles. The consideration of an applicant's general moral
6character and health shall be administered on a pass-fail
7basis after a conditional offer of employment is made by a
8local commission.
9    (e) Mental aptitude. Examination of an applicant's mental
10aptitude shall be based upon written examination and an
11applicant's prior experience demonstrating an aptitude for and
12commitment to service as a member of a fire department.
13Written examinations shall be practical in character and
14relate to those matters that fairly test the capacity of the
15persons examined to discharge the duties performed by members
16of a fire department. Written examinations shall be
17administered in a manner that ensures the security and
18accuracy of the scores achieved. Any subjective component of
19the testing must be administered by certified assessors. No
20person who does not possess a high school diploma or an
21equivalent high school education shall be placed on a register
22of eligibles. Local commissions may establish educational,
23emergency medical service licensure, and other pre-requisites
24for hire within their jurisdiction.
25    (f) Physical ability. All candidates shall be required to
26undergo an examination of their physical ability to perform

 

 

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1the essential functions included in the duties they may be
2called upon to perform as a member of a fire department. For
3the purposes of this Section, essential functions of the job
4are functions associated with duties that a firefighter may be
5called upon to perform in response to emergency calls. The
6frequency of the occurrence of those duties as part of the fire
7department's regular routine shall not be a controlling factor
8in the design of examination criteria or evolutions selected
9for testing. These physical examinations shall be open,
10competitive, and based on industry standards designed to test
11each applicant's physical abilities in each of the following
12dimensions:
13        (1) Muscular strength to perform tasks and evolutions
14    that may be required in the performance of duties
15    including grip strength, leg strength, and arm strength.
16    Tests shall be conducted under anaerobic as well as
17    aerobic conditions to test both the candidate's speed and
18    endurance in performing tasks and evolutions. Tasks tested
19    are to be based on industry standards developed by the
20    JLMC by rule.
21        (2) The ability to climb ladders, operate from
22    heights, walk or crawl in the dark along narrow and uneven
23    surfaces, and operate in proximity to hazardous
24    environments.
25        (3) The ability to carry out critical, time-sensitive,
26    and complex problem solving during physical exertion in

 

 

HB2567- 27 -LRB103 28858 AWJ 55243 b

1    stressful and hazardous environments. The testing
2    environment may be hot and dark with tightly enclosed
3    spaces, flashing lights, sirens, and other distractions.
4    The tests utilized to measure each applicant's
5capabilities in each of these dimensions may be tests based on
6industry standards currently in use or equivalent tests
7approved by the Joint Labor-Management Committee of the Office
8of the State Fire Marshal.
9    (g) Scoring of examination components. The examination
10components shall be graded on a 100-point scale. A person's
11position on the master register of eligibles shall be
12determined by the person's score on the written examination,
13the person successfully passing the physical ability
14component, and the addition of any applicable preference
15points.
16    Applicants who have achieved at least the minimum score on
17the written examination, as set by the JLMC, and who
18successfully pass the physical ability examination shall be
19placed on the initial eligibility register. Minimum scores
20should be set by the JLMC so as to demonstrate a candidate's
21ability to perform the essential functions of the job. The
22minimum score set by the JLMC shall be supported by
23appropriate validation evidence and shall comply with all
24applicable State and federal laws. Applicable preference
25points shall be added to the written examination scores for
26all applicants who qualify for the initial eligibility

 

 

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1register. Applicants who score at or above the minimum passing
2score as set by the JLMC, including any applicable preference
3points, shall be placed on the master register of eligibles by
4the JLMC.
5    These persons shall take rank upon the register as
6candidates in the order of their relative excellence based on
7the highest to the lowest total points scored on the mental
8aptitude and physical ability components, plus any applicable
9preference points requested and verified by the JLMC, or
10approved testing agency.
11    No more than 60 days after each examination, a revised
12master register of eligibles shall be posted by the JLMC
13showing the final grades of the candidates without reference
14to priority of time of examination.
15    (h) Preferences. The board shall give military, education,
16and experience preference points to those who qualify for
17placement on the master register of eligibles, on the same
18basis as provided for examinations administered by a local
19commission.
20    No person entitled to preference or credit shall be
21required to claim the credit before any examination held under
22the provisions of this Section. The preference shall be given
23after the posting or publication of the applicant's initial
24score at the request of the person before finalizing the
25scores from all applicants taking part in a JLMC examination.
26Candidates who are eligible for preference credit shall make a

 

 

HB2567- 29 -LRB103 28858 AWJ 55243 b

1claim in writing within 10 days after the posting of the
2initial scores from any JLMC test or the claim shall be deemed
3waived. Once preference points are awarded, the candidates
4shall be certified to the master register in accordance with
5their final score including preference points.
6    (i) Firefighter apprentice and firefighter-paramedic
7apprentice. The employment of an applicant to an apprentice
8position (including a currently employed full-time member of a
9fire department whose apprenticeship may be reduced or waived)
10shall be subject to the applicant passing the moral character
11standards and health examinations of the local commission. In
12addition, a local commission may require as a condition of
13employment that the applicant demonstrate current physical
14ability by either passing the local commission's approved
15physical ability examination, or by presenting proof of
16participating in and receiving a passing score on the physical
17ability component of a JLMC test within a period of up to 12
18months before the date of the conditional offer of employment.
19Applicants shall be subject to the local commission's initial
20hire background review including criminal history, employment
21history, moral character, oral examination, and medical
22examinations which may include polygraph, psychological, and
23drug screening components, all on a pass-fail basis. The
24medical examinations must be conducted last, and may only be
25performed after a conditional offer of employment has been
26extended.

 

 

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1    (j) Selection from list. Any municipality or fire
2protection district that is a party to an intergovernmental
3agreement under the terms of which persons have been tested
4for placement on the master register of eligibles shall be
5entitled to offer employment to any person on the list
6irrespective of their ranking on the list. The offer of
7employment shall be to the position of firefighter apprentice
8or firefighter-paramedic apprentice.
9    Applicants passing these tests may be employed as a
10firefighter apprentice or a firefighter-paramedic apprentice
11who shall serve an apprenticeship period of 12 months or less
12according to the terms and conditions of employment as the
13employing municipality or district offers, or as provided for
14under the terms of any collective bargaining agreement then in
15effect. The apprenticeship period is separate from the
16probationary period.
17    Service during the apprenticeship period shall be on a
18probationary basis. During the apprenticeship period, the
19apprentice's training and performance shall be monitored and
20evaluated by a Joint Apprenticeship Committee.
21    The Joint Apprenticeship Committee shall consist of 4
22members who shall be regular members of the fire department
23with at least 10 years of full-time work experience as a
24firefighter or firefighter-paramedic. The fire chief and the
25president of the exclusive bargaining representative
26recognized by the employer shall each appoint 2 members to the

 

 

HB2567- 31 -LRB103 28858 AWJ 55243 b

1Joint Apprenticeship Committee. In the absence of an exclusive
2collective bargaining representative, the chief shall appoint
3the remaining 2 members who shall be from the ranks of company
4officer and firefighter with at least 10 years of work
5experience as a firefighter or firefighter-paramedic. In the
6absence of a sufficient number of qualified firefighters, the
7Joint Apprenticeship Committee members shall have the amount
8of experience and the type of qualifications as is reasonable
9given the circumstances of the fire department. In the absence
10of a full-time member in a rank between chief and the highest
11rank in a bargaining unit, the Joint Apprenticeship Committee
12shall be reduced to 2 members, one to be appointed by the chief
13and one by the union president, if any. If there is no
14exclusive bargaining representative, the chief shall appoint
15the second member of the Joint Apprenticeship Committee from
16among qualified members in the ranks of company officer and
17below. Before the conclusion of the apprenticeship period, the
18Joint Apprenticeship Committee shall meet to consider the
19apprentice's progress and performance and vote to retain the
20apprentice as a member of the fire department or to terminate
21the apprenticeship. If 3 of the 4 members of the Joint
22Apprenticeship Committee affirmatively vote to retain the
23apprentice (if a 2 member Joint Apprenticeship Committee
24exists, then both members must affirmatively vote to retain
25the apprentice), the local commission shall issue the
26apprentice a certificate of original appointment to the fire

 

 

HB2567- 32 -LRB103 28858 AWJ 55243 b

1department.
2    (k) A person who knowingly divulges or receives test
3questions or answers before a written examination, or
4otherwise knowingly violates or subverts any requirement of
5this Section, commits a violation of this Section and may be
6subject to charges for official misconduct.
7    A person who is the knowing recipient of test information
8in advance of the examination shall be disqualified from the
9examination or discharged from the position to which he or she
10was appointed, as applicable, and otherwise subjected to
11disciplinary actions.
12    (l) Applicability. This Section does not apply to a
13municipality with more than 1,000,000 inhabitants.
14(Source: P.A. 102-188, eff. 1-1-22.)
 
15    (65 ILCS 5/10-2.1-6.3)
16    Sec. 10-2.1-6.3. Original appointments; full-time fire
17department.
18    (a) Applicability. Unless a commission elects to follow
19the provisions of Section 10-2.1-6.4, this Section shall apply
20to all original appointments to an affected full-time fire
21department. Existing registers of eligibles shall continue to
22be valid until their expiration dates, or up to a maximum of 2
23years after August 4, 2011 (the effective date of Public Act
2497-251).
25    Notwithstanding any statute, ordinance, rule, or other law

 

 

HB2567- 33 -LRB103 28858 AWJ 55243 b

1to the contrary, all original appointments to an affected
2department to which this Section applies shall be administered
3in the manner provided for in this Section. Provisions of the
4Illinois Municipal Code, municipal ordinances, and rules
5adopted pursuant to such authority and other laws relating to
6initial hiring of firefighters in affected departments shall
7continue to apply to the extent they are compatible with this
8Section, but in the event of a conflict between this Section
9and any other law, this Section shall control.
10    A home rule or non-home rule municipality may not
11administer its fire department process for original
12appointments in a manner that is less stringent than this
13Section. This Section is a limitation under subsection (i) of
14Section 6 of Article VII of the Illinois Constitution on the
15concurrent exercise by home rule units of the powers and
16functions exercised by the State.
17    A municipality that is operating under a court order or
18consent decree regarding original appointments to a full-time
19fire department before August 4, 2011 (the effective date of
20Public Act 97-251) is exempt from the requirements of this
21Section for the duration of the court order or consent decree.
22    Notwithstanding any other provision of this subsection
23(a), this Section does not apply to a municipality with more
24than 1,000,000 inhabitants.
25    (b) Original appointments. All original appointments made
26to an affected fire department shall be made from a register of

 

 

HB2567- 34 -LRB103 28858 AWJ 55243 b

1eligibles established in accordance with the processes
2established by this Section. Only persons who meet or exceed
3the performance standards required by this Section shall be
4placed on a register of eligibles for original appointment to
5an affected fire department.
6    Whenever an appointing authority authorizes action to hire
7a person to perform the duties of a firefighter or to hire a
8firefighter-paramedic to fill a position that is a new
9position or vacancy due to resignation, discharge, promotion,
10death, the granting of a disability or retirement pension, or
11any other cause, the appointing authority shall appoint to
12that position the person with the highest ranking on the final
13eligibility list. If the appointing authority has reason to
14conclude that the highest ranked person fails to meet the
15minimum standards for the position or if the appointing
16authority believes an alternate candidate would better serve
17the needs of the department, then the appointing authority has
18the right to pass over the highest ranked person and appoint
19either: (i) any person who has a ranking in the top 5% of the
20register of eligibles or (ii) any person who is among the top 5
21highest ranked persons on the list of eligibles if the number
22of people who have a ranking in the top 5% of the register of
23eligibles is less than 5 people.
24    Any candidate may pass on an appointment once without
25losing his or her position on the register of eligibles. Any
26candidate who passes a second time may be removed from the list

 

 

HB2567- 35 -LRB103 28858 AWJ 55243 b

1by the appointing authority provided that such action shall
2not prejudice a person's opportunities to participate in
3future examinations, including an examination held during the
4time a candidate is already on the municipality's register of
5eligibles.
6    The sole authority to issue certificates of appointment
7shall be vested in the board of fire and police commissioners.
8All certificates of appointment issued to any officer or
9member of an affected department shall be signed by the
10chairperson and secretary, respectively, of the board upon
11appointment of such officer or member to the affected
12department by action of the board. After being selected from
13the register of eligibles to fill a vacancy in the affected
14department, each appointee shall be presented with his or her
15certificate of appointment on the day on which he or she is
16sworn in as a classified member of the affected department.
17Firefighters who were not issued a certificate of appointment
18when originally appointed shall be provided with a certificate
19within 10 days after making a written request to the
20chairperson of the board of fire and police commissioners.
21Each person who accepts a certificate of appointment and
22successfully completes his or her probationary period shall be
23enrolled as a firefighter and as a regular member of the fire
24department.
25    For the purposes of this Section, "firefighter" means any
26person who has been prior to, on, or after August 4, 2011 (the

 

 

HB2567- 36 -LRB103 28858 AWJ 55243 b

1effective date of Public Act 97-251) appointed to a fire
2department or fire protection district, or employed by a State
3university, unit of local government, or Emergency Medical
4Services (EMS) System, and sworn or commissioned or employed
5to perform (i) firefighter duties, (ii) or paramedic,
6emergency medical technician (EMT), emergency medical
7technician-basic (EMT-B), emergency medical
8technician-intermediate (EMT-I), or advanced emergency medical
9technician (A-EMT) duties, (iii) or both, except that the
10following persons are not included: part-time firefighters;
11auxiliary, reserve, or voluntary firefighters, including
12paid-on-call firefighters; clerks and dispatchers or other
13civilian employees of a fire department or fire protection
14district who are not routinely expected to perform firefighter
15duties; and elected officials.
16    (c) Qualification for placement on register of eligibles.
17The purpose of establishing a register of eligibles is to
18identify applicants who possess and demonstrate the mental
19aptitude and physical ability to perform the duties required
20of members of the fire department in order to provide the
21highest quality of service to the public. To this end, all
22applicants for original appointment to an affected fire
23department shall be subject to examination and testing which
24shall be public, competitive, and open to all applicants
25unless the municipality shall by ordinance limit applicants to
26residents of the municipality, county or counties in which the

 

 

HB2567- 37 -LRB103 28858 AWJ 55243 b

1municipality is located, State, or nation. Any examination and
2testing procedure utilized under subsection (e) of this
3Section shall be supported by appropriate validation evidence
4and shall comply with all applicable State and federal laws.
5Municipalities may establish educational, emergency medical
6service licensure, and other prerequisites for participation
7in an examination or for hire as a firefighter. Any
8municipality may charge a fee to cover the costs of the
9application process.
10    Residency requirements in effect at the time an individual
11enters the fire service of a municipality cannot be made more
12restrictive for that individual during his or her period of
13service for that municipality, or be made a condition of
14promotion, except for the rank or position of fire chief and
15for no more than 2 positions that rank immediately below that
16of the chief rank which are appointed positions pursuant to
17the Fire Department Promotion Act.
18    No person who is 35 years of age or older shall be eligible
19to take an examination for a position as a firefighter unless
20the person has had previous employment status as a firefighter
21in the regularly constituted fire department of the
22municipality, except as provided in this Section. The age
23limitation does not apply to:
24        (1) any person previously employed as a full-time
25    firefighter in a regularly constituted fire department of
26    (i) any municipality or fire protection district located

 

 

HB2567- 38 -LRB103 28858 AWJ 55243 b

1    in Illinois, (ii) a fire protection district whose
2    obligations were assumed by a municipality under Section
3    21 of the Fire Protection District Act, or (iii) a
4    municipality whose obligations were taken over by a fire
5    protection district,
6        (2) any person who has served a municipality as a
7    regularly enrolled volunteer, paid-on-call, or part-time
8    firefighter, or
9        (3) any person who turned 35 while serving as a member
10    of the active or reserve components of any of the branches
11    of the Armed Forces of the United States or the National
12    Guard of any state, whose service was characterized as
13    honorable or under honorable, if separated from the
14    military, and is currently under the age of 40.
15    No person who is under 21 years of age shall be eligible
16for employment as a firefighter.
17    No applicant shall be examined concerning his or her
18political or religious opinions or affiliations. The
19examinations shall be conducted by the commissioners of the
20municipality or their designees and agents.
21    No municipality shall require that any firefighter
22appointed to the lowest rank serve a probationary employment
23period of longer than one year of actual active employment,
24which may exclude periods of training, or injury or illness
25leaves, including duty related leave, in excess of 30 calendar
26days. Notwithstanding anything to the contrary in this

 

 

HB2567- 39 -LRB103 28858 AWJ 55243 b

1Section, the probationary employment period limitation may be
2extended for a firefighter who is required, as a condition of
3employment, to be a licensed paramedic, during which time the
4sole reason that a firefighter may be discharged without a
5hearing is for failing to meet the requirements for paramedic
6licensure.
7    In the event that any applicant who has been found
8eligible for appointment and whose name has been placed upon
9the final eligibility register provided for in this Section
10has not been appointed to a firefighter position within one
11year after the date of his or her physical ability
12examination, the commission may cause a second examination to
13be made of that applicant's physical ability prior to his or
14her appointment. If, after the second examination, the
15physical ability of the applicant shall be found to be less
16than the minimum standard fixed by the rules of the
17commission, the applicant shall not be appointed. The
18applicant's name may be retained upon the register of
19candidates eligible for appointment and when next reached for
20certification and appointment that applicant may be again
21examined as provided in this Section, and if the physical
22ability of that applicant is found to be less than the minimum
23standard fixed by the rules of the commission, the applicant
24shall not be appointed, and the name of the applicant shall be
25removed from the register.
26    (d) Notice, examination, and testing components. Notice of

 

 

HB2567- 40 -LRB103 28858 AWJ 55243 b

1the time, place, general scope, merit criteria for any
2subjective component, and fee of every examination shall be
3given by the commission, by a publication at least 2 weeks
4preceding the examination: (i) in one or more newspapers
5published in the municipality, or if no newspaper is published
6therein, then in one or more newspapers with a general
7circulation within the municipality, or (ii) on the
8municipality's Internet website. Additional notice of the
9examination may be given as the commission shall prescribe.
10    The examination and qualifying standards for employment of
11firefighters shall be based on: mental aptitude, physical
12ability, preferences, moral character, and health. The mental
13aptitude, physical ability, and preference components shall
14determine an applicant's qualification for and placement on
15the final register of eligibles. The examination may also
16include a subjective component based on merit criteria as
17determined by the commission. Scores from the examination must
18be made available to the public.
19    (e) Mental aptitude. No person who does not possess at
20least a high school diploma or an equivalent high school
21education shall be placed on a register of eligibles.
22Examination of an applicant's mental aptitude shall be based
23upon a written examination. The examination shall be practical
24in character and relate to those matters that fairly test the
25capacity of the persons examined to discharge the duties
26performed by members of a fire department. Written

 

 

HB2567- 41 -LRB103 28858 AWJ 55243 b

1examinations shall be administered in a manner that ensures
2the security and accuracy of the scores achieved.
3    (f) Physical ability. All candidates shall be required to
4undergo an examination of their physical ability to perform
5the essential functions included in the duties they may be
6called upon to perform as a member of a fire department. For
7the purposes of this Section, essential functions of the job
8are functions associated with duties that a firefighter may be
9called upon to perform in response to emergency calls. The
10frequency of the occurrence of those duties as part of the fire
11department's regular routine shall not be a controlling factor
12in the design of examination criteria or evolutions selected
13for testing. These physical examinations shall be open,
14competitive, and based on industry standards designed to test
15each applicant's physical abilities in the following
16dimensions:
17        (1) Muscular strength to perform tasks and evolutions
18    that may be required in the performance of duties
19    including grip strength, leg strength, and arm strength.
20    Tests shall be conducted under anaerobic as well as
21    aerobic conditions to test both the candidate's speed and
22    endurance in performing tasks and evolutions. Tasks tested
23    may be based on standards developed, or approved, by the
24    local appointing authority.
25        (2) The ability to climb ladders, operate from
26    heights, walk or crawl in the dark along narrow and uneven

 

 

HB2567- 42 -LRB103 28858 AWJ 55243 b

1    surfaces, and operate in proximity to hazardous
2    environments.
3        (3) The ability to carry out critical, time-sensitive,
4    and complex problem solving during physical exertion in
5    stressful and hazardous environments. The testing
6    environment may be hot and dark with tightly enclosed
7    spaces, flashing lights, sirens, and other distractions.
8    The tests utilized to measure each applicant's
9capabilities in each of these dimensions may be tests based on
10industry standards currently in use or equivalent tests
11approved by the Joint Labor-Management Committee of the Office
12of the State Fire Marshal.
13    Physical ability examinations administered under this
14Section shall be conducted with a reasonable number of
15proctors and monitors, open to the public, and subject to
16reasonable regulations of the commission.
17    (g) Scoring of examination components. Appointing
18authorities may create a preliminary eligibility register. A
19person shall be placed on the list based upon his or her
20passage of the written examination or the passage of the
21written examination and the physical ability component.
22Passage of the written examination means attaining the minimum
23score set by the commission. Minimum scores should be set by
24the commission so as to demonstrate a candidate's ability to
25perform the essential functions of the job. The minimum score
26set by the commission shall be supported by appropriate

 

 

HB2567- 43 -LRB103 28858 AWJ 55243 b

1validation evidence and shall comply with all applicable State
2and federal laws. The appointing authority may conduct the
3physical ability component and any subjective components
4subsequent to the posting of the preliminary eligibility
5register.
6    The examination components for an initial eligibility
7register shall be graded on a 100-point scale. A person's
8position on the list shall be determined by the following: (i)
9the person's score on the written examination, (ii) the person
10successfully passing the physical ability component, and (iii)
11the person's results on any subjective component as described
12in subsection (d).
13    In order to qualify for placement on the final eligibility
14register, an applicant's score on the written examination,
15before any applicable preference points or subjective points
16are applied, shall be at or above the minimum score as set by
17the commission. The local appointing authority may prescribe
18the score to qualify for placement on the final eligibility
19register, but the score shall not be less than the minimum
20score set by the commission.
21    The commission shall prepare and keep a register of
22persons whose total score is not less than the minimum score
23for passage and who have passed the physical ability
24examination. These persons shall take rank upon the register
25as candidates in the order of their relative excellence based
26on the highest to the lowest total points scored on the mental

 

 

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1aptitude, subjective component, and preference components of
2the test administered in accordance with this Section. No more
3than 60 days after each examination, an initial eligibility
4list shall be posted by the commission. The list shall include
5the final grades of the candidates without reference to
6priority of the time of examination and subject to claim for
7preference credit.
8    Commissions may conduct additional examinations, including
9without limitation a polygraph test, after a final eligibility
10register is established and before it expires with the
11candidates ranked by total score without regard to date of
12examination. No more than 60 days after each examination, an
13initial eligibility list shall be posted by the commission
14showing the final grades of the candidates without reference
15to priority of time of examination and subject to claim for
16preference credit.
17    (h) Preferences. The following are preferences:
18        (1) Veteran preference. Persons who were engaged in
19    the military service of the United States for a period of
20    at least one year of active duty and who were honorably
21    discharged therefrom, or who are now or have been members
22    on inactive or reserve duty in such military or naval
23    service, shall be preferred for appointment to and
24    employment with the fire department of an affected
25    department.
26        (2) Fire cadet preference. Persons who have

 

 

HB2567- 45 -LRB103 28858 AWJ 55243 b

1    successfully completed 2 years of study in fire techniques
2    or cadet training within a cadet program established under
3    the rules of the Joint Labor and Management Committee
4    (JLMC), as defined in Section 50 of the Fire Department
5    Promotion Act, may be preferred for appointment to and
6    employment with the fire department.
7        (3) Educational preference. Persons who have
8    successfully obtained an associate's degree in the field
9    of fire service or emergency medical services, or a
10    bachelor's degree from an accredited college or university
11    may be preferred for appointment to and employment with
12    the fire department.
13        (4) Paramedic preference. Persons who have obtained a
14    license as a paramedic shall be preferred for appointment
15    to and employment with the fire department of an affected
16    department providing emergency medical services.
17        (5) Experience preference. All persons employed by a
18    municipality who have been paid-on-call or part-time
19    certified Firefighter II, State of Illinois or nationally
20    licensed EMT, EMT-I, A-EMT, or any combination of those
21    capacities shall be awarded 0.5 point for each year of
22    successful service in one or more of those capacities, up
23    to a maximum of 5 points. Certified Firefighter III and
24    State of Illinois or nationally licensed paramedics shall
25    be awarded one point per year up to a maximum of 5 points.
26    Applicants from outside the municipality who were employed

 

 

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1    as full-time firefighters or firefighter-paramedics by a
2    fire protection district or another municipality for at
3    least 2 years shall be awarded 5 experience preference
4    points. These additional points presuppose a rating scale
5    totaling 100 points available for the eligibility list. If
6    more or fewer points are used in the rating scale for the
7    eligibility list, the points awarded under this subsection
8    shall be increased or decreased by a factor equal to the
9    total possible points available for the examination
10    divided by 100.
11        Upon request by the commission, the governing body of
12    the municipality or in the case of applicants from outside
13    the municipality the governing body of any fire protection
14    district or any other municipality shall certify to the
15    commission, within 10 days after the request, the number
16    of years of successful paid-on-call, part-time, or
17    full-time service of any person. A candidate may not
18    receive the full amount of preference points under this
19    subsection if the amount of points awarded would place the
20    candidate before a veteran on the eligibility list. If
21    more than one candidate receiving experience preference
22    points is prevented from receiving all of their points due
23    to not being allowed to pass a veteran, the candidates
24    shall be placed on the list below the veteran in rank order
25    based on the totals received if all points under this
26    subsection were to be awarded. Any remaining ties on the

 

 

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1    list shall be determined by lot.
2        (6) Residency preference. Applicants whose principal
3    residence is located within the fire department's
4    jurisdiction shall be preferred for appointment to and
5    employment with the fire department.
6        (7) Additional preferences. Up to 5 additional
7    preference points may be awarded for unique categories
8    based on an applicant's experience or background as
9    identified by the commission.
10        (7.5) Apprentice preferences. A person who has
11    performed fire suppression service for a department as a
12    firefighter apprentice and otherwise meets the
13    qualifications for original appointment as a firefighter
14    specified in this Section is eligible to be awarded up to
15    20 preference points. To qualify for preference points, an
16    applicant shall have completed a minimum of 600 hours of
17    fire suppression work on a regular shift for the affected
18    fire department over a 12-month period. The fire
19    suppression work must be in accordance with Section
20    10-2.1-4 of this Division and the terms established by a
21    Joint Apprenticeship Committee included in a collective
22    bargaining agreement agreed between the employer and its
23    certified bargaining agent. An eligible applicant must
24    apply to the Joint Apprenticeship Committee for preference
25    points under this item. The Joint Apprenticeship Committee
26    shall evaluate the merit of the applicant's performance,

 

 

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1    determine the preference points to be awarded, and certify
2    the amount of points awarded to the commissioners. The
3    commissioners may add the certified preference points to
4    the final grades achieved by the applicant on the other
5    components of the examination.
6        (8) Scoring of preferences. The commission may give
7    preference for original appointment to persons designated
8    in item (1) by adding to the final grade that they receive
9    5 points for the recognized preference achieved. The
10    commission may give preference for original appointment to
11    persons designated in item (7.5) by adding to the final
12    grade the amount of points designated by the Joint
13    Apprenticeship Committee as defined in item (7.5). The
14    commission shall determine the number of preference points
15    for each category, except items (1) and (7.5). The number
16    of preference points for each category shall range from 0
17    to 5, except item (7.5). In determining the number of
18    preference points, the commission shall prescribe that if
19    a candidate earns the maximum number of preference points
20    in all categories except item (7.5), that number may not
21    be less than 10 nor more than 30. The commission shall give
22    preference for original appointment to persons designated
23    in items (2) through (7) by adding the requisite number of
24    points to the final grade for each recognized preference
25    achieved. The numerical result thus attained shall be
26    applied by the commission in determining the final

 

 

HB2567- 49 -LRB103 28858 AWJ 55243 b

1    eligibility list and appointment from the eligibility
2    list. The local appointing authority may prescribe the
3    total number of preference points awarded under this
4    Section, but the total number of preference points, except
5    item (7.5), shall not be less than 10 points or more than
6    30 points. Apprentice preference points may be added in
7    addition to other preference points awarded by the
8    commission.
9    No person entitled to any preference shall be required to
10claim the credit before any examination held under the
11provisions of this Section, but the preference may be given
12after the posting or publication of the initial eligibility
13list or register at the request of a person entitled to a
14credit before any certification or appointments are made from
15the eligibility register, upon the furnishing of verifiable
16evidence and proof of qualifying preference credit. Candidates
17who are eligible for preference credit may make a claim in
18writing within 10 days after the posting of the initial
19eligibility list, or the claim may be deemed waived. Final
20eligibility registers may be established after the awarding of
21verified preference points. However, apprentice preference
22credit earned subsequent to the establishment of the final
23eligibility register may be applied to the applicant's score
24upon certification by the Joint Apprenticeship Committee to
25the commission and the rank order of candidates on the final
26eligibility register shall be adjusted accordingly. All

 

 

HB2567- 50 -LRB103 28858 AWJ 55243 b

1employment shall be subject to the commission's initial hire
2background review, including, but not limited to, criminal
3history, employment history, moral character, oral
4examination, and medical and psychological examinations, all
5on a pass-fail basis. The medical and psychological
6examinations must be conducted last, and may only be performed
7after a conditional offer of employment has been extended.
8    Any person placed on an eligibility list who exceeds the
9age requirement before being appointed to a fire department
10shall remain eligible for appointment until the list is
11abolished, or his or her name has been on the list for a period
12of 2 years. No person who has attained the age of 35 years
13shall be inducted into a fire department, except as otherwise
14provided in this Section.
15    The commission shall strike off the names of candidates
16for original appointment after the names have been on the list
17for more than 2 years.
18    (i) Moral character. No person shall be appointed to a
19fire department unless he or she is a person of good character;
20not a habitual drunkard, a gambler, or a person who has been
21convicted of a felony or a crime involving moral turpitude.
22However, no person shall be disqualified from appointment to
23the fire department because of the person's record of
24misdemeanor convictions except those under Sections 11-6,
2511-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
2612-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,

 

 

HB2567- 51 -LRB103 28858 AWJ 55243 b

131-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs
2(1), (6), and (8) of subsection (a) of Section 24-1 of the
3Criminal Code of 1961 or the Criminal Code of 2012, or arrest
4for any cause without conviction thereon. Any such person who
5is in the department may be removed on charges brought for
6violating this subsection and after a trial as hereinafter
7provided.
8    A classifiable set of the fingerprints of every person who
9is offered employment as a certificated member of an affected
10fire department whether with or without compensation, shall be
11furnished to the Illinois State Police and to the Federal
12Bureau of Investigation by the commission.
13    Whenever a commission is authorized or required by law to
14consider some aspect of criminal history record information
15for the purpose of carrying out its statutory powers and
16responsibilities, then, upon request and payment of fees in
17conformance with the requirements of Section 2605-400 of the
18Illinois State Police Law of the Civil Administrative Code of
19Illinois, the Illinois State Police is authorized to furnish,
20pursuant to positive identification, the information contained
21in State files as is necessary to fulfill the request.
22    (j) Temporary appointments. In order to prevent a stoppage
23of public business, to meet extraordinary exigencies, or to
24prevent material impairment of the fire department, the
25commission may make temporary appointments, to remain in force
26only until regular appointments are made under the provisions

 

 

HB2567- 52 -LRB103 28858 AWJ 55243 b

1of this Division, but never to exceed 60 days. No temporary
2appointment of any one person shall be made more than twice in
3any calendar year.
4    (k) A person who knowingly divulges or receives test
5questions or answers before a written examination, or
6otherwise knowingly violates or subverts any requirement of
7this Section, commits a violation of this Section and may be
8subject to charges for official misconduct.
9    A person who is the knowing recipient of test information
10in advance of the examination shall be disqualified from the
11examination or discharged from the position to which he or she
12was appointed, as applicable, and otherwise subjected to
13disciplinary actions.
14(Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21;
15102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-813, eff.
165-13-22.)
 
17    (65 ILCS 5/10-2.1-6.4)
18    Sec. 10-2.1-6.4. Alternative procedure; original
19appointment; full-time firefighter.
20    (a) Authority. The Joint Labor and Management Committee
21(JLMC), as defined in Section 50 of the Fire Department
22Promotion Act, may establish a community outreach program to
23market the profession of firefighter and firefighter-paramedic
24so as to ensure the pool of applicants recruited is of broad
25diversity and the highest quality. Nothing in this Section

 

 

HB2567- 53 -LRB103 28858 AWJ 55243 b

1requires that the Joint Labor and Management Committee
2establish or operate the community outreach program or master
3register of eligibles, or to contract with a testing agency to
4establish or operate such program or register, unless the
5Joint Labor and Management Committee chooses to do so.
6    For the purposes of this Section, "firefighter" means any
7person who has been prior to, on, or after the effective date
8of this amendatory Act of the 97th General Assembly appointed
9to a fire department or fire protection district, or employed
10by a State university, unit of local government, or Emergency
11Medical Services (EMS) System, and sworn or commissioned or
12employed to perform (i) firefighter duties, (ii) or paramedic,
13emergency medical technician (EMT), emergency medical
14technician-basic (EMT-B), emergency medical
15technician-intermediate (EMT-I), or advanced emergency medical
16technician (A-EMT) duties, (iii) or both, except that the
17following persons are not included: part-time firefighters;
18auxiliary, reserve, or voluntary firefighters, including
19paid-on-call firefighters; clerks and dispatchers or other
20civilian employees of a fire department or fire protection
21district who are not routinely expected to perform firefighter
22duties; and elected officials.
23    (b) Eligibility. Persons eligible for placement on the
24master register of eligibles shall consist of the following:
25        Persons who have participated in and received a
26    passing total score on the mental aptitude, physical

 

 

HB2567- 54 -LRB103 28858 AWJ 55243 b

1    ability, and preference components of a regionally
2    administered test based on the standards described in this
3    Section. The standards for administering these tests and
4    the minimum passing score required for placement on this
5    list shall be as is set forth in this Section.
6        Qualified candidates shall be listed on the master
7    register of eligibles in highest to lowest rank order
8    based upon their test scores without regard to their date
9    of examination. Candidates listed on the master register
10    of eligibles shall be eligible for appointment for 2 years
11    after the date of the certification of their final score
12    on the register without regard to the date of their
13    examination. After 2 years, the candidate's name shall be
14    struck from the list.
15        Any person currently employed as a full-time member of
16    a fire department or any person who has experienced a
17    non-voluntary (and non-disciplinary) separation from the
18    active workforce due to a reduction in the number of
19    departmental officers, who was appointed pursuant to
20    Division 1 of Article 10 of the Illinois Municipal Code,
21    Division 2.1 of Article 10 of the Illinois Municipal Code,
22    or the Fire Protection District Act, and who during the
23    previous 24 months participated in and received a passing
24    score on the physical ability and mental aptitude
25    components of the test may request that his or her name be
26    added to the master register. Any eligible person may be

 

 

HB2567- 55 -LRB103 28858 AWJ 55243 b

1    offered employment by a local commission under the same
2    procedures as provided by this Section except that the
3    apprenticeship period may be waived and the applicant may
4    be immediately issued a certificate of original
5    appointment by the local commission.
6    (c) Qualifications for placement on register of eligibles.
7The purpose for establishing a master register of eligibles
8shall be to identify applicants who possess and demonstrate
9the mental aptitude and physical ability to perform the duties
10required of members of the fire department in order to provide
11the highest quality of service to the public. To this end, all
12applicants for original appointment to an affected fire
13department through examination conducted by the Joint Labor
14and Management Committee (JLMC) shall be subject to
15examination and testing which shall be public, competitive,
16and open to all applicants. Any examination and testing
17procedure utilized under subsection (e) of this Section shall
18be supported by appropriate validation evidence and shall
19comply with all applicable state and federal laws. Any
20subjective component of the testing must be administered by
21certified assessors. All qualifying and disqualifying factors
22applicable to examination processes for local commissions in
23this amendatory Act of the 97th General Assembly shall be
24applicable to persons participating in Joint Labor and
25Management Committee examinations unless specifically provided
26otherwise in this Section.

 

 

HB2567- 56 -LRB103 28858 AWJ 55243 b

1    Notice of the time, place, general scope, and fee of every
2JLMC examination shall be given by the JLMC or designated
3testing agency, as applicable, by a publication at least 30
4days preceding the examination, in one or more newspapers
5published in the region, or if no newspaper is published
6therein, then in one or more newspapers with a general
7circulation within the region. The JLMC may publish the notice
8on the JLMC's Internet website. Additional notice of the
9examination may be given as the JLMC shall prescribe.
10    (d) Examination and testing components for placement on
11register of eligibles. The examination and qualifying
12standards for placement on the master register of eligibles
13and employment shall be based on the following components:
14mental aptitude, physical ability, preferences, moral
15character, and health. The mental aptitude, physical ability,
16and preference components shall determine an applicant's
17qualification for and placement on the master register of
18eligibles. The consideration of an applicant's general moral
19character and health shall be administered on a pass-fail
20basis after a conditional offer of employment is made by a
21local commission.
22    (e) Mental aptitude. Examination of an applicant's mental
23aptitude shall be based upon written examination and an
24applicant's prior experience demonstrating an aptitude for and
25commitment to service as a member of a fire department.
26Written examinations shall be practical in character and

 

 

HB2567- 57 -LRB103 28858 AWJ 55243 b

1relate to those matters that fairly test the capacity of the
2persons examined to discharge the duties performed by members
3of a fire department. Written examinations shall be
4administered in a manner that ensures the security and
5accuracy of the scores achieved. Any subjective component of
6the testing must be administered by certified assessors. No
7person who does not possess a high school diploma or an
8equivalent high school education shall be placed on a register
9of eligibles. Local commissions may establish educational,
10emergency medical service licensure, and other pre-requisites
11for hire within their jurisdiction.
12    (f) Physical ability. All candidates shall be required to
13undergo an examination of their physical ability to perform
14the essential functions included in the duties they may be
15called upon to perform as a member of a fire department. For
16the purposes of this Section, essential functions of the job
17are functions associated with duties that a firefighter may be
18called upon to perform in response to emergency calls. The
19frequency of the occurrence of those duties as part of the fire
20department's regular routine shall not be a controlling factor
21in the design of examination criteria or evolutions selected
22for testing. These physical examinations shall be open,
23competitive, and based on industry standards designed to test
24each applicant's physical abilities in each of the following
25dimensions:
26        (1) Muscular strength to perform tasks and evolutions

 

 

HB2567- 58 -LRB103 28858 AWJ 55243 b

1    that may be required in the performance of duties
2    including grip strength, leg strength, and arm strength.
3    Tests shall be conducted under anaerobic as well as
4    aerobic conditions to test both the candidate's speed and
5    endurance in performing tasks and evolutions. Tasks tested
6    are to be based on industry standards developed by the
7    JLMC by rule.
8        (2) The ability to climb ladders, operate from
9    heights, walk or crawl in the dark along narrow and uneven
10    surfaces, and operate in proximity to hazardous
11    environments.
12        (3) The ability to carry out critical, time-sensitive,
13    and complex problem solving during physical exertion in
14    stressful and hazardous environments. The testing
15    environment may be hot and dark with tightly enclosed
16    spaces, flashing lights, sirens, and other distractions.
17    The tests utilized to measure each applicant's
18capabilities in each of these dimensions may be tests based on
19industry standards currently in use or equivalent tests
20approved by the Joint Labor-Management Committee of the Office
21of the State Fire Marshal.
22    (g) Scoring of examination components. The examination
23components shall be graded on a 100-point scale. A person's
24position on the master register of eligibles shall be
25determined by the person's score on the written examination,
26the person successfully passing the physical ability

 

 

HB2567- 59 -LRB103 28858 AWJ 55243 b

1component, and the addition of any applicable preference
2points.
3    Applicants who have achieved at least the minimum score as
4set by the JLMC, and who successfully pass the physical
5ability examination shall be placed on the initial eligibility
6register. Minimum scores should be set by the commission so as
7to demonstrate a candidate's ability to perform the essential
8functions of the job. The minimum score set by the commission
9shall be supported by appropriate validation evidence and
10shall comply with all applicable State and federal laws.
11Applicable preference points shall be added to the written
12examination scores for all applicants who qualify for the
13initial eligibility register. Applicants who score at or above
14the minimum passing score as set by the JLMC, including any
15applicable preference points, shall be placed on the master
16register of eligibles by the JLMC.
17    These persons shall take rank upon the register as
18candidates in the order of their relative excellence based on
19the highest to the lowest total points scored on the mental
20aptitude and physical ability components, plus any applicable
21preference points requested and verified by the JLMC, or
22approved testing agency.
23    No more than 60 days after each examination, a revised
24master register of eligibles shall be posted by the JLMC
25showing the final grades of the candidates without reference
26to priority of time of examination.

 

 

HB2567- 60 -LRB103 28858 AWJ 55243 b

1    (h) Preferences. The board shall give military, education,
2and experience preference points to those who qualify for
3placement on the master register of eligibles, on the same
4basis as provided for examinations administered by a local
5commission.
6    No person entitled to preference or credit shall be
7required to claim the credit before any examination held under
8the provisions of this Section. The preference shall be given
9after the posting or publication of the applicant's initial
10score at the request of the person before finalizing the
11scores from all applicants taking part in a JLMC examination.
12Candidates who are eligible for preference credit shall make a
13claim in writing within 10 days after the posting of the
14initial scores from any JLMC test or the claim shall be deemed
15waived. Once preference points are awarded, the candidates
16shall be certified to the master register in accordance with
17their final score including preference points.
18    (i) Firefighter apprentice and firefighter-paramedic
19apprentice. The employment of an applicant to an apprentice
20position (including a currently employed full-time member of a
21fire department whose apprenticeship may be reduced or waived)
22shall be subject to the applicant passing the moral character
23standards and health examinations of the local commission. In
24addition, a local commission may require as a condition of
25employment that the applicant demonstrate current physical
26ability by either passing the local commission's approved

 

 

HB2567- 61 -LRB103 28858 AWJ 55243 b

1physical ability examination, or by presenting proof of
2participating in and receiving a passing score on the physical
3ability component of a JLMC test within a period of up to 12
4months before the date of the conditional offer of employment.
5Applicants shall be subject to the local commission's initial
6hire background review including criminal history, employment
7history, moral character, oral examination, and medical
8examinations which may include polygraph, psychological, and
9drug screening components, all on a pass-fail basis. The
10medical examinations must be conducted last, and may only be
11performed after a conditional offer of employment has been
12extended.
13    (j) Selection from list. Any municipality or fire
14protection district that is a party to an intergovernmental
15agreement under the terms of which persons have been tested
16for placement on the master register of eligibles shall be
17entitled to offer employment to any person on the list
18irrespective of their ranking on the list. The offer of
19employment shall be to the position of firefighter apprentice
20or firefighter-paramedic apprentice.
21    Applicants passing these tests may be employed as a
22firefighter apprentice or a firefighter-paramedic apprentice
23who shall serve an apprenticeship period of 12 months or less
24according to the terms and conditions of employment as the
25employing municipality or district offers, or as provided for
26under the terms of any collective bargaining agreement then in

 

 

HB2567- 62 -LRB103 28858 AWJ 55243 b

1effect. The apprenticeship period is separate from the
2probationary period.
3    Service during the apprenticeship period shall be on a
4probationary basis. During the apprenticeship period, the
5apprentice's training and performance shall be monitored and
6evaluated by a Joint Apprenticeship Committee.
7    The Joint Apprenticeship Committee shall consist of 4
8members who shall be regular members of the fire department
9with at least 10 years of full-time work experience as a
10firefighter or firefighter-paramedic. The fire chief and the
11president of the exclusive bargaining representative
12recognized by the employer shall each appoint 2 members to the
13Joint Apprenticeship Committee. In the absence of an exclusive
14collective bargaining representative, the chief shall appoint
15the remaining 2 members who shall be from the ranks of company
16officer and firefighter with at least 10 years of work
17experience as a firefighter or firefighter-paramedic. In the
18absence of a sufficient number of qualified firefighters, the
19Joint Apprenticeship Committee members shall have the amount
20of experience and the type of qualifications as is reasonable
21given the circumstances of the fire department. In the absence
22of a full-time member in a rank between chief and the highest
23rank in a bargaining unit, the Joint Apprenticeship Committee
24shall be reduced to 2 members, one to be appointed by the chief
25and one by the union president, if any. If there is no
26exclusive bargaining representative, the chief shall appoint

 

 

HB2567- 63 -LRB103 28858 AWJ 55243 b

1the second member of the Joint Apprenticeship Committee from
2among qualified members in the ranks of company officer and
3below. Before the conclusion of the apprenticeship period, the
4Joint Apprenticeship Committee shall meet to consider the
5apprentice's progress and performance and vote to retain the
6apprentice as a member of the fire department or to terminate
7the apprenticeship. If 3 of the 4 members of the Joint
8Apprenticeship Committee affirmatively vote to retain the
9apprentice (if a 2 member Joint Apprenticeship Committee
10exists, then both members must affirmatively vote to retain
11the apprentice), the local commission shall issue the
12apprentice a certificate of original appointment to the fire
13department.
14    (k) A person who knowingly divulges or receives test
15questions or answers before a written examination, or
16otherwise knowingly violates or subverts any requirement of
17this Section, commits a violation of this Section and may be
18subject to charges for official misconduct.
19    A person who is the knowing recipient of test information
20in advance of the examination shall be disqualified from the
21examination or discharged from the position to which he or she
22was appointed, as applicable, and otherwise subjected to
23disciplinary actions.
24    (l) Applicability. This Section does not apply to a
25municipality with more than 1,000,000 inhabitants.
26(Source: P.A. 102-188, eff. 1-1-22.)