Rep. Michael K. Smith

Filed: 3/18/2010

 

 


 

 


 
09600HB5787ham001 LRB096 16931 RLJ 39054 a

1
AMENDMENT TO HOUSE BILL 5787

2     AMENDMENT NO. ______. Amend House Bill 5787 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Municipal Code is amended by
5 changing Sections 10-1-7 and 10-2.1-4 and by adding Sections
6 10-1-7.1, 10-1-7.2, 10-2.1-6.3, and 10-2.1-6.4 as follows:
 
7     (65 ILCS 5/10-1-7)  (from Ch. 24, par. 10-1-7)
8     Sec. 10-1-7. Examination of applicants; disqualifications.
9     (a) All applicants for offices or places in the classified
10 service, except those mentioned in Section 10-1-17, are subject
11 to examination. The examination shall be public, competitive,
12 and open to all citizens of the United States, with specified
13 limitations as to residence, age, health, habits and moral
14 character.
15     (b) Residency requirements in effect at the time an
16 individual enters the fire or police service of a municipality

 

 

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1 (other than a municipality that has more than 1,000,000
2 inhabitants) cannot be made more restrictive for that
3 individual during his or her period of service for that
4 municipality, or be made a condition of promotion, except for
5 the rank or position of Fire or Police Chief.
6     (c) No person with a record of misdemeanor convictions
7 except those under Sections 11-6, 11-7, 11-9, 11-14, 11-15,
8 11-17, 11-18, 11-19, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3,
9 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2,
10 32-3, 32-4, 32-8, and subsections (1), (6) and (8) of Section
11 24-1 of the Criminal Code of 1961 or arrested for any cause but
12 not convicted on that cause shall be disqualified from taking
13 the examination on grounds of habits or moral character, unless
14 the person is attempting to qualify for a position on the
15 police department, in which case the conviction or arrest may
16 be considered as a factor in determining the person's habits or
17 moral character.
18     (d) Persons entitled to military preference under Section
19 10-1-16 shall not be subject to limitations specifying age
20 unless they are applicants for a position as a fireman or a
21 policeman having no previous employment status as a fireman or
22 policeman in the regularly constituted fire or police
23 department of the municipality, in which case they must not
24 have attained their 35th birthday, except any person who has
25 served as an auxiliary police officer under Section 3.1-30-20
26 for at least 5 years and is under 40 years of age.

 

 

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1     (e) All employees of a municipality of less than 500,000
2 population (except those who would be excluded from the
3 classified service as provided in this Division 1) who are
4 holding that employment as of the date a municipality adopts
5 this Division 1, or as of July 17, 1959, whichever date is the
6 later, and who have held that employment for at least 2 years
7 immediately before that later date, and all firemen and
8 policemen regardless of length of service who were either
9 appointed to their respective positions by the board of fire
10 and police commissioners under the provisions of Division 2 of
11 this Article or who are serving in a position (except as a
12 temporary employee) in the fire or police department in the
13 municipality on the date a municipality adopts this Division 1,
14 or as of July 17, 1959, whichever date is the later, shall
15 become members of the classified civil service of the
16 municipality without examination.
17     (f) The examinations shall be practical in their character,
18 and shall relate to those matters that will fairly test the
19 relative capacity of the persons examined to discharge the
20 duties of the positions to which they seek to be appointed. The
21 examinations shall include tests of physical qualifications,
22 health, and (when appropriate) manual skill. If an applicant is
23 unable to pass the physical examination solely as the result of
24 an injury received by the applicant as the result of the
25 performance of an act of duty while working as a temporary
26 employee in the position for which he or she is being examined,

 

 

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1 however, the physical examination shall be waived and the
2 applicant shall be considered to have passed the examination.
3 No questions in any examination shall relate to political or
4 religious opinions or affiliations. Results of examinations
5 and the eligible registers prepared from the results shall be
6 published by the commission within 60 days after any
7 examinations are held.
8     (g) The commission shall control all examinations, and may,
9 whenever an examination is to take place, designate a suitable
10 number of persons, either in or not in the official service of
11 the municipality, to be examiners. The examiners shall conduct
12 the examinations as directed by the commission and shall make a
13 return or report of the examinations to the commission. If the
14 appointed examiners are in the official service of the
15 municipality, the examiners shall not receive extra
16 compensation for conducting the examinations. The commission
17 may at any time substitute any other person, whether or not in
18 the service of the municipality, in the place of any one
19 selected as an examiner. The commission members may themselves
20 at any time act as examiners without appointing examiners. The
21 examiners at any examination shall not all be members of the
22 same political party.
23     (h) In municipalities of 500,000 or more population, no
24 person who has attained his or her 35th birthday shall be
25 eligible to take an examination for a position as a fireman or
26 a policeman unless the person has had previous employment

 

 

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1 status as a policeman or fireman in the regularly constituted
2 police or fire department of the municipality, except as
3 provided in this Section.
4     (i) In municipalities of more than 5,000 but not more than
5 200,000 inhabitants, no person who has attained his or her 35th
6 birthday shall be eligible to take an examination for a
7 position as a fireman or a policeman unless the person has had
8 previous employment status as a policeman or fireman in the
9 regularly constituted police or fire department of the
10 municipality, except as provided in this Section.
11     (j) In all municipalities, applicants who are 20 years of
12 age and who have successfully completed 2 years of law
13 enforcement studies at an accredited college or university may
14 be considered for appointment to active duty with the police
15 department. An applicant described in this subsection (j) who
16 is appointed to active duty shall not have power of arrest, nor
17 shall the applicant be permitted to carry firearms, until he or
18 she reaches 21 years of age.
19     (k) In municipalities of more than 500,000 population,
20 applications for examination for and appointment to positions
21 as firefighters or police shall be made available at various
22 branches of the public library of the municipality.
23     (l) No municipality having a population less than 1,000,000
24 shall require that any fireman appointed to the lowest rank
25 serve a probationary employment period of longer than one year.
26 The limitation on periods of probationary employment provided

 

 

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1 in this amendatory Act of 1989 is an exclusive power and
2 function of the State. Pursuant to subsection (h) of Section 6
3 of Article VII of the Illinois Constitution, a home rule
4 municipality having a population less than 1,000,000 must
5 comply with this limitation on periods of probationary
6 employment, which is a denial and limitation of home rule
7 powers. Notwithstanding anything to the contrary in this
8 Section, the probationary employment period limitation may be
9 extended for a firefighter who is required, as a condition of
10 employment, to be a certified paramedic, during which time the
11 sole reason that a firefighter may be discharged without a
12 hearing is for failing to meet the requirements for paramedic
13 certification.
14     (m) To the extent that this Section or any other Section in
15 this Division conflicts with Section 10-1-7.1 or 10-1-7.2, then
16 Section 10-1-7.1 or 10-1-7.2 shall control.
17 (Source: P.A. 94-135, eff. 7-7-05; 94-984, eff. 6-30-06.)
 
18     (65 ILCS 5/10-1-7.1 new)
19     Sec. 10-1-7.1. Original appointments; full-time fire
20 department.
21     (a) Applicability. Unless a commission elects to follow the
22 provisions of Section 10-1-7.2, this Section shall apply to all
23 original appointments to an affected full-time fire
24 department. Existing registers of eligibles shall continue to
25 be valid until their expiration dates, or up to a maximum of 2

 

 

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1 years after the effective date of this amendatory Act of the
2 96th General Assembly.
3     Notwithstanding any statute, ordinance, rule, or other law
4 to the contrary, all original appointments to an affected
5 department to which this Section applies shall be administered
6 in the manner provided for in this Section. Provisions of the
7 Illinois Municipal Code, municipal ordinances, and rules
8 adopted pursuant to such authority and other laws relating to
9 initial hiring of firefighters in affected departments shall
10 continue to apply to the extent they are compatible with this
11 Section, but in the event of a conflict between this Section
12 and any other law, this Section shall control.
13     A home rule or non-home rule municipality may not
14 administer its fire department process for original
15 appointments in a manner that is inconsistent with this
16 Section. This Section is a limitation under subsection (i) of
17 Section 6 of Article VII of the Illinois Constitution on the
18 concurrent exercise by home rule units of the powers and
19 functions exercised by the State.
20     (b) Original appointments. All original appointments made
21 to an affected fire department shall be made from a register of
22 eligibles established in accordance with the processes
23 established by this Section. Only persons who meet or exceed
24 the performance standards required by this Section shall be
25 placed on a register of eligibles for original appointment to
26 an affected fire department.

 

 

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1     Whenever an appointing authority authorizes action to hire
2 a person to perform the duties of a firefighter or to hire a
3 firefighter-paramedic to fill a position that is a new position
4 or vacancy due to resignation, discharge, promotion, death, the
5 granting of a disability or retirement pension, or any other
6 cause, the appointing authority shall appoint to that position
7 the person with the highest ranking on the final eligibility
8 list, except that the appointing authority shall have the right
9 to pass over that person and appoint the next highest ranked
10 person on the list if the appointing authority has reason to
11 conclude that the highest ranked person fails to meet the
12 minimum standards for the position.
13     Any candidate may pass on an appointment once without
14 losing his or her position on the register of eligibles. Any
15 candidate who passes a second time shall be removed from the
16 list provided that such action shall not prejudice a person's
17 opportunities to participate in future examinations, including
18 an examination held during the time a candidate is already on
19 the municipality's register of eligibles.
20     The sole authority to issue certificates of appointment
21 shall be vested in the Civil Service Commission. All
22 certificates of appointment issued to any officer or member of
23 an affected department shall be signed by the chairperson and
24 secretary, respectively, of the commission upon appointment of
25 such officer or member to the affected department by the
26 commission. Each person who accepts a certificate of

 

 

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1 appointment and successfully completes his or her probationary
2 period shall be enrolled as a firefighter and as a regular
3 member of the fire department.
4     For the purposes of this Section, "firefighter" means any
5 person who has been prior to, on, or after the effective date
6 of this amendatory Act of the 96th General Assembly appointed
7 to a fire department or fire protection district or employed by
8 a State university and sworn or commissioned to perform
9 firefighter duties or paramedic duties, or both, except that
10 the following persons are not included: part-time
11 firefighters; auxiliary, reserve, or voluntary firefighters,
12 including paid-on-call firefighters; clerks and dispatchers or
13 other civilian employees of a fire department or fire
14 protection district who are not routinely expected to perform
15 firefighter duties; and elected officials.
16     (c) Qualification for placement on register of eligibles.
17 The purpose of establishing a register of eligibles is to
18 identify applicants who possess and demonstrate the mental
19 aptitude and physical ability to perform the duties required of
20 members of the fire department in order to provide the highest
21 quality of service to the public. To this end, all applicants
22 for original appointment to an affected fire department shall
23 be subject to examination and testing which shall be public,
24 competitive, and open to all applicants unless the municipality
25 shall by ordinance limit applicants to residents of the
26 municipality, county, State, or nation. Municipalities may

 

 

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1 establish educational, emergency medical service licensure,
2 and other pre-requisites for participation in an examination or
3 for hire as a firefighter. Any fee to cover the costs of the
4 application process shall not exceed $25.
5     Residency requirements in effect at the time an individual
6 enters the fire service of a municipality (other than a
7 municipality that has more than 1,000,000 inhabitants) cannot
8 be made more restrictive for that individual during his or her
9 period of service for that municipality, or be made a condition
10 of promotion, except for the rank or position of fire chief and
11 for no more than 2 positions that rank immediately below that
12 of the chief rank which are appointed positions pursuant to the
13 Fire Department Promotion Act.
14     No person who is 35 years of age or older shall be eligible
15 to take an examination for a position as a firefighter unless
16 the person has had previous employment status as a firefighter
17 in the regularly constituted fire department of the
18 municipality, except as provided in this Section. The age
19 limitation does not apply to:
20         (1) any person previously employed as a full-time
21     firefighter in a regularly constituted fire department of
22     (i) any municipality or fire protection district,
23     regardless of whether the municipality or fire protection
24     district is located in Illinois or in another state, (ii) a
25     fire protection district whose obligations were assumed by
26     a municipality under Section 21 of the Fire Protection

 

 

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1     District Act, or (iii) a municipality whose obligations
2     were taken over by a fire protection district, or
3         (2) any person who has served a municipality as a
4     regularly enrolled volunteer, paid-on-call, or part-time
5     firefighter for the 5 years immediately preceding the time
6     that the municipality begins to use full-time firefighters
7     to provide all or part of its fire protection service.
8     No person who is under 21 years of age shall be eligible
9 for employment as a firefighter.
10     No applicant shall be examined concerning his or her
11 political or religious opinions or affiliations. The
12 examinations shall be conducted by the commissioners of the
13 municipality or their designees and agents.
14     No municipality having a population of less than 1,000,000
15 shall require that any firefighter appointed to the lowest rank
16 serve a probationary employment period of longer than one year
17 of actual active employment, which may exclude periods of
18 training, or injury or illness leaves, including duty related
19 leave, in excess of 30 calendar days. Notwithstanding anything
20 to the contrary in this Section, the probationary employment
21 period limitation may be extended for a firefighter who is
22 required, as a condition of employment, to be a certified
23 paramedic, during which time the sole reason that a firefighter
24 may be discharged without a hearing is for failing to meet the
25 requirements for paramedic certification.
26     In the event that any applicant who has been found eligible

 

 

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

 

 

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1 firefighters shall be based on: mental aptitude, physical
2 ability, preferences, moral character, and health. The mental
3 aptitude, physical ability, and preference components shall
4 determine an applicant's qualification for and placement on the
5 final register of eligibles. The examination may also include a
6 subjective component including without limitation an oral
7 interview or an assessment center exercise.
8     (e) Mental aptitude. No person who does not possess at
9 least a high school diploma or an equivalent high school
10 education shall be placed on a register of eligibles.
11 Examination of an applicant's mental aptitude shall be based
12 upon a written examination. The examination shall be practical
13 in character and relate to those matters that fairly test the
14 capacity of the persons examined to discharge the duties
15 performed by members of a fire department. Written examinations
16 shall be administered in a manner that ensures the security and
17 accuracy of the scores achieved.
18     (f) Physical ability. All candidates shall be required to
19 undergo an examination of their physical ability to perform the
20 essential functions included in the duties they may be called
21 upon to perform as a member of a fire department. For the
22 purposes of this Section, essential functions of the job are
23 functions associated with duties that a firefighter may be
24 called upon to perform in response to emergency calls. The
25 frequency of the occurrence of those duties as part of the fire
26 department's regular routine shall not be a controlling factor

 

 

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1 in the design of examination criteria or evolutions selected
2 for testing. These physical examinations shall be open,
3 competitive, and based on industry standards designed to test
4 each applicant's physical abilities in the following
5 dimensions (or a similar test designed to ensure that the
6 successful candidates are able to perform the essential
7 functions of the firefighter's job description):
8         (1) Muscular strength to perform tasks and evolutions
9     that may be required in the performance of duties including
10     grip strength, leg strength, and arm strength. Tests shall
11     be conducted under anaerobic as well as aerobic conditions
12     to test both the candidate's speed and endurance in
13     performing tasks and evolutions. Tasks tested may be based
14     on standards developed, or approved, by the local
15     appointing authority.
16         (2) The ability to climb ladders, operate from heights,
17     walk or crawl in the dark along narrow and uneven surfaces,
18     and operate in proximity to hazardous environments.
19         (3) The ability to carry out critical, time-sensitive,
20     and complex problem solving during physical exertion in
21     stressful and hazardous environments, including hot, dark,
22     tightly enclosed spaces, that is further aggravated by
23     fatigue, flashing lights, sirens, and other distractions.
24     Physical ability examinations administered under this
25 Section shall be conducted with a reasonable number of proctors
26 and monitors, open to the public, and subject to reasonable

 

 

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1 regulations of the commission.
2     (g) Scoring of examination components. The examination
3 components shall be graded on a 100-point scale. A person's
4 position on the list shall be determined by the following: (i)
5 the person's score on the written examination, (ii) the person
6 successfully passing the physical ability component, and (iii)
7 the addition of any applicable preference points.
8     Applicants who pass both the written examination and the
9 physical ability examination shall be placed on the initial
10 eligibility register. The passing score for each of these test
11 components shall be determined by calculating a mean score for
12 all applicants participating in each test. In order to qualify
13 for placement on the final eligibility register, an applicant's
14 total score, including any applicable preference points, shall
15 be at or above the mean score plus 10%.
16     The commission shall prepare and keep a register of persons
17 whose total score is not less than the minimum fixed by this
18 Section. These persons shall take rank upon the register as
19 candidates in the order of their relative excellence based on
20 the highest to the lowest total points scored on the mental
21 aptitude, physical ability, and preference components of the
22 test administered in accordance with this Section. No more than
23 60 days after each examination, an initial eligibility list
24 shall be posted by the commission. The list shall include the
25 final grades of the candidates without reference to priority of
26 the time of examination and subject to claim for preference

 

 

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

 

 

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1         (3) Educational preference. Persons who have
2     successfully obtained an associate's degree in the field of
3     fire service or emergency medical services, or a bachelor's
4     degree from an accredited college or university shall be
5     preferred for appointment to and employment with the fire
6     department.
7         (4) Paramedic preference. Persons who have obtained
8     certification as an Emergency Medical Technician-Paramedic
9     (EMT-P) shall be preferred for appointment to and
10     employment with the fire department of an affected
11     department providing emergency medical services.
12         (5) Experience preference. All persons employed by a
13     municipality who have been paid-on-call or part-time
14     certified Firefighter II, State of Illinois or nationally
15     licensed EMT-B or EMT-I, or any combination of those
16     capacities shall be awarded 0.5 point for each year of
17     successful service in one or more of those capacities, up
18     to a maximum of 5 points. Certified Firefighter III and
19     State of Illinois or nationally licensed paramedics shall
20     be awarded one point per year up to a maximum of 5 points.
21     Applicants from outside the municipality who were employed
22     as full-time firefighters or firefighter-paramedics by a
23     fire protection district or another municipality for at
24     least 2 years shall have the same preference as
25     paid-on-call or part-time personnel. These additional
26     points presuppose a rating scale totaling 100 points

 

 

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

 

 

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1         (7) Scoring of preferences. Preference points shall be
2     awarded in the order listed in items (1) through (6). The
3     commission shall give preference for original appointment
4     to persons designated in items (1) through (4) and item (6)
5     by adding to the final grade which they receive 5 points
6     for each recognized preference achieved. Experience
7     preference of up to 5 points shall then be added in
8     accordance with item (5). The numerical result thus
9     attained shall be applied by the commission in determining
10     the final eligibility list and appointment from such
11     eligibility list.
12     No person entitled to any preference shall be required to
13 claim the credit before any examination held under the
14 provisions of this Section, but the preference shall be given
15 after the posting or publication of the initial eligibility
16 list or register at the request of a person entitled to a
17 credit before any certification or appointments are made from
18 the eligibility register, upon the furnishing of verifiable
19 evidence and proof of qualifying preference credit. Candidates
20 who are eligible for preference credit shall make a claim in
21 writing within 10 days after the posting of the initial
22 eligibility list, or the claim shall be deemed waived. Final
23 eligibility registers shall be established after the awarding
24 of verified preference points, and appointment from the final
25 register shall be subject to the applicant passing the
26 qualifying standards for moral character and health. All

 

 

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1 employment shall be subject to the commission's initial hire
2 background review including criminal history, employment
3 history, moral character, oral examination, and medical
4 examinations, all on a pass-fail basis. The medical
5 examinations must be conducted last, and may only be performed
6 after a conditional offer of employment has been extended.
7     Any person placed on an eligibility list who exceeds the
8 age requirement before being appointed to a fire department
9 shall remain eligible for appointment until the list is
10 abolished, or his or her name has been on the list for a period
11 of 2 years. No person who has attained the age of 35 years
12 shall be inducted into a fire department, except as otherwise
13 provided in this Section.
14     The commission shall strike off the names of candidates for
15 original appointment after the names have been on the list for
16 more than 2 years.
17     (i) Moral character. No person shall be appointed to a fire
18 department unless he or she is a person of good character; not
19 a habitual drunkard, a gambler, or a person who has been
20 convicted of a felony or a crime involving moral turpitude.
21 However, no person shall be disqualified from appointment to
22 the fire department because of the person's record of
23 misdemeanor convictions except those under Sections 11-6,
24 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
25 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
26 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections

 

 

09600HB5787ham001 - 21 - LRB096 16931 RLJ 39054 a

1 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or
2 arrest for any cause without conviction thereon. Any such
3 person who is in the department may be removed on charges
4 brought for violating this subsection and after a trial as
5 hereinafter provided.
6     A classifiable set of the fingerprints of every person who
7 is offered employment as a certificated member of an affected
8 fire department whether with or without compensation, shall be
9 furnished to the Illinois Department of State Police and to the
10 Federal Bureau of Investigation by the commission.
11     Whenever a commission is authorized or required by law to
12 consider some aspect of criminal history record information for
13 the purpose of carrying out its statutory powers and
14 responsibilities, then, upon request and payment of fees in
15 conformance with the requirements of Section 2605-400 of the
16 State Police Law of the Civil Administrative Code of Illinois,
17 the Department of State Police is authorized to furnish,
18 pursuant to positive identification, the information contained
19 in State files as is necessary to fulfill the request.
20     (j) Temporary appointments. In order to prevent a stoppage
21 of public business, to meet extraordinary exigencies, or to
22 prevent material impairment of the fire department, the
23 commission may make temporary appointments, to remain in force
24 only until regular appointments are made under the provisions
25 of this Division, but never to exceed 60 days. No temporary
26 appointment of any one person shall be made more than twice in

 

 

09600HB5787ham001 - 22 - LRB096 16931 RLJ 39054 a

1 any calendar year.
2     (k) A person who knowingly divulges or receives test
3 questions or answers before a written examination, or otherwise
4 knowingly violates or subverts any requirement of this Section,
5 commits a violation of this Section and may be subject to
6 charges for official misconduct.
7     A person who is the knowing recipient of test information
8 in advance of the examination shall be disqualified from the
9 examination or discharged from the position to which he or she
10 was appointed, as applicable, and otherwise subjected to
11 disciplinary actions.
 
12     (65 ILCS 5/10-1-7.2 new)
13     Sec. 10-1-7.2. Alternative procedure; original
14 appointment; full-time firefighter.
15     (a) Authority. The Joint Labor and Management Committee
16 (JLMC), as defined in Section 50 of the Fire Department
17 Promotion Act, may establish a community outreach program to
18 market the profession of firefighter and firefighter-paramedic
19 so as to ensure the pool of applicants recruited is of broad
20 diversity and the highest quality.
21     For the purposes of this Section, "firefighter" means any
22 person who has been prior to, on, or after the effective date
23 of this amendatory Act of the 96th General Assembly appointed
24 to a fire department or fire protection district or employed by
25 a State university and sworn or commissioned to perform

 

 

09600HB5787ham001 - 23 - LRB096 16931 RLJ 39054 a

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

 

 

09600HB5787ham001 - 24 - LRB096 16931 RLJ 39054 a

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

 

 

09600HB5787ham001 - 25 - LRB096 16931 RLJ 39054 a

1 administered by certified assessors. All qualifying and
2 disqualifying factors applicable to examination processes for
3 local commissions in this amendatory Act of the 96th General
4 Assembly shall be applicable to persons participating in Joint
5 Labor and Management Committee examinations unless
6 specifically provided otherwise in this Section.
7     Notice of the time, place, general scope, and fee of every
8 JLMC examination shall be given by the JLMC or designated
9 testing agency, as applicable, by publication at least 30 days
10 preceding the examination, in one or more newspapers published
11 in the region, or if no newspaper is published therein, then in
12 one or more newspapers with a general circulation within the
13 region. Additional notice of the examination may be given as
14 the JLMC shall prescribe.
15     (d) Examination and testing components for placement on
16 register of eligibles. The examination and qualifying
17 standards for placement on the master register of eligibles and
18 employment shall be based on the following components: mental
19 aptitude, physical ability, preferences, moral character, and
20 health. The mental aptitude, physical ability, and preference
21 components shall determine an applicant's qualification for
22 and placement on the master register of eligibles. The
23 consideration of an applicant's general moral character and
24 health shall be administered on a pass-fail basis after a
25 conditional offer of employment is made by a local commission.
26     (e) Mental aptitude. Examination of an applicant's mental

 

 

09600HB5787ham001 - 26 - LRB096 16931 RLJ 39054 a

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

 

 

09600HB5787ham001 - 27 - LRB096 16931 RLJ 39054 a

1 competitive, and based on industry standards designed to test
2 each applicant's physical abilities in each of the following
3 dimensions (or a similar test designed to ensure that the
4 successful candidates are able to perform the essential
5 functions of a firefighter's job description):
6         (1) Muscular strength to perform tasks and evolutions
7     that may be required in the performance of duties including
8     grip strength, leg strength, and arm strength. Tests shall
9     be conducted under anaerobic as well as aerobic conditions
10     to test both the candidate's speed and endurance in
11     performing tasks and evolutions. Tasks tested are to be
12     based on industry standards developed by the JLMC by rule.
13         (2) The ability to climb ladders, operate from heights,
14     walk or crawl in the dark along narrow and uneven surfaces,
15     and operate in proximity to hazardous environments.
16         (3) The ability to carry out critical, time-sensitive,
17     and complex problem solving during physical exertion in
18     stressful and hazardous environments, including hot, dark,
19     tightly enclosed spaces, that is further aggravated by
20     fatigue, flashing lights, sirens, and other distractions.
21     (g) Scoring of examination components. The examination
22 components shall be graded on a 100-point scale. A person's
23 position on the master register of eligibles shall be
24 determined by the person's score on the written examination,
25 the person successfully passing the physical ability
26 component, and the addition of any applicable preference

 

 

09600HB5787ham001 - 28 - LRB096 16931 RLJ 39054 a

1 points.
2     Applicants who have achieved at least the mean score of all
3 applicants participating in the written examination at the same
4 time, and who successfully pass the physical ability
5 examination shall be placed on the initial eligibility
6 register. For placement on the final eligibility register, the
7 passing score shall be determined by (i) calculating the mean
8 score for all applicants participating in the written test; and
9 (ii) adding 20% to the mean score. Applicants whose total
10 scores, including any applicable preference points, are above
11 the mean score plus 20%, shall be placed on the master register
12 of eligibles by the JLMC.
13     These persons shall take rank upon the register as
14 candidates in the order of their relative excellence based on
15 the highest to the lowest total points scored on the mental
16 aptitude and physical ability components, plus any applicable
17 preference points requested and verified by the JLMC, or
18 approved testing agency.
19     No more than 60 days after each examination, a revised
20 master register of eligibles shall be posted by the JLMC
21 showing the final grades of the candidates without reference to
22 priority of time of examination.
23     (h) Preferences. The board shall give military, education,
24 and experience preference points to those who qualify for
25 placement on the master register of eligibles, on the same
26 basis as provided for examinations administered by a local

 

 

09600HB5787ham001 - 29 - LRB096 16931 RLJ 39054 a

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

 

 

09600HB5787ham001 - 30 - LRB096 16931 RLJ 39054 a

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

 

 

09600HB5787ham001 - 31 - LRB096 16931 RLJ 39054 a

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

 

 

09600HB5787ham001 - 32 - LRB096 16931 RLJ 39054 a

1 apprentice's progress and performance and vote to retain the
2 apprentice as a member of the fire department or to terminate
3 the apprenticeship. If 3 of the 4 members of the Joint
4 Apprenticeship Committee affirmatively vote to retain the
5 apprentice (if a 2 member Joint Apprenticeship Committee
6 exists, then both members must affirmatively vote to retain the
7 apprentice), the local commission shall issue the apprentice a
8 certificate of original appointment to the fire department.
9     (k) A person who knowingly divulges or receives test
10 questions or answers before a written examination, or otherwise
11 knowingly violates or subverts any requirement of this Section,
12 commits a violation of this Section and may be subject to
13 charges for official misconduct.
14     A person who is the knowing recipient of test information
15 in advance of the examination shall be disqualified from the
16 examination or discharged from the position to which he or she
17 was appointed, as applicable, and otherwise subjected to
18 disciplinary actions.
 
19     (65 ILCS 5/10-2.1-4)  (from Ch. 24, par. 10-2.1-4)
20     Sec. 10-2.1-4. Fire and police departments; Appointment of
21 members; Certificates of appointments.
22     The board of fire and police commissioners shall appoint
23 all officers and members of the fire and police departments of
24 the municipality, including the chief of police and the chief
25 of the fire department, unless the council or board of trustees

 

 

09600HB5787ham001 - 33 - LRB096 16931 RLJ 39054 a

1 shall by ordinance as to them otherwise provide; except as
2 otherwise provided in this Section, and except that in any
3 municipality which adopts or has adopted this Division 2.1 and
4 also adopts or has adopted Article 5 of this Code, the chief of
5 police and the chief of the fire department shall be appointed
6 by the municipal manager, if it is provided by ordinance in
7 such municipality that such chiefs, or either of them, shall
8 not be appointed by the board of fire and police commissioners.
9     If the chief of the fire department or the chief of the
10 police department or both of them are appointed in the manner
11 provided by ordinance, they may be removed or discharged by the
12 appointing authority. In such case the appointing authority
13 shall file with the corporate authorities the reasons for such
14 removal or discharge, which removal or discharge shall not
15 become effective unless confirmed by a majority vote of the
16 corporate authorities.
17     If a member of the department is appointed chief of police
18 or chief of the fire department prior to being eligible to
19 retire on pension, he shall be considered as on furlough from
20 the rank he held immediately prior to his appointment as chief.
21 If he resigns as chief or is discharged as chief prior to
22 attaining eligibility to retire on pension, he shall revert to
23 and be established in whatever rank he currently holds, except
24 for previously appointed positions, and thereafter be entitled
25 to all the benefits and emoluments of that rank, without regard
26 as to whether a vacancy then exists in that rank.

 

 

09600HB5787ham001 - 34 - LRB096 16931 RLJ 39054 a

1     All appointments to each department other than that of the
2 lowest rank, however, shall be from the rank next below that to
3 which the appointment is made except as otherwise provided in
4 this Section, and except that the chief of police and the chief
5 of the fire department may be appointed from among members of
6 the police and fire departments, respectively, regardless of
7 rank, unless the council or board of trustees shall have by
8 ordinance as to them otherwise provided. A chief of police or
9 the chief of the fire department, having been appointed from
10 among members of the police or fire department, respectively,
11 shall be permitted, regardless of rank, to take promotional
12 exams and be promoted to a higher classified rank than he
13 currently holds, without having to resign as chief of police or
14 chief of the fire department.
15     The sole authority to issue certificates of appointment
16 shall be vested in the Board of Fire and Police Commissioners
17 and all certificates of appointments issued to any officer or
18 member of the fire or police department of a municipality shall
19 be signed by the chairman and secretary respectively of the
20 board of fire and police commissioners of such municipality,
21 upon appointment of such officer or member of the fire and
22 police department of such municipality by action of the board
23 of fire and police commissioners. In any municipal fire
24 department that employs full-time firefighters and is subject
25 to a collective bargaining agreement, a person who has not
26 qualified for regular appointment under the provisions of this

 

 

09600HB5787ham001 - 35 - LRB096 16931 RLJ 39054 a

1 Division 2.1 shall not be used as a temporary or permanent
2 substitute for classified members of a municipality's fire
3 department or for regular appointment as a classified member of
4 a municipality's fire department unless mutually agreed to by
5 the employee's certified bargaining agent. Such agreement
6 shall be considered a permissive subject of bargaining.
7 Municipal fire departments covered by the changes made by this
8 amendatory Act of the 95th General Assembly that are using
9 non-certificated employees as substitutes immediately prior to
10 the effective date of this amendatory Act of the 95th General
11 Assembly may, by mutual agreement with the certified bargaining
12 agent, continue the existing practice or a modified practice
13 and that agreement shall be considered a permissive subject of
14 bargaining. A home rule unit may not regulate the hiring of
15 temporary or substitute members of the municipality's fire
16 department in a manner that is inconsistent with this Section.
17 This Section is a limitation under subsection (i) of Section 6
18 of Article VII of the Illinois Constitution on the concurrent
19 exercise by home rule units of powers and functions exercised
20 by the State.
21     The term "policemen" as used in this Division does not
22 include auxiliary police officers except as provided for in
23 Section 10-2.1-6.
24     Any full time member of a regular fire or police department
25 of any municipality which comes under the provisions of this
26 Division or adopts this Division 2.1 or which has adopted any

 

 

09600HB5787ham001 - 36 - LRB096 16931 RLJ 39054 a

1 of the prior Acts pertaining to fire and police commissioners,
2 is a city officer.
3     Notwithstanding any other provision of this Section, the
4 Chief of Police of a department in a non-homerule municipality
5 of more than 130,000 inhabitants may, without the advice or
6 consent of the Board of Fire and Police Commissioners, appoint
7 up to 6 officers who shall be known as deputy chiefs or
8 assistant deputy chiefs, and whose rank shall be immediately
9 below that of Chief. The deputy or assistant deputy chiefs may
10 be appointed from any rank of sworn officers of that
11 municipality, but no person who is not such a sworn officer may
12 be so appointed. Such deputy chief or assistant deputy chief
13 shall have the authority to direct and issue orders to all
14 employees of the Department holding the rank of captain or any
15 lower rank. A deputy chief of police or assistant deputy chief
16 of police, having been appointed from any rank of sworn
17 officers of that municipality, shall be permitted, regardless
18 of rank, to take promotional exams and be promoted to a higher
19 classified rank than he currently holds, without having to
20 resign as deputy chief of police or assistant deputy chief of
21 police.
22     Notwithstanding any other provision of this Section, a
23 non-homerule municipality of 130,000 or fewer inhabitants,
24 through its council or board of trustees, may, by ordinance,
25 provide for a position of deputy chief to be appointed by the
26 chief of the police department. The ordinance shall provide for

 

 

09600HB5787ham001 - 37 - LRB096 16931 RLJ 39054 a

1 no more than one deputy chief position if the police department
2 has fewer than 25 full-time police officers and for no more
3 than 2 deputy chief positions if the police department has 25
4 or more full-time police officers. The deputy chief position
5 shall be an exempt rank immediately below that of Chief. The
6 deputy chief may be appointed from any rank of sworn, full-time
7 officers of the municipality's police department, but must have
8 at least 5 years of full-time service as a police officer in
9 that department. A deputy chief shall serve at the discretion
10 of the Chief and, if removed from the position, shall revert to
11 the rank currently held, without regard as to whether a vacancy
12 exists in that rank. A deputy chief of police, having been
13 appointed from any rank of sworn full-time officers of that
14 municipality's police department, shall be permitted,
15 regardless of rank, to take promotional exams and be promoted
16 to a higher classified rank than he currently holds, without
17 having to resign as deputy chief of police.
18     No municipality having a population less than 1,000,000
19 shall require that any firefighter appointed to the lowest rank
20 serve a probationary employment period of longer than one year.
21 The limitation on periods of probationary employment provided
22 in this amendatory Act of 1989 is an exclusive power and
23 function of the State. Pursuant to subsection (h) of Section 6
24 of Article VII of the Illinois Constitution, a home rule
25 municipality having a population less than 1,000,000 must
26 comply with this limitation on periods of probationary

 

 

09600HB5787ham001 - 38 - LRB096 16931 RLJ 39054 a

1 employment, which is a denial and limitation of home rule
2 powers. Notwithstanding anything to the contrary in this
3 Section, the probationary employment period limitation may be
4 extended for a firefighter who is required, as a condition of
5 employment, to be a certified paramedic, during which time the
6 sole reason that a firefighter may be discharged without a
7 hearing is for failing to meet the requirements for paramedic
8 certification.
9     To the extent that this Section or any other Section in
10 this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4,
11 then Section 10-2.1-6.3 or 10-2.1-6.4 shall control.
12 (Source: P.A. 94-135, eff. 7-7-05; 94-984, eff. 6-30-06;
13 95-490, eff. 6-1-08.)
 
14     (65 ILCS 5/10-2.1-6.3 new)
15     Sec. 10-2.1-6.3. Original appointments; full-time fire
16 department.
17     (a) Applicability. Unless a commission elects to follow the
18 provisions of Section 10-2.1-6.4, this Section shall apply to
19 all original appointments to an affected full-time fire
20 department. Existing registers of eligibles shall continue to
21 be valid until their expiration dates, or up to a maximum of 2
22 years after the effective date of this amendatory Act of the
23 96th General Assembly.
24     Notwithstanding any statute, ordinance, rule, or other law
25 to the contrary, all original appointments to an affected

 

 

09600HB5787ham001 - 39 - LRB096 16931 RLJ 39054 a

1 department to which this Section applies shall be administered
2 in the manner provided for in this Section. Provisions of the
3 Illinois Municipal Code, municipal ordinances, and rules
4 adopted pursuant to such authority and other laws relating to
5 initial hiring of firefighters in affected departments shall
6 continue to apply to the extent they are compatible with this
7 Section, but in the event of a conflict between this Section
8 and any other law, this Section shall control.
9     A home rule or non-home rule municipality may not
10 administer its fire department process for original
11 appointments in a manner that is inconsistent with this
12 Section. This Section is a limitation under subsection (i) of
13 Section 6 of Article VII of the Illinois Constitution on the
14 concurrent exercise by home rule units of the powers and
15 functions exercised by the State.
16     (b) Original appointments. All original appointments made
17 to an affected fire department shall be made from a register of
18 eligibles established in accordance with the processes
19 established by this Section. Only persons who meet or exceed
20 the performance standards required by this Section shall be
21 placed on a register of eligibles for original appointment to
22 an affected fire department.
23     Whenever an appointing authority authorizes action to hire
24 a person to perform the duties of a firefighter or to hire a
25 firefighter-paramedic to fill a position that is a new position
26 or vacancy due to resignation, discharge, promotion, death, the

 

 

09600HB5787ham001 - 40 - LRB096 16931 RLJ 39054 a

1 granting of a disability or retirement pension, or any other
2 cause, the appointing authority shall appoint to that position
3 the person with the highest ranking on the final eligibility
4 list, except that the appointing authority shall have the right
5 to pass over that person and appoint the next highest ranked
6 person on the list if the appointing authority has reason to
7 conclude that the highest ranked person fails to meet the
8 minimum standards for the position.
9     Any candidate may pass on an appointment once without
10 losing his or her position on the register of eligibles. Any
11 candidate who passes a second time shall be removed from the
12 list provided that such action shall not prejudice a person's
13 opportunities to participate in future examinations, including
14 an examination held during the time a candidate is already on
15 the municipality's register of eligibles.
16     The sole authority to issue certificates of appointment
17 shall be vested in the board of fire and police commissioners.
18 All certificates of appointment issued to any officer or member
19 of an affected department shall be signed by the chairperson
20 and secretary, respectively, of the board upon appointment of
21 such officer or member to the affected department by action of
22 the board. Each person who accepts a certificate of appointment
23 and successfully completes his or her probationary period shall
24 be enrolled as a firefighter and as a regular member of the
25 fire department.
26     For the purposes of this Section, "firefighter" means any

 

 

09600HB5787ham001 - 41 - LRB096 16931 RLJ 39054 a

1 person who has been prior to, on, or after the effective date
2 of this amendatory Act of the 96th General Assembly appointed
3 to a fire department or fire protection district or employed by
4 a State university and sworn or commissioned to perform
5 firefighter duties or paramedic duties, or both, except that
6 the following persons are not included: part-time
7 firefighters; auxiliary, reserve, or voluntary firefighters,
8 including paid-on-call firefighters; clerks and dispatchers or
9 other civilian employees of a fire department or fire
10 protection district who are not routinely expected to perform
11 firefighter duties; and elected officials.
12     (c) Qualification for placement on register of eligibles.
13 The purpose of establishing a register of eligibles is to
14 identify applicants who possess and demonstrate the mental
15 aptitude and physical ability to perform the duties required of
16 members of the fire department in order to provide the highest
17 quality of service to the public. To this end, all applicants
18 for original appointment to an affected fire department shall
19 be subject to examination and testing which shall be public,
20 competitive, and open to all applicants unless the municipality
21 shall by ordinance limit applicants to residents of the
22 municipality, county, State, or nation. Municipalities may
23 establish educational, emergency medical service licensure,
24 and other pre-requisites for participation in an examination or
25 for hire as a firefighter. Any fee to cover the costs of the
26 application process shall not exceed $25.

 

 

09600HB5787ham001 - 42 - LRB096 16931 RLJ 39054 a

1     Residency requirements in effect at the time an individual
2 enters the fire service of a municipality (other than a
3 municipality that has more than 1,000,000 inhabitants) cannot
4 be made more restrictive for that individual during his or her
5 period of service for that municipality, or be made a condition
6 of promotion, except for the rank or position of fire chief and
7 for no more than 2 positions that rank immediately below that
8 of the chief rank which are appointed positions pursuant to the
9 Fire Department Promotion Act.
10     No person who is 35 years of age or older shall be eligible
11 to take an examination for a position as a firefighter unless
12 the person has had previous employment status as a firefighter
13 in the regularly constituted fire department of the
14 municipality, except as provided in this Section. The age
15 limitation does not apply to:
16         (1) any person previously employed as a full-time
17     firefighter in a regularly constituted fire department of
18     (i) any municipality or fire protection district,
19     regardless of whether the municipality or fire protection
20     district is located in Illinois or in another state, (ii) a
21     fire protection district whose obligations were assumed by
22     a municipality under Section 21 of the Fire Protection
23     District Act, or (iii) a municipality whose obligations
24     were taken over by a fire protection district, or
25         (2) any person who has served a municipality as a
26     regularly enrolled volunteer, paid-on-call, or part-time

 

 

09600HB5787ham001 - 43 - LRB096 16931 RLJ 39054 a

1     firefighter for the 5 years immediately preceding the time
2     that the municipality begins to use full-time firefighters
3     to provide all or part of its fire protection service.
4     No person who is under 21 years of age shall be eligible
5 for employment as a firefighter.
6     No applicant shall be examined concerning his or her
7 political or religious opinions or affiliations. The
8 examinations shall be conducted by the commissioners of the
9 municipality or their designees and agents.
10     No municipality having a population of less than 1,000,000
11 shall require that any firefighter appointed to the lowest rank
12 serve a probationary employment period of longer than one year
13 of actual active employment, which may exclude periods of
14 training, or injury or illness leaves, including duty related
15 leave, in excess of 30 calendar days. Notwithstanding anything
16 to the contrary in this Section, the probationary employment
17 period limitation may be extended for a firefighter who is
18 required, as a condition of employment, to be a certified
19 paramedic, during which time the sole reason that a firefighter
20 may be discharged without a hearing is for failing to meet the
21 requirements for paramedic certification.
22     In the event that any applicant who has been found eligible
23 for appointment and whose name has been placed upon the final
24 eligibility register provided for in this Section has not been
25 appointed to a firefighter position within one year after the
26 date of his or her physical ability examination, the commission

 

 

09600HB5787ham001 - 44 - LRB096 16931 RLJ 39054 a

1 may cause a second examination to be made of that applicant's
2 physical ability prior to his or her appointment. If, after the
3 second examination, the physical ability of the applicant shall
4 be found to be less than the minimum standard fixed by the
5 rules of the commission, the applicant shall not be appointed.
6 The applicant's name shall be retained upon the register of
7 candidates eligible for appointment and when next reached for
8 certification and appointment that applicant shall be again
9 examined as provided in this Section, and if the physical
10 ability of that applicant is found to be less than the minimum
11 standard fixed by the rules of the commission, the applicant
12 shall not be appointed, and the name of the applicant shall be
13 removed from the register.
14     (d) Notice, examination, and testing components. Notice of
15 the time, place, general scope, and fee of every examination
16 shall be given by the commission, by a publication at least 2
17 weeks preceding the examination, in one or more newspapers
18 published in the municipality, or if no newspaper is published
19 therein, then in one or more newspapers with a general
20 circulation within the municipality. Additional notice of the
21 examination may be given as the commission shall prescribe.
22     The examination and qualifying standards for employment of
23 firefighters shall be based on: mental aptitude, physical
24 ability, preferences, moral character, and health. The mental
25 aptitude, physical ability, and preference components shall
26 determine an applicant's qualification for and placement on the

 

 

09600HB5787ham001 - 45 - LRB096 16931 RLJ 39054 a

1 final register of eligibles. The examination may also include a
2 subjective component including without limitation an oral
3 interview or an assessment center exercise.
4     (e) Mental aptitude. No person who does not possess at
5 least a high school diploma or an equivalent high school
6 education shall be placed on a register of eligibles.
7 Examination of an applicant's mental aptitude shall be based
8 upon a written examination. The examination shall be practical
9 in character and relate to those matters that fairly test the
10 capacity of the persons examined to discharge the duties
11 performed by members of a fire department. Written examinations
12 shall be administered in a manner that ensures the security and
13 accuracy of the scores achieved.
14     (f) Physical ability. All candidates shall be required to
15 undergo an examination of their physical ability to perform the
16 essential functions included in the duties they may be called
17 upon to perform as a member of a fire department. For the
18 purposes of this Section, essential functions of the job are
19 functions associated with duties that a firefighter may be
20 called upon to perform in response to emergency calls. The
21 frequency of the occurrence of those duties as part of the fire
22 department's regular routine shall not be a controlling factor
23 in the design of examination criteria or evolutions selected
24 for testing. These physical examinations shall be open,
25 competitive, and based on industry standards designed to test
26 each applicant's physical abilities in the following

 

 

09600HB5787ham001 - 46 - LRB096 16931 RLJ 39054 a

1 dimensions (or a similar test designed to ensure that the
2 successful candidates are able to perform the essential
3 functions of the firefighter's job description):
4         (1) Muscular strength to perform tasks and evolutions
5     that may be required in the performance of duties including
6     grip strength, leg strength, and arm strength. Tests shall
7     be conducted under anaerobic as well as aerobic conditions
8     to test both the candidate's speed and endurance in
9     performing tasks and evolutions. Tasks tested may be based
10     on standards developed, or approved, by the local
11     appointing authority.
12         (2) The ability to climb ladders, operate from heights,
13     walk or crawl in the dark along narrow and uneven surfaces,
14     and operate in proximity to hazardous environments.
15         (3) The ability to carry out critical, time-sensitive,
16     and complex problem solving during physical exertion in
17     stressful and hazardous environments, including hot, dark,
18     tightly enclosed spaces, that is further aggravated by
19     fatigue, flashing lights, sirens, and other distractions.
20     Physical ability examinations administered under this
21 Section shall be conducted with a reasonable number of proctors
22 and monitors, open to the public, and subject to reasonable
23 regulations of the commission.
24     (g) Scoring of examination components. The examination
25 components shall be graded on a 100-point scale. A person's
26 position on the list shall be determined by the following: (i)

 

 

09600HB5787ham001 - 47 - LRB096 16931 RLJ 39054 a

1 the person's score on the written examination, (ii) the person
2 successfully passing the physical ability component, and (iii)
3 the addition of any applicable preference points.
4     Applicants who pass both the written examination and the
5 physical ability examination shall be placed on the initial
6 eligibility register. The passing score for each of these test
7 components shall be determined by calculating a mean score for
8 all applicants participating in each test. In order to qualify
9 for placement on the final eligibility register, an applicant's
10 total score, including any applicable preference points, shall
11 be at or above the mean score plus 10%.
12     The commission shall prepare and keep a register of persons
13 whose total score is not less than the minimum fixed by this
14 Section. These persons shall take rank upon the register as
15 candidates in the order of their relative excellence based on
16 the highest to the lowest total points scored on the mental
17 aptitude, physical ability, and preference components of the
18 test administered in accordance with this Section. No more than
19 60 days after each examination, an initial eligibility list
20 shall be posted by the commission. The list shall include the
21 final grades of the candidates without reference to priority of
22 the time of examination and subject to claim for preference
23 credit.
24     Commissions may conduct additional examinations, including
25 without limitation a polygraph test, after a final eligibility
26 register is established and before it expires with the

 

 

09600HB5787ham001 - 48 - LRB096 16931 RLJ 39054 a

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

 

 

09600HB5787ham001 - 49 - LRB096 16931 RLJ 39054 a

1     preferred for appointment to and employment with the fire
2     department.
3         (4) Paramedic preference. Persons who have obtained
4     certification as an Emergency Medical Technician-Paramedic
5     (EMT-P) shall be preferred for appointment to and
6     employment with the fire department of an affected
7     department providing emergency medical services.
8         (5) Experience preference. All persons employed by a
9     municipality who have been paid-on-call or part-time
10     certified Firefighter II, State of Illinois or nationally
11     licensed EMT-B or EMT-I, or any combination of those
12     capacities shall be awarded 0.5 point for each year of
13     successful service in one or more of those capacities, up
14     to a maximum of 5 points. Certified Firefighter III and
15     State of Illinois or nationally licensed paramedics shall
16     be awarded one point per year up to a maximum of 5 points.
17     Applicants from outside the municipality who were employed
18     as full-time firefighters or firefighter-paramedics by a
19     fire protection district or another municipality for at
20     least 2 years shall have the same preference as
21     paid-on-call or part-time personnel. These additional
22     points presuppose a rating scale totaling 100 points
23     available for the eligibility list. If more or fewer points
24     are used in the rating scale for the eligibility list, the
25     points awarded under this subsection shall be increased or
26     decreased by a factor equal to the total possible points

 

 

09600HB5787ham001 - 50 - LRB096 16931 RLJ 39054 a

1     available for the examination divided by 100.
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         Upon request by the commission, the governing body of
7     the municipality or in the case of applicants from outside
8     the municipality the governing body of any fire protection
9     district or any other municipality shall certify to the
10     commission, within 10 days after the request, the number of
11     years of successful paid-on-call, part-time, or full-time
12     service of any person. A candidate may not receive the full
13     amount of preference points under this subsection if the
14     amount of points awarded would place the candidate before a
15     veteran on the eligibility list. If more than one candidate
16     receiving experience preference points is prevented from
17     receiving all of their points due to not being allowed to
18     pass a veteran, the candidates shall be placed on the list
19     below the veteran in rank order based on the totals
20     received if all points under this subsection were to be
21     awarded. Any remaining ties on the list shall be determined
22     by lot.
23         (7) Scoring of preferences. Preference points shall be
24     awarded in the order listed in items (1) through (6). The
25     commission shall give preference for original appointment
26     to persons designated in items (1) through (4) and item (6)

 

 

09600HB5787ham001 - 51 - LRB096 16931 RLJ 39054 a

1     by adding to the final grade which they receive 5 points
2     for each recognized preference achieved. Experience
3     preference of up to 5 points shall then be added in
4     accordance with item (5). The numerical result thus
5     attained shall be applied by the commission in determining
6     the final eligibility list and appointment from such
7     eligibility list.
8     No person entitled to any preference shall be required to
9 claim the credit before any examination held under the
10 provisions of this Section, but the preference shall be given
11 after the posting or publication of the initial eligibility
12 list or register at the request of a person entitled to a
13 credit before any certification or appointments are made from
14 the eligibility register, upon the furnishing of verifiable
15 evidence and proof of qualifying preference credit. Candidates
16 who are eligible for preference credit shall make a claim in
17 writing within 10 days after the posting of the initial
18 eligibility list, or the claim shall be deemed waived. Final
19 eligibility registers shall be established after the awarding
20 of verified preference points, and appointment from the final
21 register shall be subject to the applicant passing the
22 qualifying standards for moral character and health. All
23 employment shall be subject to the commission's initial hire
24 background review including criminal history, employment
25 history, moral character, oral examination, and medical
26 examinations, all on a pass-fail basis. The medical

 

 

09600HB5787ham001 - 52 - LRB096 16931 RLJ 39054 a

1 examinations must be conducted last, and may only be performed
2 after a conditional offer of employment has been extended.
3     Any person placed on an eligibility list who exceeds the
4 age requirement before being appointed to a fire department
5 shall remain eligible for appointment until the list is
6 abolished, or his or her name has been on the list for a period
7 of 2 years. No person who has attained the age of 35 years
8 shall be inducted into a fire department, except as otherwise
9 provided in this Section.
10     The commission shall strike off the names of candidates for
11 original appointment after the names have been on the list for
12 more than 2 years.
13     (i) Moral character. No person shall be appointed to a fire
14 department unless he or she is a person of good character; not
15 a habitual drunkard, a gambler, or a person who has been
16 convicted of a felony or a crime involving moral turpitude.
17 However, no person shall be disqualified from appointment to
18 the fire department because of the person's record of
19 misdemeanor convictions except those under Sections 11-6,
20 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
21 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
22 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
23 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or
24 arrest for any cause without conviction thereon. Any such
25 person who is in the department may be removed on charges
26 brought for violating this subsection and after a trial as

 

 

09600HB5787ham001 - 53 - LRB096 16931 RLJ 39054 a

1 hereinafter provided.
2     A classifiable set of the fingerprints of every person who
3 is offered employment as a certificated member of an affected
4 fire department whether with or without compensation, shall be
5 furnished to the Illinois Department of State Police and to the
6 Federal Bureau of Investigation by the commission.
7     Whenever a commission is authorized or required by law to
8 consider some aspect of criminal history record information for
9 the purpose of carrying out its statutory powers and
10 responsibilities, then, upon request and payment of fees in
11 conformance with the requirements of Section 2605-400 of the
12 State Police Law of the Civil Administrative Code of Illinois,
13 the Department of State Police is authorized to furnish,
14 pursuant to positive identification, the information contained
15 in State files as is necessary to fulfill the request.
16     (j) Temporary appointments. In order to prevent a stoppage
17 of public business, to meet extraordinary exigencies, or to
18 prevent material impairment of the fire department, the
19 commission may make temporary appointments, to remain in force
20 only until regular appointments are made under the provisions
21 of this Division, but never to exceed 60 days. No temporary
22 appointment of any one person shall be made more than twice in
23 any calendar year.
24     (k) A person who knowingly divulges or receives test
25 questions or answers before a written examination, or otherwise
26 knowingly violates or subverts any requirement of this Section,

 

 

09600HB5787ham001 - 54 - LRB096 16931 RLJ 39054 a

1 commits a violation of this Section and may be subject to
2 charges for official misconduct.
3     A person who is the knowing recipient of test information
4 in advance of the examination shall be disqualified from the
5 examination or discharged from the position to which he or she
6 was appointed, as applicable, and otherwise subjected to
7 disciplinary actions.
 
8     (65 ILCS 5/10-2.1-6.4 new)
9     Sec. 10-2.1-6.4. Alternative procedure; original
10 appointment; full-time firefighter.
11     (a) Authority. The Joint Labor and Management Committee
12 (JLMC), as defined in Section 50 of the Fire Department
13 Promotion Act, may establish a community outreach program to
14 market the profession of firefighter and firefighter-paramedic
15 so as to ensure the pool of applicants recruited is of broad
16 diversity and the highest quality.
17     For the purposes of this Section, "firefighter" means any
18 person who has been prior to, on, or after the effective date
19 of this amendatory Act of the 96th General Assembly appointed
20 to a fire department or fire protection district or employed by
21 a State university and sworn or commissioned to perform
22 firefighter duties or paramedic duties, or both, except that
23 the following persons are not included: part-time
24 firefighters; auxiliary, reserve, or voluntary firefighters,
25 including paid-on-call firefighters; clerks and dispatchers or

 

 

09600HB5787ham001 - 55 - LRB096 16931 RLJ 39054 a

1 other civilian employees of a fire department or fire
2 protection district who are not routinely expected to perform
3 firefighter duties; and elected officials.
4     (b) Eligibility. Persons eligible for placement on the
5 master register of eligibles shall consist of the following:
6         Persons who have participated in and received a passing
7     total score on the mental aptitude, physical ability, and
8     preference components of a regionally administered test
9     based on the standards described in this Section. The
10     standards for administering these tests and the minimum
11     passing score required for placement on this list shall be
12     as is set forth in this Section.
13         Qualified candidates shall be listed on the master
14     register of eligibles in highest to lowest rank order based
15     upon their test scores without regard to their date of
16     examination. Candidates listed on the master register of
17     eligibles shall be eligible for appointment for 3 years
18     after the date of the certification of their final score on
19     the register without regard to the date of their
20     examination. After 3 years, the candidate's name shall be
21     struck from the list.
22         Any person currently employed as a full-time member of
23     a fire department or any person who has experienced a
24     non–voluntary (and non-disciplinary) separation from the
25     active workforce due to a reduction in the number of
26     departmental officers, who was appointed pursuant to

 

 

09600HB5787ham001 - 56 - LRB096 16931 RLJ 39054 a

1     Division 1 of Article 10 of the Illinois Municipal Code,
2     Division 2.1 of Article 10 of the Illinois Municipal Code,
3     or the Fire Protection District Act, and who during the
4     previous 12 months participated in and received a passing
5     score on the physical ability component of the test may
6     request that his or her name be added to the master
7     register. Any eligible person may be offered employment by
8     a local commission under the same procedures as provided by
9     this Section except that the apprenticeship period may be
10     waived and the applicant may be immediately issued a
11     certificate of original appointment by the local
12     commission.
13     (c) Qualifications for placement on register of eligibles.
14 The purpose for establishing a master register of eligibles
15 shall be to identify applicants who possess and demonstrate the
16 mental aptitude and physical ability to perform the duties
17 required of members of the fire department in order to provide
18 the highest quality of service to the public. To this end, all
19 applicants for original appointment to an affected fire
20 department through examination conducted by the Joint Labor and
21 Management Committee (JLMC) shall be subject to examination and
22 testing which shall be public, competitive, and open to all
23 applicants. Any subjective component of the testing must be
24 administered by certified assessors. All qualifying and
25 disqualifying factors applicable to examination processes for
26 local commissions in this amendatory Act of the 96th General

 

 

09600HB5787ham001 - 57 - LRB096 16931 RLJ 39054 a

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

 

 

09600HB5787ham001 - 58 - LRB096 16931 RLJ 39054 a

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

 

 

09600HB5787ham001 - 59 - LRB096 16931 RLJ 39054 a

1 successful candidates are able to perform the essential
2 functions of a firefighter's job description):
3         (1) Muscular strength to perform tasks and evolutions
4     that may be required in the performance of duties including
5     grip strength, leg strength, and arm strength. Tests shall
6     be conducted under anaerobic as well as aerobic conditions
7     to test both the candidate's speed and endurance in
8     performing tasks and evolutions. Tasks tested are to be
9     based on industry standards developed by the JLMC by rule.
10         (2) The ability to climb ladders, operate from heights,
11     walk or crawl in the dark along narrow and uneven surfaces,
12     and operate in proximity to hazardous environments.
13         (3) The ability to carry out critical, time-sensitive,
14     and complex problem solving during physical exertion in
15     stressful and hazardous environments, including hot, dark,
16     tightly enclosed spaces, that is further aggravated by
17     fatigue, flashing lights, sirens, and other distractions.
18     (g) Scoring of examination components. The examination
19 components shall be graded on a 100-point scale. A person's
20 position on the master register of eligibles shall be
21 determined by the person's score on the written examination,
22 the person successfully passing the physical ability
23 component, and the addition of any applicable preference
24 points.
25     Applicants who have achieved at least the mean score of all
26 applicants participating in the written examination at the same

 

 

09600HB5787ham001 - 60 - LRB096 16931 RLJ 39054 a

1 time, and who successfully pass the physical ability
2 examination shall be placed on the initial eligibility
3 register. For placement on the final eligibility register, the
4 passing score shall be determined by (i) calculating the mean
5 score for all applicants participating in the written test; and
6 (ii) adding 20% to the mean score. Applicants whose total
7 scores, including any applicable preference points, are above
8 the mean score plus 20%, shall be placed on the master register
9 of eligibles by the JLMC.
10     These persons shall take rank upon the register as
11 candidates in the order of their relative excellence based on
12 the highest to the lowest total points scored on the mental
13 aptitude and physical ability components, plus any applicable
14 preference points requested and verified by the JLMC, or
15 approved testing agency.
16     No more than 60 days after each examination, a revised
17 master register of eligibles shall be posted by the JLMC
18 showing the final grades of the candidates without reference to
19 priority of time of examination.
20     (h) Preferences. The board shall give military, education,
21 and experience preference points to those who qualify for
22 placement on the master register of eligibles, on the same
23 basis as provided for examinations administered by a local
24 commission.
25     No person entitled to preference or credit shall be
26 required to claim the credit before any examination held under

 

 

09600HB5787ham001 - 61 - LRB096 16931 RLJ 39054 a

1 the provisions of this Section. The preference shall be given
2 after the posting or publication of the applicant's initial
3 score at the request of the person before finalizing the scores
4 from all applicants taking part in a JLMC examination.
5 Candidates who are eligible for preference credit shall make a
6 claim in writing within 10 days after the posting of the
7 initial scores from any JLMC test or the claim shall be deemed
8 waived. Once preference points are awarded, the candidates
9 shall be certified to the master register in accordance with
10 their final score including preference points.
11     (i) Firefighter apprentice and firefighter-paramedic
12 apprentice. The employment of an applicant to an apprentice
13 position (including a currently employed full-time member of a
14 fire department whose apprenticeship may be reduced or waived)
15 shall be subject to the applicant passing the moral character
16 standards and health examinations of the local commission. In
17 addition, a local commission may require as a condition of
18 employment that the applicant demonstrate current physical
19 ability by either passing the local commission's approved
20 physical ability examination, or by presenting proof of
21 participating in and receiving a passing score on the physical
22 ability component of a JLMC test within a period of up to 12
23 months before the date of the conditional offer of employment.
24 All offers of employment shall be subject to the local
25 commission's initial hire background review including criminal
26 history, employment history, moral character, oral

 

 

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1 examination, and medical examinations which may include
2 polygraph, psychological, and drug screening components, all
3 on a pass-fail basis. The medical examinations must be
4 conducted last, and may only be performed after a conditional
5 offer of employment has been extended.
6     (j) Selection from list. Any municipality or fire
7 protection district that is a party to an intergovernmental
8 agreement under the terms of which persons have been tested for
9 placement on the master register of eligibles shall be entitled
10 to offer employment to any person on the list irrespective of
11 their ranking on the list. The offer of employment shall be to
12 the position of firefighter apprentice or
13 firefighter-paramedic apprentice.
14     Applicants passing these tests may be employed as a
15 firefighter apprentice or a firefighter-paramedic apprentice
16 who shall serve an apprenticeship period of 12 months or less
17 according to the terms and conditions of employment as the
18 employing municipality or district offers, or as provided for
19 under the terms of any collective bargaining agreement then in
20 effect. The apprenticeship period is separate from the
21 probationary period.
22     Service during the apprenticeship period shall be on a
23 probationary basis. During the apprenticeship period, the
24 apprentice's training and performance shall be monitored and
25 evaluated by a Joint Apprenticeship Committee.
26     The Joint Apprenticeship Committee shall consist of 4

 

 

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

 

 

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1 Apprenticeship Committee affirmatively vote to retain the
2 apprentice (if a 2 member Joint Apprenticeship Committee
3 exists, then both members must affirmatively vote to retain the
4 apprentice), the local commission shall issue the apprentice a
5 certificate of original appointment to the fire department.
6     (k) A person who knowingly divulges or receives test
7 questions or answers before a written examination, or otherwise
8 knowingly violates or subverts any requirement of this Section,
9 commits a violation of this Section and may be subject to
10 charges for official misconduct.
11     A person who is the knowing recipient of test information
12 in advance of the examination shall be disqualified from the
13 examination or discharged from the position to which he or she
14 was appointed, as applicable, and otherwise subjected to
15 disciplinary actions.
 
16     Section 10. The Fire Protection District Act is amended by
17 changing Section 16.04a and by adding Sections 16.06b and
18 16.06c as follows:
 
19     (70 ILCS 705/16.04a)  (from Ch. 127 1/2, par. 37.04a)
20     Sec. 16.04a. The board of fire commissioners shall appoint
21 all officers and members of the fire departments of the
22 district, except the Chief of the fire department. The board of
23 trustees shall appoint the Chief of the fire department, who
24 shall serve at the pleasure of the board, and may enter into a

 

 

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1 multi-year contract not exceeding 3 years with the Chief.
2     If a member of the department is appointed Chief of the
3 fire department prior to being eligible to retire on pension he
4 shall be considered as on furlough from the rank he held
5 immediately prior to his appointment as Chief. If he resigns as
6 Chief or is discharged as Chief prior to attaining eligibility
7 to retire on pension, he shall revert to and be established in
8 such prior rank, and thereafter be entitled to all the benefits
9 and emoluments of such prior rank, without regard as to whether
10 a vacancy then exists in such rank. In such instances, the
11 Chief shall be deemed to have continued to accrue seniority in
12 the department during his period of service as Chief, or time
13 in grade in his former rank to which he shall revert during his
14 period of service as Chief, except solely for purposes of any
15 layoff as provided in Section 16.13b hereafter.
16     All appointments to each department other than that of the
17 lowest rank, however, shall be from the rank next below that to
18 which the appointment is made, except that the Chief of the
19 fire department may be appointed from among members of the fire
20 department, regardless of rank.
21     The sole authority to issue certificates of appointment
22 shall be vested in the board of fire commissioners and all
23 certificates of appointments issued to any officer or member of
24 the fire department shall be signed by the chairman and
25 secretary respectively of the board of fire commissioners upon
26 appointment of such officer or member of the fire department by

 

 

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1 action of the board of fire commissioners.
2     To the extent that this Section or any other Section in
3 this Act conflicts with Section 16.06b or 16.06c, then Section
4 16.06b or 16.06c shall control.
5 (Source: P.A. 91-948, eff. 1-1-02.)
 
6     (70 ILCS 705/16.06b new)
7     Sec. 16.06b. Original appointments; full-time fire
8 department.
9     (a) Applicability. Unless a commission elects to follow the
10 provisions of Section 16.06c, this Section shall apply to all
11 original appointments to an affected full-time fire
12 department. Existing registers of eligibles shall continue to
13 be valid until their expiration dates, or up to a maximum of 2
14 years after the effective date of this amendatory Act of the
15 96th General Assembly.
16     Notwithstanding any statute, ordinance, rule, or other law
17 to the contrary, all original appointments to an affected
18 department to which this Section applies shall be administered
19 in the manner provided for in this Section. Provisions of the
20 Illinois Municipal Code, Fire Protection District Act, fire
21 district ordinances, and rules adopted pursuant to such
22 authority and other laws relating to initial hiring of
23 firefighters in affected departments shall continue to apply to
24 the extent they are compatible with this Section, but in the
25 event of a conflict between this Section and any other law,

 

 

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1 this Section shall control.
2     (b) Original appointments. All original appointments made
3 to an affected fire department shall be made from a register of
4 eligibles established in accordance with the processes
5 required by this Section. Only persons who meet or exceed the
6 performance standards required by the Section shall be placed
7 on a register of eligibles for original appointment to an
8 affected fire department.
9     Whenever an appointing authority authorizes action to hire
10 a person to perform the duties of a firefighter or to hire a
11 firefighter-paramedic to fill a position that is a new position
12 or vacancy due to resignation, discharge, promotion, death, the
13 granting of a disability or retirement pension, or any other
14 cause, the appointing authority shall appoint to that position
15 the person with the highest ranking on the final eligibility
16 list, except that the appointing authority shall have the right
17 to pass over that person and appoint the next highest ranked
18 person on the list if the appointing authority has reason to
19 conclude that the highest ranked person fails to meet the
20 minimum standards for the position.
21     Any candidate may pass on an appointment once without
22 losing his or her position on the register of eligibles. Any
23 candidate who passes a second time shall be removed from the
24 list provided that such action shall not prejudice a person's
25 opportunities to participate in future examinations, including
26 an examination held during the time a candidate is already on

 

 

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1 the fire district's register of eligibles.
2     The sole authority to issue certificates of appointment
3 shall be vested in the board of fire commissioners, or board of
4 trustees serving in the capacity of a board of fire
5 commissioners. All certificates of appointment issued to any
6 officer or member of an affected department shall be signed by
7 the chairperson and secretary, respectively, of the commission
8 upon appointment of such officer or member to the affected
9 department by action of the commission. Each person who accepts
10 a certificate of appointment and successfully completes his or
11 her probationary period shall be enrolled as a firefighter and
12 as a regular member of the fire department.
13     For the purposes of this Section, "firefighter" means any
14 person who has been prior to, on, or after the effective date
15 of this amendatory Act of the 96th General Assembly appointed
16 to a fire department or fire protection district or employed by
17 a State university and sworn or commissioned to perform
18 firefighter duties or paramedic duties, or both, except that
19 the following persons are not included: part-time
20 firefighters; auxiliary, reserve, or voluntary firefighters,
21 including paid-on-call firefighters; clerks and dispatchers or
22 other civilian employees of a fire department or fire
23 protection district who are not routinely expected to perform
24 firefighter duties; and elected officials.
25     (c) Qualification for placement on register of eligibles.
26 The purpose of establishing a register of eligibles is to

 

 

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1 identify applicants who possess and demonstrate the mental
2 aptitude and physical ability to perform the duties required of
3 members of the fire department in order to provide the highest
4 quality of service to the public. To this end, all applicants
5 for original appointment to an affected fire department shall
6 be subject to examination and testing which shall be public,
7 competitive, and open to all applicants unless the district
8 shall by ordinance limit applicants to residents of the
9 district, county, State, or nation. Districts may establish
10 educational, emergency medical service licensure, and other
11 pre-requisites for participation in an examination or for hire
12 as a firefighter. Any fee to cover the costs of the application
13 process shall not exceed $25.
14     Residency requirements in effect at the time an individual
15 enters the fire service of a district cannot be made more
16 restrictive for that individual during his or her period of
17 service for that district, or be made a condition of promotion,
18 except for the rank or position of fire chief and for no more
19 than 2 positions that rank immediately below that of the chief
20 rank which are appointed positions pursuant to the Fire
21 Department Promotion Act.
22     No person who is 35 years of age or older shall be eligible
23 to take an examination for a position as a firefighter unless
24 the person has had previous employment status as a firefighter
25 in the regularly constituted fire department of the district,
26 except as provided in this Section. The age limitation does not

 

 

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1 apply to:
2         (1) any person previously employed as a full-time
3     firefighter in a regularly constituted fire department of
4     (i) any municipality or fire protection district,
5     regardless of whether the municipality or fire protection
6     district is located in Illinois or in another state, (ii) a
7     fire protection district whose obligations were assumed by
8     a municipality under Section 21 of the Fire Protection
9     District Act, or (iii) a municipality whose obligations
10     were taken over by a fire protection district, or
11         (2) any person who has served a fire district as a
12     regularly enrolled volunteer, paid-on-call, or part-time
13     firefighter for the 5 years immediately preceding the time
14     that the district begins to use full-time firefighters to
15     provide all or part of its fire protection service.
16     No person who is under 21 years of age shall be eligible
17 for employment as a firefighter.
18     No applicant shall be examined concerning his or her
19 political or religious opinions or affiliations. The
20 examinations shall be conducted by the commissioners of the
21 district or their designees and agents.
22     No district shall require that any firefighter appointed to
23 the lowest rank serve a probationary employment period of
24 longer than one year of actual active employment, which may
25 exclude periods of training, or injury or illness leaves,
26 including duty related leave, in excess of 30 calendar days.

 

 

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

 

 

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1 shall be given by the commission, by a publication at least 2
2 weeks preceding the examination, in one or more newspapers
3 published in the district, or if no newspaper is published
4 therein, then in one or more newspapers with a general
5 circulation within the district. Additional notice of the
6 examination may be given as the commission shall prescribe.
7     The examination and qualifying standards for employment of
8 firefighters shall be based on: mental aptitude, physical
9 ability, preferences, moral character, and health. The mental
10 aptitude, physical ability, and preference components shall
11 determine an applicant's qualification for and placement on the
12 final register of eligibles. The examination may also include a
13 subjective component including without limitation an oral
14 interview or an assessment center exercise.
15     (e) Mental aptitude. No person who does not possess at
16 least a high school diploma or an equivalent high school
17 education shall be placed on a register of eligibles.
18 Examination of an applicant's mental aptitude shall be based
19 upon a written examination. The examination shall be practical
20 in character and relate to those matters that fairly test the
21 capacity of the persons examined to discharge the duties
22 performed by members of a fire department. Written examinations
23 shall be administered in a manner that ensures the security and
24 accuracy of the scores achieved.
25     (f) Physical ability. All candidates shall be required to
26 undergo an examination of their physical ability to perform the

 

 

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

 

 

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1     and complex problem solving during physical exertion in
2     stressful and hazardous environments, including hot, dark,
3     tightly enclosed spaces, that is further aggravated by
4     fatigue, flashing lights, sirens, and other distractions.
5     Physical ability examinations administered under this
6 Section shall be conducted with a reasonable number of proctors
7 and monitors, open to the public, and subject to reasonable
8 regulations of the commission.
9     (g) Scoring of examination components. The examination
10 components shall be graded on a 100-point scale. A person's
11 position on the list shall be determined by the following: (i)
12 the person's score on the written examination, (ii) the person
13 successfully passing the physical ability component, and (iii)
14 the addition of any applicable preference points.
15     Applicants who pass both the written examination and the
16 physical ability examination shall be placed on the initial
17 eligibility register. The passing score for each of these test
18 components shall be determined by calculating a mean score for
19 all applicants participating in each test. In order to qualify
20 for placement on the final eligibility register, an applicant's
21 total score, including any applicable preference points, shall
22 be at or above the mean score plus 10%.
23     The commission shall prepare and keep a register of persons
24 whose total score is not less than the minimum fixed by this
25 Section. These persons shall take rank upon the register as
26 candidates in the order of their relative excellence based on

 

 

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

 

 

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

 

 

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1     awarded one point per year up to a maximum of 5 points.
2     Applicants from outside the district who were employed as
3     full-time firefighters or firefighter-paramedics by a fire
4     protection district or municipality for at least 2 years
5     shall have the same preference as paid-on-call or part-time
6     personnel. These additional points presuppose a rating
7     scale totaling 100 points available for the eligibility
8     list. If more or fewer points are used in the rating scale
9     for the eligibility list, the points awarded under this
10     subsection shall be increased or decreased by a factor
11     equal to the total possible points available for the
12     examination divided by 100.
13         (6) Residency preference. Applicants whose principal
14     residence is located within the fire department's
15     jurisdiction shall be preferred for appointment to and
16     employment with the fire department.
17         Upon request by the commission, the governing body of
18     the district or in the case of applicants from outside the
19     district the governing body of any other fire protection
20     district or any municipality shall certify to the
21     commission, within 10 days after the request, the number of
22     years of successful paid-on-call, part-time, or full-time
23     service of any person. A candidate may not receive the full
24     amount of preference points under this subsection if the
25     amount of points awarded would place the candidate before a
26     veteran on the eligibility list. If more than one candidate

 

 

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1     receiving experience preference points is prevented from
2     receiving all of their points due to not being allowed to
3     pass a veteran, the candidates shall be placed on the list
4     below the veteran in rank order based on the totals
5     received if all points under this subsection were to be
6     awarded. Any remaining ties on the list shall be determined
7     by lot.
8         (7) Scoring of preferences. Preference points shall be
9     awarded in the order listed in items (1) through (6). The
10     commission shall give preference for original appointment
11     to persons designated in items (1) through (4) and item (6)
12     by adding to the final grade which they receive 5 points
13     for each recognized preference achieved. Experience
14     preference of up to 5 points shall then be added in
15     accordance with item (5). The numerical result thus
16     attained shall be applied by the commission in determining
17     the final eligibility list and appointment from such
18     eligibility list.
19     No person entitled to any preference shall be required to
20 claim the credit before any examination held under the
21 provisions of this Section, but the preference shall be given
22 after the posting or publication of the initial eligibility
23 list or register at the request of a person entitled to a
24 credit before any certification or appointments are made from
25 the eligibility register, upon the furnishing of verifiable
26 evidence and proof of qualifying preference credit. Candidates

 

 

09600HB5787ham001 - 79 - LRB096 16931 RLJ 39054 a

1 who are eligible for preference credit shall make a claim in
2 writing within 10 days after the posting of the initial
3 eligibility list, or the claim shall be deemed waived. Final
4 eligibility registers shall be established after the awarding
5 of verified preference points, and appointment from the final
6 register shall be subject to the applicant passing the
7 qualifying standards for moral character and health. All
8 employment shall be subject to the commission's initial hire
9 background review including criminal history, employment
10 history, moral character, oral examination, and medical
11 examinations, all on a pass-fail basis. The medical
12 examinations must be conducted last, and may only be performed
13 after a conditional offer of employment has been extended.
14     Any person placed on an eligibility list who exceeds the
15 age requirement before being appointed to a fire department
16 shall remain eligible for appointment until the list is
17 abolished, or his or her name has been on the list for a period
18 of 2 years. No person who has attained the age of 35 years
19 shall be inducted into a fire department, except as otherwise
20 provided in this Section.
21     The commission shall strike off the names of candidates for
22 original appointment after the names have been on the list for
23 more than 2 years.
24     (i) Moral character. No person shall be appointed to a fire
25 department unless he or she is a person of good character; not
26 a habitual drunkard, a gambler, or a person who has been

 

 

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1 convicted of a felony or a crime involving moral turpitude.
2 However, no person shall be disqualified from appointment to
3 the fire department because of the person's record of
4 misdemeanor convictions except those under Sections 11-6,
5 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
6 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
7 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
8 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or
9 arrest for any cause without conviction thereon. Any such
10 person who is in the department may be removed on charges
11 brought for violating this subsection and after a trial as
12 hereinafter provided.
13     A classifiable set of the fingerprints of every person who
14 is offered employment as a certificated member of an affected
15 fire department whether with or without compensation, shall be
16 furnished to the Illinois Department of State Police and to the
17 Federal Bureau of Investigation by the commission.
18     Whenever a commission is authorized or required by law to
19 consider some aspect of criminal history record information for
20 the purpose of carrying out its statutory powers and
21 responsibilities, then, upon request and payment of fees in
22 conformance with the requirements of Section 2605-400 of the
23 State Police Law of the Civil Administrative Code of Illinois,
24 the Department of State Police is authorized to furnish,
25 pursuant to positive identification, the information contained
26 in State files as is necessary to fulfill the request.

 

 

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1     (j) Temporary appointments. In order to prevent a stoppage
2 of public business, to meet extraordinary exigencies, or to
3 prevent material impairment of the fire department, the
4 commission may make temporary appointments, to remain in force
5 only until regular appointments are made under the provisions
6 of this Section, but never to exceed 60 days. No temporary
7 appointment of any one person shall be made more than twice in
8 any calendar year.
9     (k) A person who knowingly divulges or receives test
10 questions or answers before a written examination, or otherwise
11 knowingly violates or subverts any requirement of this Section,
12 commits a violation of this Section and may be subject to
13 charges for official misconduct.
14     A person who is the knowing recipient of test information
15 in advance of the examination shall be disqualified from the
16 examination or discharged from the position to which he or she
17 was appointed, as applicable, and otherwise subjected to
18 disciplinary actions.
 
19     (70 ILCS 705/16.06c new)
20     Sec. 16.06c. Alternative procedure; original appointment;
21 full-time firefighter.
22     (a) Authority. The Joint Labor and Management Committee
23 (JLMC), as defined in Section 50 of the Fire Department
24 Promotion Act, may establish a community outreach program to
25 market the profession of firefighter and firefighter-paramedic

 

 

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1 so as to ensure the pool of applicants recruited is of broad
2 diversity and the highest quality.
3     For the purposes of this Section, "firefighter" means any
4 person who has been prior to, on, or after the effective date
5 of this amendatory Act of the 96th General Assembly appointed
6 to a fire department or fire protection district or employed by
7 a State university and sworn or commissioned to perform
8 firefighter duties or paramedic duties, or both, except that
9 the following persons are not included: part-time
10 firefighters; auxiliary, reserve, or voluntary firefighters,
11 including paid-on-call firefighters; clerks and dispatchers or
12 other civilian employees of a fire department or fire
13 protection district who are not routinely expected to perform
14 firefighter duties; and elected officials.
15     (b) Eligibility. Persons eligible for placement on the
16 master register of eligibles shall consist of the following:
17         Persons who have participated in and received a passing
18     total score on the mental aptitude, physical ability, and
19     preference components of a regionally administered test
20     based on the standards described in this Section. The
21     standards for administering these tests and the minimum
22     passing score required for placement on this list shall be
23     as is set forth in this Section.
24         Qualified candidates shall be listed on the master
25     register of eligibles in highest to lowest rank order based
26     upon their test scores without regard to their date of

 

 

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1     examination. Candidates listed on the master register of
2     eligibles shall be eligible for appointment for 3 years
3     after the date of the certification of their final score on
4     the register without regard to the date of their
5     examination. After 3 years, the candidate's name shall be
6     struck from the list.
7         Any person currently employed as a full-time member of
8     a fire department or any person who has experienced a
9     non–voluntary (and non-disciplinary) separation from the
10     active workforce due to a reduction in the number of
11     departmental officers, who was appointed pursuant to
12     Division 1 of Article 10 of the Illinois Municipal Code,
13     Division 2.1 of Article 10 of the Illinois Municipal Code,
14     or the Fire Protection District Act, and who during the
15     previous 12 months participated in and received a passing
16     score on the physical ability component of the test may
17     request that his or her name be added to the master
18     register. Any eligible person may be offered employment by
19     a local commission under the same procedures as provided by
20     this Section except that the apprenticeship period may be
21     waived and the applicant may be immediately issued a
22     certificate of original appointment by the local
23     commission.
24     (c) Qualifications for placement on register of eligibles.
25 The purpose for establishing a master register of eligibles
26 shall be to identify applicants who possess and demonstrate the

 

 

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1 mental aptitude and physical ability to perform the duties
2 required of members of the fire department in order to provide
3 the highest quality of service to the public. To this end, all
4 applicants for original appointment to an affected fire
5 department through examination conducted by the Joint Labor and
6 Management Committee (JLMC) shall be subject to examination and
7 testing which shall be public, competitive, and open to all
8 applicants. Any subjective component of the testing must be
9 administered by certified assessors. All qualifying and
10 disqualifying factors applicable to examination processes for
11 local commissions in this amendatory Act of the 96th General
12 Assembly shall be applicable to persons participating in Joint
13 Labor and Management Committee examinations unless
14 specifically provided otherwise in this Section.
15     Notice of the time, place, general scope, and fee of every
16 JLMC examination shall be given by the JLMC or designated
17 testing agency, as applicable, by a publication at least 30
18 days preceding the examination, in one or more newspapers
19 published in the region, or if no newspaper is published
20 therein, then in one or more newspapers with a general
21 circulation within the region. Additional notice of the
22 examination may be given as the JLMC shall prescribe.
23     (d) Examination and testing components for placement on
24 register of eligibles. The examination and qualifying
25 standards for placement on the master register of eligibles and
26 employment shall be based on the following components: mental

 

 

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

 

 

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

 

 

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1     tightly enclosed spaces, that is further aggravated by
2     fatigue, flashing lights, sirens, and other distractions.
3     (g) Scoring of examination components. The examination
4 components shall be graded on a 100-point scale. A person's
5 position on the master register of eligibles shall be
6 determined by the person's score on the written examination,
7 the person successfully passing the physical ability
8 component, and the addition of any applicable preference
9 points.
10     Applicants who have achieved at least the mean score of all
11 applicants participating in the written examination at the same
12 time, and who successfully pass the physical ability
13 examination shall be placed on the initial eligibility
14 register. For placement on the final eligibility register, the
15 passing score shall be determined by (i) calculating the mean
16 score for all applicants participating in the written test; and
17 (ii) adding 20% to the mean score. Applicants whose total
18 scores, including any applicable preference points, are above
19 the mean score plus 20%, shall be placed on the master register
20 of eligibles by the JLMC.
21     These persons shall take rank upon the register as
22 candidates in the order of their relative excellence based on
23 the highest to the lowest total points scored on the mental
24 aptitude and physical ability components, plus any applicable
25 preference points requested and verified by the JLMC, or
26 approved testing agency.

 

 

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1     No more than 60 days after each examination, a revised
2 master register of eligibles shall be posted by the JLMC
3 showing the final grades of the candidates without reference to
4 priority of time of examination.
5     (h) Preferences. The board shall give military, education,
6 and experience preference points to those who qualify for
7 placement on the master register of eligibles, on the same
8 basis as provided for examinations administered by a local
9 commission.
10     No person entitled to preference or credit shall be
11 required to claim the credit before any examination held under
12 the provisions of this Section. The preference shall be given
13 after the posting or publication of the applicant's initial
14 score at the request of the person before finalizing the scores
15 from all applicants taking part in a JLMC examination.
16 Candidates who are eligible for preference credit shall make a
17 claim in writing within 10 days after the posting of the
18 initial scores from any JLMC test or the claim shall be deemed
19 waived. Once preference points are awarded, the candidates
20 shall be certified to the master register in accordance with
21 their final score including preference points.
22     (i) Firefighter apprentice and firefighter-paramedic
23 apprentice. The employment of an applicant to an apprentice
24 position (including a currently employed full-time member of a
25 fire department whose apprenticeship may be reduced or waived)
26 shall be subject to the applicant passing the moral character

 

 

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

 

 

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1 who shall serve an apprenticeship period of 12 months or less
2 according to the terms and conditions of employment as the
3 employing municipality or district offers, or as provided for
4 under the terms of any collective bargaining agreement then in
5 effect. The apprenticeship period is separate from the
6 probationary period.
7     Service during the apprenticeship period shall be on a
8 probationary basis. During the apprenticeship period, the
9 apprentice's training and performance shall be monitored and
10 evaluated by a Joint Apprenticeship Committee.
11     The Joint Apprenticeship Committee shall consist of 4
12 members who shall be regular members of the fire department
13 with at least 10 years of full-time work experience as a
14 firefighter or firefighter-paramedic. The fire chief and the
15 president of the exclusive bargaining representative
16 recognized by the employer shall each appoint 2 members to the
17 Joint Apprenticeship Committee. In the absence of an exclusive
18 collective bargaining representative, the chief shall appoint
19 the remaining 2 members who shall be from the ranks of company
20 officer and firefighter with at least 10 years of work
21 experience as a firefighter or firefighter-paramedic. In the
22 absence of a sufficient number of qualified firefighters, the
23 Joint Apprenticeship Committee members shall have the amount of
24 experience and the type of qualifications as is reasonable
25 given the circumstances of the fire department. In the absence
26 of a full-time member in a rank between chief and the highest

 

 

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1 rank in a bargaining unit, the Joint Apprenticeship Committee
2 shall be reduced to 2 members, one to be appointed by the chief
3 and one by the union president, if any. If there is no
4 exclusive bargaining representative, the chief shall appoint
5 the second member of the Joint Apprenticeship Committee from
6 among qualified members in the ranks of company officer and
7 below. Before the conclusion of the apprenticeship period, the
8 Joint Apprenticeship Committee shall meet to consider the
9 apprentice's progress and performance and vote to retain the
10 apprentice as a member of the fire department or to terminate
11 the apprenticeship. If 3 of the 4 members of the Joint
12 Apprenticeship Committee affirmatively vote to retain the
13 apprentice (if a 2 member Joint Apprenticeship Committee
14 exists, then both members must affirmatively vote to retain the
15 apprentice), the local commission shall issue the apprentice a
16 certificate of original appointment to the fire department.
17     (k) A person who knowingly divulges or receives test
18 questions or answers before a written examination, or otherwise
19 knowingly violates or subverts any requirement of this Section,
20 commits a violation of this Section and may be subject to
21 charges for official misconduct.
22     A person who is the knowing recipient of test information
23 in advance of the examination shall be disqualified from the
24 examination or discharged from the position to which he or she
25 was appointed, as applicable, and otherwise subjected to
26 disciplinary actions.
 

 

 

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1     Section 99. Effective date. This Act takes effect upon
2 becoming law.".