Full Text of HB5218 94th General Assembly
HB5218 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB5218
Introduced 01/24/06, by Rep. Brandon W. Phelps SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/10-1-14 |
from Ch. 24, par. 10-1-14 |
65 ILCS 5/10-2.1-4 |
from Ch. 24, par. 10-2.1-4 |
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Amends the Municipal Code. Provides that a person who has not qualified for a regular civil service appointment may not be used as a substitute for a classified member of a municipality's fire or police department. Effective immediately.
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A BILL FOR
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HB5218 |
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LRB094 17353 HLH 52648 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Sections 10-1-14 and 10-2.1-4 as follows:
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| (65 ILCS 5/10-1-14) (from Ch. 24, par. 10-1-14)
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| Sec. 10-1-14. The head of the department or office in which | 8 |
| a
position classified under this Division 1 is to be filled | 9 |
| shall notify
the commission of that fact, and the commission | 10 |
| shall certify to the
appointing officer the name and address of | 11 |
| the candidate standing
highest upon the register for the class | 12 |
| or grade to which the position
belongs. However, in cases of | 13 |
| laborers where a choice by competition is
impracticable, the | 14 |
| commission may provide by its rules that the
selections shall | 15 |
| be made by lot from among those candidates proved fit
by | 16 |
| examination, but laborers who have previously been in the | 17 |
| service and
were removed because their services were no longer | 18 |
| required, shall be
preferred, and be reinstated before other | 19 |
| laborers are given positions,
preference being given to those | 20 |
| who have had the longest term of
service, and laborers in the | 21 |
| employ of the municipality on July 1, 1949,
who, as of such | 22 |
| date, have been employed under temporary authority for 3
years | 23 |
| or more or during parts of 3 or more calendar years, shall be
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| preferred also, and shall be placed upon the register for such | 25 |
| positions
without examination and shall be certified before | 26 |
| other laborers are
given positions, preference being given to | 27 |
| those laborers under
temporary authority who have had the | 28 |
| longest term of service in such
positions. In making such | 29 |
| certification, sex shall be disregarded.
The appointing | 30 |
| officer shall notify the commission
of each position to be | 31 |
| filled, separately, and shall fill such place by
the | 32 |
| appointment of the person certified to him or her by the |
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HB5218 |
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LRB094 17353 HLH 52648 b |
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| commission
therefor. Original appointment shall be on | 2 |
| probation for a period not to
exceed 6 months to be fixed by | 3 |
| the rules but all time spent in attending
training schools and | 4 |
| seminars, except on-the-job training
conducted by local Fire | 5 |
| Department personnel, shall
be excluded in calculating the | 6 |
| probation period; provided that in
municipalities with a | 7 |
| population of more than 500,000 inhabitants,
original | 8 |
| appointment to the police department shall be on probation for
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| a period not to exceed 9 months to be fixed by the rules of the
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| department. The commission may strike off names of candidates | 11 |
| from the
register after they have remained thereon more than 2 | 12 |
| years. At or
before the expiration of the period of probation, | 13 |
| the head of the
department or office in which a candidate is | 14 |
| employed may, by and with
the consent of the commission, | 15 |
| discharge him or her upon assigning in writing
his or her | 16 |
| reason therefor to the commission. If he or she is
not then | 17 |
| discharged, his or her
appointment shall be deemed complete. To | 18 |
| prevent the stoppage of public
business, or to meet | 19 |
| extraordinary exigencies, the head of any
department or office | 20 |
| may, with the approval of the commission, make
temporary | 21 |
| appointment to remain in force not exceeding 120 days, and
only | 22 |
| until regular appointments under the provisions of this | 23 |
| Division 1
can be made. No person who has not qualified for | 24 |
| regular appointment under the provisions of this Division 1 | 25 |
| shall be otherwise utilized as a substitute for classified | 26 |
| members of a municipality's fire or police department or for | 27 |
| the regular appointment of a candidate from an eligibility list | 28 |
| for appointment as a classified member of a municipality's fire | 29 |
| or police department.
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| (Source: P.A. 80-1364.)
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| (65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
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| Sec. 10-2.1-4. Fire and police departments; Appointment of
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| members; Certificates of appointments.
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| The board of fire and police commissioners shall appoint | 35 |
| all officers
and members of the fire and police departments of |
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HB5218 |
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LRB094 17353 HLH 52648 b |
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| the municipality,
including the chief of police and the chief | 2 |
| of the fire department,
unless the council or board of trustees | 3 |
| shall by ordinance as to them
otherwise provide; except as | 4 |
| otherwise provided in this Section, and
except that in any | 5 |
| municipality which adopts or has
adopted this Division 2.1 and | 6 |
| also adopts or has adopted Article 5 of
this Code, the chief of | 7 |
| police and the chief of the fire department
shall be appointed | 8 |
| by the municipal manager, if it is provided by
ordinance in | 9 |
| such municipality that such chiefs, or either of them,
shall | 10 |
| not be appointed by the board of fire and police commissioners.
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| If the chief of the fire department or the chief of the | 12 |
| police department
or both of them are appointed in the manner | 13 |
| provided by ordinance, they
may be removed or discharged by the | 14 |
| appointing authority. In such case
the appointing authority | 15 |
| shall file with the corporate authorities the reasons
for such | 16 |
| removal or discharge, which removal or discharge shall not | 17 |
| become
effective unless confirmed by a majority vote of the | 18 |
| corporate authorities.
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| If a member of the department is appointed chief of police | 20 |
| or chief
of the fire department prior to being eligible to | 21 |
| retire on pension, he
shall be considered as on furlough from | 22 |
| the rank he held immediately
prior to his appointment as chief. | 23 |
| If he resigns as chief or is
discharged as chief prior to | 24 |
| attaining eligibility to retire on pension,
he shall revert to | 25 |
| and be established in whatever rank he currently holds,
except | 26 |
| for previously appointed positions, and thereafter
be entitled | 27 |
| to all the benefits and emoluments of that rank,
without regard | 28 |
| as to whether a vacancy then exists in that rank.
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| All appointments to each department other than that of the | 30 |
| lowest
rank, however, shall be from the rank next below that to | 31 |
| which the
appointment is made except as otherwise provided in | 32 |
| this Section, and
except that the chief of police and the chief | 33 |
| of the
fire department may be appointed from among members of | 34 |
| the police and
fire departments, respectively, regardless of | 35 |
| rank, unless the council
or board of trustees shall have by | 36 |
| ordinance as to them otherwise provided.
A chief of police or |
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| the chief of the fire department, having been appointed
from | 2 |
| among members
of the police or fire department, respectively, | 3 |
| shall be permitted, regardless
of rank, to
take promotional
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| exams and be promoted to a higher classified rank than he | 5 |
| currently holds,
without having to
resign as chief of police or | 6 |
| chief of the fire department.
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| The sole authority to issue certificates of appointment | 8 |
| shall be
vested in the Board of Fire and Police Commissioners | 9 |
| and all
certificates of appointments issued to any officer or | 10 |
| member of the fire
or police department of a municipality shall | 11 |
| be signed by the chairman
and secretary respectively of the | 12 |
| board of fire and police commissioners
of such municipality, | 13 |
| upon appointment of such officer or member of the
fire and | 14 |
| police department of such municipality by action of the board
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| of fire and police commissioners. No person who has not | 16 |
| qualified for placement upon a municipality's register of | 17 |
| eligibles for appointment to a fire or police department shall | 18 |
| be utilized as a substitute for a certificated member to the | 19 |
| municipality's fire or police department or for candidates who | 20 |
| have qualified for placement on a register of eligibles for | 21 |
| appointment to the municipality's fire or police department.
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| The term "policemen" as used in this Division does not | 23 |
| include
auxiliary policemen except as provided for in Section | 24 |
| 10-2.1-6.
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| Any full time member of a regular fire or police department | 26 |
| of any
municipality which comes under the provisions of this | 27 |
| Division or adopts
this Division 2.1 or which has adopted any | 28 |
| of the prior Acts pertaining to
fire and police commissioners, | 29 |
| is a city officer.
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| Notwithstanding any other provision of this Section, the | 31 |
| Chief of
Police of a department in a non-homerule municipality | 32 |
| of more than 130,000
inhabitants may, without the advice or | 33 |
| consent of the Board of
Fire and Police Commissioners, appoint | 34 |
| up to 6 officers who shall be known
as deputy chiefs or | 35 |
| assistant deputy chiefs, and whose rank shall be
immediately | 36 |
| below that of Chief. The deputy or assistant deputy chiefs may
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LRB094 17353 HLH 52648 b |
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| be appointed from any rank of sworn officers of that | 2 |
| municipality, but no
person who is not such a sworn officer may | 3 |
| be so appointed. Such deputy
chief or assistant deputy chief | 4 |
| shall have the authority to direct and
issue orders to all | 5 |
| employees of the Department holding the rank of captain
or any | 6 |
| lower rank.
A deputy chief of police or assistant deputy chief | 7 |
| of police, having been
appointed from any rank
of sworn | 8 |
| officers of that municipality, shall be permitted, regardless | 9 |
| of rank,
to take promotional
exams and be promoted to a higher | 10 |
| classified rank than he currently holds,
without having to
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| resign as deputy chief of police or assistant deputy chief of | 12 |
| police.
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| Notwithstanding any other provision of this Section, a | 14 |
| non-homerule
municipality of 130,000 or fewer inhabitants, | 15 |
| through its council or board
of trustees, may, by ordinance, | 16 |
| provide for a position of deputy chief to be
appointed by the | 17 |
| chief of the police department. The ordinance shall provide
for | 18 |
| no more than one deputy chief position if the police department | 19 |
| has fewer
than 25 full-time police officers and for no more | 20 |
| than 2 deputy chief positions
if the police department has 25 | 21 |
| or more full-time police officers. The deputy
chief position
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| shall be an exempt rank immediately below that of Chief. The | 23 |
| deputy chief may
be appointed from any rank of sworn, full-time | 24 |
| officers of the municipality's
police department, but must have | 25 |
| at least 5 years of full-time service as a
police officer in | 26 |
| that department. A deputy chief shall serve at the
discretion | 27 |
| of the Chief and, if removed from the position,
shall revert to | 28 |
| the rank currently held, without regard as to whether a
vacancy | 29 |
| exists in
that rank. A deputy chief
of police, having been | 30 |
| appointed from any rank of sworn full-time officers of
that | 31 |
| municipality's
police department, shall be permitted, | 32 |
| regardless of rank, to take promotional
exams and be
promoted | 33 |
| to a higher classified rank than he currently holds, without | 34 |
| having to
resign as deputy
chief of police.
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| No municipality having a population less than 1,000,000 | 36 |
| shall require
that any firefighter appointed to the lowest
rank |
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HB5218 |
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LRB094 17353 HLH 52648 b |
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| serve a probationary employment period of longer than one year. | 2 |
| The
limitation on periods of probationary employment provided | 3 |
| in this
amendatory Act of 1989 is an exclusive power and | 4 |
| function of the State.
Pursuant to subsection (h) of Section 6 | 5 |
| of Article VII of the Illinois
Constitution, a home rule | 6 |
| municipality having a population less than 1,000,000
must | 7 |
| comply with this limitation on periods of probationary | 8 |
| employment, which
is a denial and limitation of home rule | 9 |
| powers. Notwithstanding anything to
the contrary in this | 10 |
| Section, the probationary employment period limitation
may be | 11 |
| extended for a firefighter who is required, as a condition of | 12 |
| employment, to be a certified paramedic, during which time the | 13 |
| sole reason that a firefighter may be discharged without a | 14 |
| hearing is for failing to meet the requirements for paramedic | 15 |
| certification.
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| (Source: P.A. 93-486, eff. 8-8-03; 94-135, eff. 7-7-05.)
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| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.
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