Full Text of HB1017 95th General Assembly
HB1017 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1017
Introduced 2/8/2007, by Rep. Dan Reitz SYNOPSIS AS INTRODUCED: |
|
50 ILCS 742/20 |
|
50 ILCS 742/50 |
|
|
Amends the Fire Department Promotion Act. With respect to subjective evaluation of candidates for promotion, sets up a procedure for the parties to select impartial qualified professionals as promotional assessors from a roster established by the Office of the State Fire Marshal. Makes technical corrections. Effective immediately.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB1017 |
|
LRB095 07177 HLH 27309 b |
|
| 1 |
| AN ACT concerning local government.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Fire Department Promotion Act is amended by | 5 |
| changing Sections 20 and 50 as follows:
| 6 |
| (50 ILCS 742/20)
| 7 |
| Sec. 20. Promotion lists.
| 8 |
| (a) For the purpose of granting a promotion to any rank to | 9 |
| which this Act
applies, the appointing authority shall from | 10 |
| time to time, as necessary,
prepare a preliminary promotion | 11 |
| list in accordance with this Act. The
preliminary promotion | 12 |
| list shall be distributed, posted, or otherwise made
| 13 |
| conveniently available by the appointing authority to all | 14 |
| members of the
department.
| 15 |
| (b) A person's position on the preliminary promotion list | 16 |
| shall be
determined by a combination of factors which may | 17 |
| include any of the following:
(i) the person's score on the | 18 |
| written examination for that rank, determined in
accordance | 19 |
| with Section 35; (ii) the person's seniority within the | 20 |
| department,
determined in accordance with Section 40; (iii) the | 21 |
| person's ascertained
merit, determined in accordance with | 22 |
| Section 45; and (iv) the person's score on
the subjective | 23 |
| evaluation, determined in accordance with Section 50.
|
|
|
|
HB1017 |
- 2 - |
LRB095 07177 HLH 27309 b |
|
| 1 |
| Candidates shall be ranked on the list in rank order based on | 2 |
| the highest to
the lowest total points scored on all of the | 3 |
| components of the test.
Promotional components, as defined | 4 |
| herein, shall be determined and
administered in accordance with | 5 |
| the referenced Section, unless otherwise
modified or agreed to | 6 |
| as provided by paragraph (1) or (2) of subsection (d)
(e)
of | 7 |
| Section 10. The use of physical criteria, including but not | 8 |
| limited to
fitness testing, agility testing, and medical | 9 |
| evaluations, is specifically
barred from the promotion | 10 |
| process.
| 11 |
| (c) A person on the preliminary promotion list who is | 12 |
| eligible for a
veteran's
preference under the laws and | 13 |
| agreements applicable to the department
may file a written | 14 |
| application for that preference within 10 days after the
| 15 |
| initial posting of the preliminary promotion list. The | 16 |
| preference shall be
calculated as provided under Section 55 and | 17 |
| added to the total score
achieved by the candidate on the test. | 18 |
| The appointing authority shall then
make adjustments to the | 19 |
| rank order of the preliminary promotion list based
on any | 20 |
| veteran's preferences awarded. The final adjusted promotion
| 21 |
| list shall then be distributed, posted, or otherwise made | 22 |
| conveniently
available by the appointing authority to all | 23 |
| members of the department.
| 24 |
| (d) Whenever a promotional rank is created or becomes | 25 |
| vacant due to
resignation, discharge, promotion, death, or the | 26 |
| granting of a disability or
retirement pension, or any other |
|
|
|
HB1017 |
- 3 - |
LRB095 07177 HLH 27309 b |
|
| 1 |
| cause, the appointing authority shall appoint
to that position | 2 |
| the person with the highest ranking on the final promotion
list | 3 |
| for that rank, except that the appointing authority shall have | 4 |
| the right
to pass over that person and appoint the next highest | 5 |
| ranked person on the list
if the appointing authority has | 6 |
| reason to conclude that the highest ranking
person has | 7 |
| demonstrated substantial shortcomings in work performance or | 8 |
| has
engaged in misconduct affecting the person's ability to | 9 |
| perform the duties of
the promoted rank since the posting of | 10 |
| the promotion list. If the highest
ranking person is passed | 11 |
| over, the appointing authority shall document its
reasons for | 12 |
| its decision to select the next highest ranking person on the | 13 |
| list.
Unless the reasons for passing over the highest ranking | 14 |
| person are not remediable
remedial , no person who is the | 15 |
| highest ranking person on the list at the time
of the vacancy | 16 |
| shall be passed over more than once. Any dispute as to the
| 17 |
| selection of the first or second highest-ranking person shall | 18 |
| be subject to
resolution in accordance with any grievance | 19 |
| procedure in effect covering the
employee.
| 20 |
| A vacancy shall be deemed to occur in a position on the | 21 |
| date upon which the
position is vacated, and on that same date, | 22 |
| a vacancy shall occur in all ranks
inferior to that rank, | 23 |
| provided that the position or positions continue to be
funded | 24 |
| and authorized by the corporate authorities. If a vacated | 25 |
| position is
not filled due to a lack of funding or | 26 |
| authorization and is subsequently
reinstated, the final |
|
|
|
HB1017 |
- 4 - |
LRB095 07177 HLH 27309 b |
|
| 1 |
| promotion list shall be continued in effect until all
positions | 2 |
| vacated have been filled or for a period up to 5 years | 3 |
| beginning from
the date on which the position was vacated. In | 4 |
| such event, the candidate or
candidates who would have | 5 |
| otherwise been promoted when the vacancy originally
occurred | 6 |
| shall be promoted.
| 7 |
| Any candidate may refuse a promotion once without losing | 8 |
| his or her position
on the final adjusted promotion list. Any | 9 |
| candidate who refuses promotion a
second time shall be removed | 10 |
| from the final adjusted promotion list, provided
that such | 11 |
| action shall not prejudice a person's opportunities to | 12 |
| participate in
future promotion examinations.
| 13 |
| (e) A final adjusted promotion list shall remain valid and | 14 |
| unaltered for a
period of not less than 2 nor more than 3 years | 15 |
| after the date of the initial
posting. Integrated lists are | 16 |
| prohibited and when a list expires it shall be
void, except as | 17 |
| provided in subsection (d) of this Section. If a promotion
list | 18 |
| is not in effect, a successor list shall be prepared and | 19 |
| distributed
within 180 days after a vacancy, as defined in | 20 |
| subsection (d) of this Section.
| 21 |
| (f) This Section 20 does not apply to the initial hiring | 22 |
| list.
| 23 |
| (Source: P.A. 93-411, eff. 8-4-03.)
| 24 |
| (50 ILCS 742/50)
| 25 |
| Sec. 50. Subjective evaluation.
|
|
|
|
HB1017 |
- 5 - |
LRB095 07177 HLH 27309 b |
|
| 1 |
| (a) A promotion test may include subjective evaluation | 2 |
| components.
Subjective evaluations may include an oral | 3 |
| interview, tactical evaluation,
performance evaluation, or | 4 |
| other component based on subjective evaluation of
the examinee. | 5 |
| The methods used for subjective evaluations may include using
| 6 |
| any employee assessment centers, evaluation systems, chief's | 7 |
| points, or other
methods.
| 8 |
| (b) Any subjective component shall be identified to all | 9 |
| candidates prior to
its application, be job-related, and be | 10 |
| applied uniformly to all candidates.
Every examinee shall have | 11 |
| the right to documentation of his or her score
on the | 12 |
| subjective component upon the completion of the subjective | 13 |
| examination
component or its application.
| 14 |
| (c) Where chief's points or other subjective methods
are | 15 |
| employed that are not amenable to monitoring, monitors shall | 16 |
| not be
required, but any disputes as to the results of such | 17 |
| methods shall be subject
to resolution in accordance with any | 18 |
| collectively bargained grievance
procedure in effect at the | 19 |
| time of the test.
| 20 |
| (d) Where performance evaluations are used as a basis for | 21 |
| promotions, they
shall be given annually and made readily | 22 |
| available to each candidate for
review and they shall include | 23 |
| any disagreement or documentation the employee
provides to | 24 |
| refute or contest the evaluation. These annual evaluations are | 25 |
| not
subject to grievance procedures, unless used for points in | 26 |
| the promotion
process.
|
|
|
|
HB1017 |
- 6 - |
LRB095 07177 HLH 27309 b |
|
| 1 |
| (e) Total points awarded for subjective components shall be | 2 |
| posted before
the written examination is administered and | 3 |
| before the promotion list is
compiled.
| 4 |
| (f) Persons selected to grade candidates for promotion | 5 |
| shall be selected from panels composed of impartial qualified | 6 |
| professionals. The Office of the State Fire Marshal shall | 7 |
| support the selections by establishing a roster of promotional | 8 |
| assessors composed of persons sworn to impartiality who meet | 9 |
| specified minimum standards of professional training as | 10 |
| established by the Office of the State Fire Marshal by rule by | 11 |
| January 1, 2008. | 12 |
| Within 7 days after the request of either party, the Office | 13 |
| shall select at random from the roster of promotional assessors | 14 |
| a panel of impartial qualified promotional assessors numbering | 15 |
| not less than 1.5 times the number of assessors required. The | 16 |
| parties may select assessors on the list provided by the Office | 17 |
| or any other agency mutually agreed upon by the parties. Within | 18 |
| 7 days following the receipt of the list, the parties shall | 19 |
| notify the Office of the assessors they have selected. Unless | 20 |
| the parties agree on an alternate selection procedure, they | 21 |
| shall alternatively strike names from the list provided by the | 22 |
| Office until only the number of required assessors remain. A | 23 |
| coin toss shall determine which party strikes the first name. | 24 |
| If the parties fail to notify the Office in a timely manner of | 25 |
| their selection of assessors, the Office shall appoint the | 26 |
| assessors required from the roster of promotional assessors.
|
|
|
|
HB1017 |
- 7 - |
LRB095 07177 HLH 27309 b |
|
| 1 |
| (Source: P.A. 93-411, eff. 8-4-03.)
| 2 |
| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.
|
|