Full Text of HB0809 102nd General Assembly
HB0809enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Sections 10-1-7.2 and 10-2.1-6.4 as follows: | 6 | | (65 ILCS 5/10-1-7.2) | 7 | | Sec. 10-1-7.2. Alternative procedure; original | 8 | | appointment; full-time firefighter. | 9 | | (a) Authority. The Joint Labor and Management Committee | 10 | | (JLMC), as defined in Section 50 of the Fire Department | 11 | | Promotion Act, may establish a community outreach program to | 12 | | market the profession of firefighter and firefighter-paramedic | 13 | | so as to ensure the pool of applicants recruited is of broad | 14 | | diversity and the highest quality. Nothing in this Section | 15 | | requires that the Joint Labor and Management Committee | 16 | | establish or operate the community outreach program or master | 17 | | register of eligibles, or to contract with a testing agency to | 18 | | establish or operate such program or register, unless the | 19 | | Joint Labor and Management Committee chooses to do so. | 20 | | For the purposes of this Section, "firefighter" means any | 21 | | person who has been prior to, on, or after the effective date | 22 | | of this amendatory Act of the 97th General Assembly appointed | 23 | | to a fire department or fire protection district or employed |
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| 1 | | by a State university and sworn or commissioned to perform | 2 | | firefighter duties or paramedic duties, or both, except that | 3 | | the following persons are not included: part-time | 4 | | firefighters; auxiliary, reserve, or voluntary firefighters, | 5 | | including paid-on-call firefighters; clerks and dispatchers or | 6 | | other civilian employees of a fire department or fire | 7 | | protection district who are not routinely expected to perform | 8 | | firefighter duties; and elected officials. | 9 | | (b) Eligibility. Persons eligible for placement on the | 10 | | master register of eligibles shall consist of the following: | 11 | | Persons who have participated in and received a | 12 | | passing total score on the mental aptitude, physical | 13 | | ability, and preference components of a regionally | 14 | | administered test based on the standards described in this | 15 | | Section. The standards for administering these tests and | 16 | | the minimum passing score required for placement on this | 17 | | list shall be as is set forth in this Section. | 18 | | Qualified candidates shall be listed on the master | 19 | | register of eligibles in highest to lowest rank order | 20 | | based upon their test scores without regard to their date | 21 | | of examination. Candidates listed on the master register | 22 | | of eligibles shall be eligible for appointment for 2 years | 23 | | after the date of the certification of their final score | 24 | | on the register without regard to the date of their | 25 | | examination. After 2 years, the candidate's name shall be | 26 | | struck from the list. |
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| 1 | | Any person currently employed as a full-time member of | 2 | | a fire department or any person who has experienced a | 3 | | non-voluntary (and non-disciplinary) separation from the | 4 | | active workforce due to a reduction in the number of | 5 | | departmental officers, who was appointed pursuant to this | 6 | | Division, Division 2.1 of Article 10 of the Illinois | 7 | | Municipal Code, or the Fire Protection District Act, and | 8 | | who during the previous 24 months participated in and | 9 | | received a passing score on the physical ability and | 10 | | mental aptitude components of the test may request that | 11 | | his or her name be added to the master register. Any | 12 | | eligible person may be offered employment by a local | 13 | | commission under the same procedures as provided by this | 14 | | Section except that the apprenticeship period may be | 15 | | waived and the applicant may be immediately issued a | 16 | | certificate of original appointment by the local | 17 | | commission. | 18 | | (c) Qualifications for placement on register of eligibles. | 19 | | The purpose for establishing a master register of eligibles | 20 | | shall be to identify applicants who possess and demonstrate | 21 | | the mental aptitude and physical ability to perform the duties | 22 | | required of members of the fire department in order to provide | 23 | | the highest quality of service to the public. To this end, all | 24 | | applicants for original appointment to an affected fire | 25 | | department through examination conducted by the Joint Labor | 26 | | and Management Committee (JLMC) shall be subject to |
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| 1 | | examination and testing which shall be public, competitive, | 2 | | and open to all applicants. Any examination and testing | 3 | | procedure utilized under subsection (e) of this Section shall | 4 | | be supported by appropriate validation evidence and shall | 5 | | comply with all applicable state and federal laws. Any | 6 | | subjective component of the testing must be administered by | 7 | | certified assessors. All qualifying and disqualifying factors | 8 | | applicable to examination processes for local commissions in | 9 | | this amendatory Act of the 97th General Assembly shall be | 10 | | applicable to persons participating in Joint Labor and | 11 | | Management Committee examinations unless specifically provided | 12 | | otherwise in this Section. | 13 | | Notice of the time, place, general scope, and fee of every | 14 | | JLMC examination shall be given by the JLMC or designated | 15 | | testing agency, as applicable, by publication at least 30 days | 16 | | preceding the examination, in one or more newspapers published | 17 | | in the region, or if no newspaper is published therein, then in | 18 | | one or more newspapers with a general circulation within the | 19 | | region. The JLMC may publish the notice on the JLMC's Internet | 20 | | website. Additional notice of the examination may be given as | 21 | | the JLMC shall prescribe. | 22 | | (d) Examination and testing components for placement on | 23 | | register of eligibles. The examination and qualifying | 24 | | standards for placement on the master register of eligibles | 25 | | and employment shall be based on the following components: | 26 | | mental aptitude, physical ability, preferences, moral |
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| 1 | | character, and health. The mental aptitude, physical ability, | 2 | | and preference components shall determine an applicant's | 3 | | qualification for and placement on the master register of | 4 | | eligibles. The consideration of an applicant's general moral | 5 | | character and health shall be administered on a pass-fail | 6 | | basis after a conditional offer of employment is made by a | 7 | | 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. | 12 | | Written examinations shall be practical in character and | 13 | | relate to those matters that fairly test the capacity of the | 14 | | persons examined to discharge the duties performed by members | 15 | | of a fire department. Written examinations shall be | 16 | | administered in a manner that ensures the security and | 17 | | accuracy of the scores achieved. Any subjective component of | 18 | | the testing must be administered by certified assessors. No | 19 | | person who does not possess a high school diploma or an | 20 | | equivalent high school education shall be placed on a register | 21 | | of eligibles. Local commissions may establish educational, | 22 | | emergency medical service licensure, and other pre-requisites | 23 | | for hire within their jurisdiction. | 24 | | (f) Physical ability. All candidates shall be required to | 25 | | undergo an examination of their physical ability to perform | 26 | | the essential functions included in the duties they may be |
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| 1 | | called upon to perform as a member of a fire department. For | 2 | | the purposes of this Section, essential functions of the job | 3 | | are 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: | 12 | | (1) Muscular strength to perform tasks and evolutions | 13 | | that may be required in the performance of duties | 14 | | including grip strength, leg strength, and arm strength. | 15 | | Tests shall be conducted under anaerobic as well as | 16 | | aerobic conditions to test both the candidate's speed and | 17 | | endurance in performing tasks and evolutions. Tasks tested | 18 | | are to be based on industry standards developed by the | 19 | | JLMC by rule. | 20 | | (2) The ability to climb ladders, operate from | 21 | | heights, walk or crawl in the dark along narrow and uneven | 22 | | surfaces, and operate in proximity to hazardous | 23 | | 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. The testing |
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| 1 | | environment may be hot and dark with tightly enclosed | 2 | | spaces, flashing lights, sirens, and other distractions. | 3 | | The tests utilized to measure each applicant's
| 4 | | capabilities in each of these dimensions may be tests based on
| 5 | | industry standards currently in use or equivalent tests | 6 | | approved by the Joint Labor-Management Committee of the Office | 7 | | of the State Fire Marshal. | 8 | | (g) Scoring of examination components. The examination | 9 | | components shall be graded on a 100-point scale. A person's | 10 | | position on the master register of eligibles shall be | 11 | | determined by the person's score on the written examination, | 12 | | the person successfully passing the physical ability | 13 | | component, and the addition of any applicable preference | 14 | | points. | 15 | | Applicants who have achieved at least the minimum score on | 16 | | the written examination, as set by the JLMC, and who | 17 | | successfully pass the physical ability examination shall be | 18 | | placed on the initial eligibility register. Minimum scores | 19 | | should be set by the JLMC so as to demonstrate a candidate's | 20 | | ability to perform the essential functions of the job. The | 21 | | minimum score set by the JLMC shall be
supported by | 22 | | appropriate validation evidence and shall comply with all | 23 | | applicable State and federal laws. Applicable preference | 24 | | points shall be added to the written examination scores for | 25 | | all applicants who qualify for the initial eligibility | 26 | | register. Applicants who score at or above the minimum passing |
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| 1 | | score as set by the JLMC, including any applicable preference | 2 | | points, shall be placed on the master register of eligibles by | 3 | | the JLMC. | 4 | | These persons shall take rank upon the register as | 5 | | candidates in the order of their relative excellence based on | 6 | | the highest to the lowest total points scored on the mental | 7 | | aptitude and physical ability components, plus any applicable | 8 | | preference points requested and verified by the JLMC, or | 9 | | approved testing agency. | 10 | | No more than 60 days after each examination, a revised | 11 | | master register of eligibles shall be posted by the JLMC | 12 | | showing the final grades of the candidates without reference | 13 | | to priority of time of examination. | 14 | | (h) Preferences. The board shall give military, education, | 15 | | and experience preference points to those who qualify for | 16 | | placement on the master register of eligibles, on the same | 17 | | basis as provided for examinations administered by a local | 18 | | commission. | 19 | | No person entitled to preference or credit shall be | 20 | | required to claim the credit before any examination held under | 21 | | the provisions of this Section. The preference shall be given | 22 | | after the posting or publication of the applicant's initial | 23 | | score at the request of the person before finalizing the | 24 | | scores from all applicants taking part in a JLMC examination. | 25 | | Candidates who are eligible for preference credit shall make a | 26 | | claim in writing within 10 days after the posting of the |
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| 1 | | initial scores from any JLMC test or the claim shall be deemed | 2 | | waived. Once preference points are awarded, the candidates | 3 | | shall be certified to the master register in accordance with | 4 | | their final score including preference points. | 5 | | (i) Firefighter apprentice and firefighter-paramedic | 6 | | apprentice. The employment of an applicant to an apprentice | 7 | | position (including a currently employed full-time member of a | 8 | | fire department whose apprenticeship may be reduced or waived) | 9 | | shall be subject to the applicant passing the moral character | 10 | | standards and health examinations of the local commission. In | 11 | | addition, a local commission may require as a condition of | 12 | | employment that the applicant demonstrate current physical | 13 | | ability by either passing the local commission's approved | 14 | | physical ability examination, or by presenting proof of | 15 | | participating in and receiving a passing score on the physical | 16 | | ability component of a JLMC test within a period of up to 12 | 17 | | months before the date of the conditional offer of employment. | 18 | | Applicants shall be subject to the local commission's initial | 19 | | hire background review including criminal history, employment | 20 | | history, moral character, oral examination, and medical | 21 | | examinations which may include polygraph, psychological, and | 22 | | drug screening components, all on a pass-fail basis. The | 23 | | medical examinations must be conducted last, and may only be | 24 | | performed after a conditional offer of employment has been | 25 | | extended. | 26 | | (j) Selection from list. Any municipality or fire |
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| 1 | | protection district that is a party to an intergovernmental | 2 | | agreement under the terms of which persons have been tested | 3 | | for placement on the master register of eligibles shall be | 4 | | entitled to offer employment to any person on the list | 5 | | irrespective of their ranking on the list. The offer of | 6 | | employment shall be to the position of firefighter apprentice | 7 | | or firefighter-paramedic apprentice. | 8 | | Applicants passing these tests may be employed as a | 9 | | firefighter apprentice or a firefighter-paramedic apprentice | 10 | | who shall serve an apprenticeship period of 12 months or less | 11 | | according to the terms and conditions of employment as the | 12 | | employing municipality or district offers, or as provided for | 13 | | under the terms of any collective bargaining agreement then in | 14 | | effect. The apprenticeship period is separate from the | 15 | | probationary period. | 16 | | Service during the apprenticeship period shall be on a | 17 | | probationary basis. During the apprenticeship period, the | 18 | | apprentice's training and performance shall be monitored and | 19 | | evaluated by a Joint Apprenticeship Committee. | 20 | | The Joint Apprenticeship Committee shall consist of 4 | 21 | | members who shall be regular members of the fire department | 22 | | with at least 10 years of full-time work experience as a | 23 | | firefighter or firefighter-paramedic. The fire chief and the | 24 | | president of the exclusive bargaining representative | 25 | | recognized by the employer shall each appoint 2 members to the | 26 | | Joint Apprenticeship Committee. In the absence of an exclusive |
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| 1 | | collective bargaining representative, the chief shall appoint | 2 | | the remaining 2 members who shall be from the ranks of company | 3 | | officer and firefighter with at least 10 years of work | 4 | | experience as a firefighter or firefighter-paramedic. In the | 5 | | absence of a sufficient number of qualified firefighters, the | 6 | | Joint Apprenticeship Committee members shall have the amount | 7 | | of experience and the type of qualifications as is reasonable | 8 | | given the circumstances of the fire department. In the absence | 9 | | of a full-time member in a rank between chief and the highest | 10 | | rank in a bargaining unit, the Joint Apprenticeship Committee | 11 | | shall be reduced to 2 members, one to be appointed by the chief | 12 | | and one by the union president, if any. If there is no | 13 | | exclusive bargaining representative, the chief shall appoint | 14 | | the second member of the Joint Apprenticeship Committee from | 15 | | among qualified members in the ranks of company officer and | 16 | | below. Before the conclusion of the apprenticeship period, the | 17 | | Joint Apprenticeship Committee shall meet to consider the | 18 | | apprentice's progress and performance and vote to retain the | 19 | | apprentice as a member of the fire department or to terminate | 20 | | the apprenticeship. If 3 of the 4 members of the Joint | 21 | | Apprenticeship Committee affirmatively vote to retain the | 22 | | apprentice (if a 2 member Joint Apprenticeship Committee | 23 | | exists, then both members must affirmatively vote to retain | 24 | | the apprentice), the local commission shall issue the | 25 | | apprentice a certificate of original appointment to the fire | 26 | | department. |
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| 1 | | (k) A person who knowingly divulges or receives test | 2 | | questions or answers before a written examination, or | 3 | | otherwise knowingly violates or subverts any requirement of | 4 | | this Section, commits a violation of this Section and may be | 5 | | subject to charges for official misconduct. | 6 | | A person who is the knowing recipient of test information | 7 | | in advance of the examination shall be disqualified from the | 8 | | examination or discharged from the position to which he or she | 9 | | was appointed, as applicable, and otherwise subjected to | 10 | | disciplinary actions. | 11 | | (l) Applicability. This Section does not apply to a | 12 | | municipality with more than 1,000,000 inhabitants.
| 13 | | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; | 14 | | 98-760, eff. 7-16-14 .) | 15 | | (65 ILCS 5/10-2.1-6.4) | 16 | | Sec. 10-2.1-6.4. Alternative procedure; original | 17 | | appointment; full-time firefighter. | 18 | | (a) Authority. The Joint Labor and Management Committee | 19 | | (JLMC), as defined in Section 50 of the Fire Department | 20 | | Promotion Act, may establish a community outreach program to | 21 | | market the profession of firefighter and firefighter-paramedic | 22 | | so as to ensure the pool of applicants recruited is of broad | 23 | | diversity and the highest quality. Nothing in this Section | 24 | | requires that the Joint Labor and Management Committee | 25 | | establish or operate the community outreach program or master |
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| 1 | | register of eligibles, or to contract with a testing agency to | 2 | | establish or operate such program or register, unless the | 3 | | Joint Labor and Management Committee chooses to do so. | 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 97th General Assembly appointed | 7 | | to a fire department or fire protection district or employed | 8 | | by 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 | | (b) Eligibility. Persons eligible for placement on the | 17 | | master register of eligibles shall consist of the following: | 18 | | Persons who have participated in and received a | 19 | | passing total score on the mental aptitude, physical | 20 | | ability, and preference components of a regionally | 21 | | administered test based on the standards described in this | 22 | | Section. The standards for administering these tests and | 23 | | the minimum passing score required for placement on this | 24 | | list shall be as is set forth in this Section. | 25 | | Qualified candidates shall be listed on the master | 26 | | register of eligibles in highest to lowest rank order |
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| 1 | | based upon their test scores without regard to their date | 2 | | of examination. Candidates listed on the master register | 3 | | of eligibles shall be eligible for appointment for 2 years | 4 | | after the date of the certification of their final score | 5 | | on the register without regard to the date of their | 6 | | examination. After 2 years, the candidate's name shall be | 7 | | struck from the list. | 8 | | Any person currently employed as a full-time member of | 9 | | a fire department or any person who has experienced a | 10 | | non-voluntary (and non-disciplinary) separation from the | 11 | | active workforce due to a reduction in the number of | 12 | | departmental officers, who was appointed pursuant to | 13 | | Division 1 of Article 10 of the Illinois Municipal Code, | 14 | | Division 2.1 of Article 10 of the Illinois Municipal Code, | 15 | | or the Fire Protection District Act, and who during the | 16 | | previous 24 months participated in and received a passing | 17 | | score on the physical ability and mental aptitude | 18 | | components of the test may request that his or her name be | 19 | | added to the master register. Any eligible person may be | 20 | | offered employment by a local commission under the same | 21 | | procedures as provided by this Section except that the | 22 | | apprenticeship period may be waived and the applicant may | 23 | | be immediately issued a certificate of original | 24 | | appointment by the local commission. | 25 | | (c) Qualifications for placement on register of eligibles. | 26 | | The purpose for establishing a master register of eligibles |
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| 1 | | shall be to identify applicants who possess and demonstrate | 2 | | the mental aptitude and physical ability to perform the duties | 3 | | required of members of the fire department in order to provide | 4 | | the highest quality of service to the public. To this end, all | 5 | | applicants for original appointment to an affected fire | 6 | | department through examination conducted by the Joint Labor | 7 | | and Management Committee (JLMC) shall be subject to | 8 | | examination and testing which shall be public, competitive, | 9 | | and open to all applicants. Any examination and testing | 10 | | procedure utilized under subsection (e) of this Section shall | 11 | | be supported by appropriate validation evidence and shall | 12 | | comply with all applicable state and federal laws. Any | 13 | | subjective component of the testing must be administered by | 14 | | certified assessors. All qualifying and disqualifying factors | 15 | | applicable to examination processes for local commissions in | 16 | | this amendatory Act of the 97th General Assembly shall be | 17 | | applicable to persons participating in Joint Labor and | 18 | | Management Committee examinations unless specifically provided | 19 | | otherwise in this Section. | 20 | | Notice of the time, place, general scope, and fee of every | 21 | | JLMC examination shall be given by the JLMC or designated | 22 | | testing agency, as applicable, by a publication at least 30 | 23 | | days preceding the examination, in one or more newspapers | 24 | | published in the region, or if no newspaper is published | 25 | | therein, then in one or more newspapers with a general | 26 | | circulation within the region. The JLMC may publish the notice |
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| 1 | | on the JLMC's Internet website. Additional notice of the | 2 | | examination may be given as the JLMC shall prescribe. | 3 | | (d) Examination and testing components for placement on | 4 | | register of eligibles. The examination and qualifying | 5 | | standards for placement on the master register of eligibles | 6 | | and employment shall be based on the following components: | 7 | | mental aptitude, physical ability, preferences, moral | 8 | | character, and health. The mental aptitude, physical ability, | 9 | | and preference components shall determine an applicant's | 10 | | qualification for and placement on the master register of | 11 | | eligibles. The consideration of an applicant's general moral | 12 | | character and health shall be administered on a pass-fail | 13 | | basis after a conditional offer of employment is made by a | 14 | | local commission. | 15 | | (e) Mental aptitude. Examination of an applicant's mental | 16 | | aptitude shall be based upon written examination and an | 17 | | applicant's prior experience demonstrating an aptitude for and | 18 | | commitment to service as a member of a fire department. | 19 | | Written examinations shall be practical in character and | 20 | | relate to those matters that fairly test the capacity of the | 21 | | persons examined to discharge the duties performed by members | 22 | | of a fire department. Written examinations shall be | 23 | | administered in a manner that ensures the security and | 24 | | accuracy of the scores achieved. Any subjective component of | 25 | | the testing must be administered by certified assessors. No | 26 | | person who does not possess a high school diploma or an |
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| 1 | | equivalent high school education shall be placed on a register | 2 | | of eligibles. Local commissions may establish educational, | 3 | | emergency medical service licensure, and other pre-requisites | 4 | | for hire within their jurisdiction. | 5 | | (f) Physical ability. All candidates shall be required to | 6 | | undergo an examination of their physical ability to perform | 7 | | the essential functions included in the duties they may be | 8 | | called upon to perform as a member of a fire department. For | 9 | | the purposes of this Section, essential functions of the job | 10 | | are functions associated with duties that a firefighter may be | 11 | | called upon to perform in response to emergency calls. The | 12 | | frequency of the occurrence of those duties as part of the fire | 13 | | department's regular routine shall not be a controlling factor | 14 | | in the design of examination criteria or evolutions selected | 15 | | for testing. These physical examinations shall be open, | 16 | | competitive, and based on industry standards designed to test | 17 | | each applicant's physical abilities in each of the following | 18 | | dimensions: | 19 | | (1) Muscular strength to perform tasks and evolutions | 20 | | that may be required in the performance of duties | 21 | | including grip strength, leg strength, and arm strength. | 22 | | Tests shall be conducted under anaerobic as well as | 23 | | aerobic conditions to test both the candidate's speed and | 24 | | endurance in performing tasks and evolutions. Tasks tested | 25 | | are to be based on industry standards developed by the | 26 | | JLMC by rule. |
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| 1 | | (2) The ability to climb ladders, operate from | 2 | | heights, walk or crawl in the dark along narrow and uneven | 3 | | surfaces, and operate in proximity to hazardous | 4 | | environments. | 5 | | (3) The ability to carry out critical, time-sensitive, | 6 | | and complex problem solving during physical exertion in | 7 | | stressful and hazardous environments. The testing | 8 | | environment may be hot and dark with tightly enclosed | 9 | | spaces, flashing lights, sirens, and other distractions. | 10 | | The tests utilized to measure each applicant's
| 11 | | capabilities in each of these dimensions may be tests based on
| 12 | | industry standards currently in use or equivalent tests | 13 | | approved by the Joint Labor-Management Committee of the Office | 14 | | of the State Fire Marshal. | 15 | | (g) Scoring of examination components. The examination | 16 | | components shall be graded on a 100-point scale. A person's | 17 | | position on the master register of eligibles shall be | 18 | | determined by the person's score on the written examination, | 19 | | the person successfully passing the physical ability | 20 | | component, and the addition of any applicable preference | 21 | | points. | 22 | | Applicants who have achieved at least the minimum score as | 23 | | set by the JLMC, and who successfully pass the physical | 24 | | ability examination shall be placed on the initial eligibility | 25 | | register. Minimum scores should be set by the commission so as | 26 | | to demonstrate a candidate's ability to perform the essential |
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| 1 | | functions of the job. The minimum score set by the commission | 2 | | shall be supported by appropriate validation evidence and | 3 | | shall comply with all applicable State and federal laws. | 4 | | Applicable preference points shall be added to the written | 5 | | examination scores for all applicants who qualify for the | 6 | | initial eligibility register. Applicants who score at or above | 7 | | the minimum passing score as set by the JLMC, including any | 8 | | applicable preference points, shall be placed on the master | 9 | | register 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 | 19 | | to 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 |
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| 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 | 4 | | scores 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 | | Applicants shall be subject to the local commission's initial | 25 | | hire background review including criminal history, employment | 26 | | history, moral character, oral examination, and medical |
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| 1 | | examinations which may include polygraph, psychological, and | 2 | | drug screening components, all on a pass-fail basis. The | 3 | | medical examinations must be conducted last, and may only be | 4 | | performed after a conditional offer of employment has been | 5 | | 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 | 9 | | for placement on the master register of eligibles shall be | 10 | | entitled to offer employment to any person on the list | 11 | | irrespective of their ranking on the list. The offer of | 12 | | employment shall be to the position of firefighter apprentice | 13 | | or 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 | 13 | | of 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 | 4 | | the apprentice), the local commission shall issue the | 5 | | apprentice a certificate of original appointment to the fire | 6 | | department. | 7 | | (k) A person who knowingly divulges or receives test | 8 | | questions or answers before a written examination, or | 9 | | otherwise knowingly violates or subverts any requirement of | 10 | | this Section, commits a violation of this Section and may be | 11 | | subject to charges for official misconduct. | 12 | | A person who is the knowing recipient of test information | 13 | | in advance of the examination shall be disqualified from the | 14 | | examination or discharged from the position to which he or she | 15 | | was appointed, as applicable, and otherwise subjected to | 16 | | disciplinary actions. | 17 | | (l) Applicability. This Section does not apply to a | 18 | | municipality with more than 1,000,000 inhabitants.
| 19 | | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; | 20 | | 98-760, eff. 7-16-14 .) | 21 | | Section 10. The Fire Protection District Act is amended by | 22 | | changing Section 16.06c as follows: | 23 | | (70 ILCS 705/16.06c) | 24 | | Sec. 16.06c. Alternative procedure; original appointment; |
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| 1 | | full-time firefighter. | 2 | | (a) Authority. The Joint Labor and Management Committee | 3 | | (JLMC), as defined in Section 50 of the Fire Department | 4 | | Promotion Act, may establish a community outreach program to | 5 | | market the profession of firefighter and firefighter-paramedic | 6 | | so as to ensure the pool of applicants recruited is of broad | 7 | | diversity and the highest quality. Nothing in this Section | 8 | | requires that the Joint Labor and Management Committee | 9 | | establish or operate the community outreach program or master | 10 | | register of eligibles, or to contract with a testing agency to | 11 | | establish or operate such program or register, unless the | 12 | | Joint Labor and Management Committee chooses to do so. | 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 97th General Assembly appointed | 16 | | to a fire department or fire protection district or employed | 17 | | by 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 | | (b) Eligibility. Persons eligible for placement on the | 26 | | master register of eligibles shall consist of the following: |
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| 1 | | Persons who have participated in and received a | 2 | | passing total score on the mental aptitude, physical | 3 | | ability, and preference components of a regionally | 4 | | administered test based on the standards described in this | 5 | | Section. The standards for administering these tests and | 6 | | the minimum passing score required for placement on this | 7 | | list shall be as is set forth in this Section. | 8 | | Qualified candidates shall be listed on the master | 9 | | register of eligibles in highest to lowest rank order | 10 | | based upon their test scores without regard to their date | 11 | | of examination. Candidates listed on the master register | 12 | | of eligibles shall be eligible for appointment for 2 years | 13 | | after the date of the certification of their final score | 14 | | on the register without regard to the date of their | 15 | | examination. After 2 years, the candidate's name shall be | 16 | | struck from the list. | 17 | | Any person currently employed as a full-time member of | 18 | | a fire department or any person who has experienced a | 19 | | non-voluntary (and non-disciplinary) separation from the | 20 | | active workforce due to a reduction in the number of | 21 | | departmental officers, who was appointed pursuant to | 22 | | Division 1 of Article 10 of the Illinois Municipal Code, | 23 | | Division 2.1 of Article 10 of the Illinois Municipal Code, | 24 | | or the Fire Protection District Act, and who during the | 25 | | previous 24 months participated in and received a passing | 26 | | score on the physical ability and mental aptitude |
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| 1 | | components of the test may request that his or her name be | 2 | | added to the master register. Any eligible person may be | 3 | | offered employment by a local commission under the same | 4 | | procedures as provided by this Section except that the | 5 | | apprenticeship period may be waived and the applicant may | 6 | | be immediately issued a certificate of original | 7 | | appointment by the local commission. | 8 | | (c) Qualifications for placement on register of eligibles. | 9 | | The purpose for establishing a master register of eligibles | 10 | | shall be to identify applicants who possess and demonstrate | 11 | | the mental aptitude and physical ability to perform the duties | 12 | | required of members of the fire department in order to provide | 13 | | the highest quality of service to the public. To this end, all | 14 | | applicants for original appointment to an affected fire | 15 | | department through examination conducted by the Joint Labor | 16 | | and Management Committee (JLMC) shall be subject to | 17 | | examination and testing which shall be public, competitive, | 18 | | and open to all applicants. Any examination and testing | 19 | | procedure utilized under subsection (e) of this Section shall | 20 | | be supported by appropriate validation evidence and shall | 21 | | comply with all applicable state and federal laws. Any | 22 | | subjective component of the testing must be administered by | 23 | | certified assessors. All qualifying and disqualifying factors | 24 | | applicable to examination processes for local commissions in | 25 | | this amendatory Act of the 97th General Assembly shall be | 26 | | applicable to persons participating in Joint Labor and |
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| 1 | | Management Committee examinations unless specifically provided | 2 | | otherwise in this Section. | 3 | | Notice of the time, place, general scope, and fee of every | 4 | | JLMC examination shall be given by the JLMC or designated | 5 | | testing agency, as applicable, by a publication at least 30 | 6 | | days preceding the examination, in one or more newspapers | 7 | | published in the region, or if no newspaper is published | 8 | | therein, then in one or more newspapers with a general | 9 | | circulation within the region. The JLMC may publish the notice | 10 | | on the JLMC's Internet website. 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 | 15 | | and employment shall be based on the following components: | 16 | | mental aptitude, physical ability, preferences, moral | 17 | | character, and health. The mental aptitude, physical ability, | 18 | | and preference components shall determine an applicant's | 19 | | qualification for and placement on the master register of | 20 | | eligibles. The consideration of an applicant's general moral | 21 | | character and health shall be administered on a pass-fail | 22 | | basis after a conditional offer of employment is made by a | 23 | | local commission. | 24 | | (e) Mental aptitude. Examination of an applicant's mental | 25 | | aptitude shall be based upon written examination and an | 26 | | applicant's prior experience demonstrating an aptitude for and |
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| 1 | | commitment to service as a member of a fire department. | 2 | | Written examinations shall be practical in character and | 3 | | relate to those matters that fairly test the capacity of the | 4 | | persons examined to discharge the duties performed by members | 5 | | of a fire department. Written examinations shall be | 6 | | administered in a manner that ensures the security and | 7 | | accuracy of the scores achieved. Any subjective component of | 8 | | the testing must be administered by certified assessors. No | 9 | | person who does not possess a high school diploma or an | 10 | | equivalent high school education shall be placed on a register | 11 | | of eligibles. Local commissions may establish educational, | 12 | | emergency medical service licensure, and other pre-requisites | 13 | | for hire within their jurisdiction. | 14 | | (f) Physical ability. All candidates shall be required to | 15 | | undergo an examination of their physical ability to perform | 16 | | the essential functions included in the duties they may be | 17 | | called upon to perform as a member of a fire department. For | 18 | | the purposes of this Section, essential functions of the job | 19 | | are 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 each of the following |
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| 1 | | dimensions: | 2 | | (1) Muscular strength to perform tasks and evolutions | 3 | | that may be required in the performance of duties | 4 | | including grip strength, leg strength, and arm strength. | 5 | | Tests shall be conducted under anaerobic as well as | 6 | | aerobic conditions to test both the candidate's speed and | 7 | | endurance in performing tasks and evolutions. Tasks tested | 8 | | are to be based on industry standards developed by the | 9 | | JLMC by rule. | 10 | | (2) The ability to climb ladders, operate from | 11 | | heights, walk or crawl in the dark along narrow and uneven | 12 | | surfaces, and operate in proximity to hazardous | 13 | | environments. | 14 | | (3) The ability to carry out critical, time-sensitive, | 15 | | and complex problem solving during physical exertion in | 16 | | stressful and hazardous environments. The testing | 17 | | environment may be hot and dark with tightly enclosed | 18 | | spaces, flashing lights, sirens, and other distractions. | 19 | | The tests utilized to measure each applicant's
| 20 | | capabilities in each of these dimensions may be tests based on
| 21 | | industry standards currently in use or equivalent tests | 22 | | approved by the Joint Labor-Management Committee of the Office | 23 | | of the State Fire Marshal. | 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 master register of eligibles shall be |
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| 1 | | determined by the person's score on the written examination, | 2 | | the person successfully passing the physical ability | 3 | | component, and the addition of any applicable preference | 4 | | points. | 5 | | Applicants who have achieved at least the minimum score as | 6 | | set by the JLMC on the written examination, and who | 7 | | successfully pass the physical ability examination shall be | 8 | | placed on the initial eligibility register. Minimum
scores | 9 | | should be set by the JLMC so as to demonstrate a candidate's | 10 | | ability to perform the essential functions of the job. The | 11 | | minimum score set by the JLMC shall be supported by | 12 | | appropriate validation evidence and shall comply with all | 13 | | applicable state and federal laws. Applicable preference | 14 | | points shall be added to the written examination scores for | 15 | | all applicants who qualify for the initial eligibility | 16 | | register. Applicants who score at or above the minimum passing | 17 | | score as set by the JLMC, including any applicable preference | 18 | | points, shall be placed on the master register of eligibles by | 19 | | the JLMC. | 20 | | These persons shall take rank upon the register as | 21 | | candidates in the order of their relative excellence based on | 22 | | the highest to the lowest total points scored on the mental | 23 | | aptitude and physical ability components, plus any applicable | 24 | | preference points requested and verified by the JLMC, or | 25 | | approved testing agency. | 26 | | No more than 60 days after each examination, a revised |
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| 1 | | master register of eligibles shall be posted by the JLMC | 2 | | showing the final grades of the candidates without reference | 3 | | to priority of time of examination. | 4 | | (h) Preferences. The board shall give military, education, | 5 | | and experience preference points to those who qualify for | 6 | | placement on the master register of eligibles, on the same | 7 | | basis as provided for examinations administered by a local | 8 | | commission. | 9 | | No person entitled to preference or credit shall be | 10 | | required to claim the credit before any examination held under | 11 | | the provisions of this Section. The preference shall be given | 12 | | after the posting or publication of the applicant's initial | 13 | | score at the request of the person before finalizing the | 14 | | scores from all applicants taking part in a JLMC examination. | 15 | | Candidates who are eligible for preference credit shall make a | 16 | | claim in writing within 10 days after the posting of the | 17 | | initial scores from any JLMC test or the claim shall be deemed | 18 | | waived. Once preference points are awarded, the candidates | 19 | | shall be certified to the master register in accordance with | 20 | | their final score including preference points. | 21 | | (i) Firefighter apprentice and firefighter-paramedic | 22 | | apprentice. The employment of an applicant to an apprentice | 23 | | position (including a currently employed full-time member of a | 24 | | fire department whose apprenticeship may be reduced or waived) | 25 | | shall be subject to the applicant passing the moral character | 26 | | standards and health examinations of the local commission. In |
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| 1 | | addition, a local commission may require as a condition of | 2 | | employment that the applicant demonstrate current physical | 3 | | ability by either passing the local commission's approved | 4 | | physical ability examination, or by presenting proof of | 5 | | participating in and receiving a passing score on the physical | 6 | | ability component of a JLMC test within a period of up to 12 | 7 | | months before the date of the conditional offer of employment. | 8 | | Applicants shall be subject to the local commission's initial | 9 | | hire background review including criminal history, employment | 10 | | history, moral character, oral examination, and medical | 11 | | examinations which may include polygraph, psychological, and | 12 | | drug screening components, all on a pass-fail basis. The | 13 | | medical examinations must be conducted last, and may only be | 14 | | performed after a conditional offer of employment has been | 15 | | extended. | 16 | | (j) Selection from list. Any municipality or fire | 17 | | protection district that is a party to an intergovernmental | 18 | | agreement under the terms of which persons have been tested | 19 | | for placement on the master register of eligibles shall be | 20 | | entitled to offer employment to any person on the list | 21 | | irrespective of their ranking on the list. The offer of | 22 | | employment shall be to the position of firefighter apprentice | 23 | | or firefighter-paramedic apprentice. | 24 | | Applicants passing these tests may be employed as a | 25 | | firefighter apprentice or a firefighter-paramedic apprentice | 26 | | who shall serve an apprenticeship period of 12 months or less |
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| 1 | | according to the terms and conditions of employment as the | 2 | | employing municipality or district offers, or as provided for | 3 | | under the terms of any collective bargaining agreement then in | 4 | | effect. The apprenticeship period is separate from the | 5 | | probationary period. | 6 | | Service during the apprenticeship period shall be on a | 7 | | probationary basis. During the apprenticeship period, the | 8 | | apprentice's training and performance shall be monitored and | 9 | | evaluated by a Joint Apprenticeship Committee. | 10 | | The Joint Apprenticeship Committee shall consist of 4 | 11 | | members who shall be regular members of the fire department | 12 | | with at least 10 years of full-time work experience as a | 13 | | firefighter or firefighter-paramedic. The fire chief and the | 14 | | president of the exclusive bargaining representative | 15 | | recognized by the employer shall each appoint 2 members to the | 16 | | Joint Apprenticeship Committee. In the absence of an exclusive | 17 | | collective bargaining representative, the chief shall appoint | 18 | | the remaining 2 members who shall be from the ranks of company | 19 | | officer and firefighter with at least 10 years of work | 20 | | experience as a firefighter or firefighter-paramedic. In the | 21 | | absence of a sufficient number of qualified firefighters, the | 22 | | Joint Apprenticeship Committee members shall have the amount | 23 | | of experience and the type of qualifications as is reasonable | 24 | | given the circumstances of the fire department. In the absence | 25 | | of a full-time member in a rank between chief and the highest | 26 | | rank in a bargaining unit, the Joint Apprenticeship Committee |
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| 1 | | shall be reduced to 2 members, one to be appointed by the chief | 2 | | and one by the union president, if any. If there is no | 3 | | exclusive bargaining representative, the chief shall appoint | 4 | | the second member of the Joint Apprenticeship Committee from | 5 | | among qualified members in the ranks of company officer and | 6 | | below. Before the conclusion of the apprenticeship period, the | 7 | | Joint Apprenticeship Committee shall meet to consider the | 8 | | apprentice's progress and performance and vote to retain the | 9 | | apprentice as a member of the fire department or to terminate | 10 | | the apprenticeship. If 3 of the 4 members of the Joint | 11 | | Apprenticeship Committee affirmatively vote to retain the | 12 | | apprentice (if a 2 member Joint Apprenticeship Committee | 13 | | exists, then both members must affirmatively vote to retain | 14 | | the apprentice), the local commission shall issue the | 15 | | apprentice a certificate of original appointment to the fire | 16 | | department. | 17 | | (k) A person who knowingly divulges or receives test | 18 | | questions or answers before a written examination, or | 19 | | otherwise knowingly violates or subverts any requirement of | 20 | | this Section, commits a violation of this Section and may be | 21 | | subject to 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 | | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; | 2 | | 98-760, eff. 7-16-14 .)
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