Illinois General Assembly - Illinois Compiled Statutes

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50 ILCS 742/20

(50 ILCS 742/20)

Sec. 20. Promotion lists.

(a) For the purpose of granting a promotion to any rank to which this Act
applies, the appointing authority shall from time to time, as necessary,
prepare a preliminary promotion list in accordance with this Act. The
preliminary promotion list shall be distributed, posted, or otherwise made
conveniently available by the appointing authority to all members of the
department.

(b) A person's position on the preliminary promotion list shall be
determined by a combination of factors which may include any of the following:
(i) the person's score on the written examination for that rank, determined in
accordance with Section 35; (ii) the person's seniority within the department,
determined in accordance with Section 40; (iii) the person's ascertained
merit, determined in accordance with Section 45; and (iv) the person's score on
the subjective evaluation, determined in accordance with Section 50.
Candidates shall be ranked on the list in rank order based on the highest to
the lowest total points scored on all of the components of the test.
Promotional components, as defined herein, shall be determined and
administered in accordance with the referenced Section, unless otherwise
modified or agreed to as provided by paragraph (1) or (2) of subsection (d)

of Section 10.  The use of physical criteria, including but not limited to
fitness testing, agility testing, and medical evaluations, is specifically
barred from the promotion process.

(c) A person on the preliminary promotion list who is eligible for a
veteran's
preference under the laws and agreements applicable to the department
may file a written application for that preference within 10 days after the
initial posting of the preliminary promotion list.  The preference shall be
calculated as provided under Section 55 and added to the total score
achieved by the candidate on the test.  The appointing authority shall then
make adjustments to the rank order of the preliminary promotion list based
on any veteran's preferences awarded.  The final adjusted promotion
list shall then be distributed, posted, or otherwise made conveniently
available by the appointing authority to all members of the department.

(d) Whenever a promotional rank is created or becomes vacant due to
resignation, discharge, promotion, death, or the granting of a disability or
retirement pension, or any other cause, the appointing authority shall appoint
to that position the person with the highest ranking on the final promotion
list for that rank, except that the appointing authority shall have the right
to pass over that person and appoint the next highest ranked person on the list
if the appointing authority has reason to conclude that the highest ranking
person has demonstrated substantial shortcomings in work performance or has
engaged in misconduct affecting the person's ability to perform the duties of
the promoted rank since the posting of the promotion list.  If the highest
ranking person is passed over, the appointing authority shall document its
reasons for its decision to select the next highest ranking person on the list.
 Unless the reasons for passing over the highest ranking person are not remediable, no person who is the highest ranking person on the list at the time
of the vacancy shall be passed over more than once.  Any dispute as to the
selection of the first or second highest-ranking person shall be subject to
resolution in accordance with any grievance procedure in effect covering the
employee.

A vacancy shall be deemed to occur in a position on the date upon which the
position is vacated, and on that same date, a vacancy shall occur in all ranks
inferior to that rank, provided that the position or positions continue to be
funded and authorized by the corporate authorities. If a vacated position is
not filled due to a lack of funding or authorization and is subsequently
reinstated, the final promotion list shall be continued in effect until all
positions vacated have been filled or for a period up to 5 years beginning from
the date on which the position was vacated.  In such event, the candidate or
candidates who would have otherwise been  promoted when the vacancy originally
occurred shall be promoted.

Any candidate may refuse a promotion once without losing his or her position
on the final adjusted promotion list.  Any candidate who refuses promotion a
second time shall be removed from the final adjusted promotion list, provided
that such action shall not prejudice a person's opportunities to participate in
future promotion examinations.

(e) A final adjusted promotion list shall remain valid and unaltered for a
period of not less than 2 nor more than 3 years after the date of the initial
posting.  Integrated lists are prohibited and when a list expires it shall be
void, except as provided in subsection (d) of this Section.  If a promotion
list is not in effect,  a successor list shall be prepared and distributed
within 180 days after a vacancy, as defined in subsection (d) of this Section.

(f) This Section 20 does not apply to the initial hiring list.

(Source: P.A. 95-956, eff. 8-29-08.)