Illinois General Assembly - Illinois Compiled Statutes

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50 ILCS 742/5

(50 ILCS 742/5)

Sec. 5. Definitions. In this Act:

"Affected department" or "department" means a full-time municipal fire
department that is subject to a collective bargaining agreement or the fire
department operated by a full-time fire protection district. The terms do not
include fire departments
operated by the State, a university, or any unit of local government other than a municipality or fire
protection district. The terms also do not include a combined department that
was providing both police and firefighting services on January 1, 2002.

"Appointing authority" means the Board of Fire and Police Commissioners,
Board of Fire Commissioners, Civil Service Commissioners, Superintendent
or Department Head, Fire Protection District Board of Trustees, or other
entity having the authority to administer and grant promotions in an affected
department.

"Promotion" means any appointment or advancement to a rank within the
affected department (1) for which an examination was required before January 1,
2002; (2) that is included within a bargaining unit; or (3) that is the next
rank immediately above the highest rank included within a bargaining unit,
provided such rank is not the only rank between the Fire Chief and the highest
rank included within the bargaining unit, or is a rank otherwise excepted under
item (i), (ii), (iii), (iv), or (v) of this definition. "Promotion" does not
include appointments (i) that are for fewer than 180 days; (ii) to the
positions
of Superintendent, Chief, or other chief executive officer; (iii) to an
exclusively administrative or executive rank for which an examination is not
required; (iv) to a rank that was exempted by a home rule municipality prior to
January 1, 2002, provided that after the effective date of this Act no home
rule municipality may exempt any future or existing ranks from the provisions
of this Act; or (v) to an administrative rank immediately below the
Superintendent, Chief, or other chief executive officer of an affected
department, provided such rank shall not be held by more than 2 persons and
there is a
promoted rank immediately below it. Notwithstanding the exceptions to the
definition of "promotion" set forth in items (i), (ii), (iii), (iv), and (v) of
this definition, promotions shall include any appointments to ranks covered by
the terms of a collective bargaining agreement in effect on the effective date
of this Act.

"Preliminary promotion list" means the rank order of eligible candidates
established in accordance with subsection (b) of  Section 20 prior to
applicable veteran's
preference points.  A person on the preliminary promotion list who is eligible
for veteran's preference under the laws and agreements applicable to the
appointing authority 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 in accordance with Section 55 and applied as
an addition to the person's total point score on the examination.  The
appointing authority shall make adjustments to the preliminary promotion
list based on any veteran's preference claimed and the final adjusted
promotion list shall then be posted by the appointing authority.

"Rank" means any position within the chain of command of a fire department to
which employees are regularly assigned to perform duties related to providing
fire suppression, fire prevention, or emergency services.

"Final adjusted promotion list" means the promotion list for the position
that is in effect on the date the position is created or the vacancy
occurs.  If there is no final adjusted promotion list in effect for that
position on that date, or if all persons on the current final adjusted
promotion list for that position refuse the promotion, the affected
department shall not make a permanent
promotion until a new final adjusted promotion list has been prepared in
accordance with this Act, but may make a temporary appointment to fill the
vacancy. Temporary appointments shall not exceed 180 days.

Each component of the promotional test shall be scored on a scale of 100
points.  The component scores shall then be reduced by the weighting factor
assigned to the component on the test and the scores of all components shall be
added to produce a total score based on a scale of 100 points.

(Source: P.A. 103-385, eff. 1-1-24.)