Public Act 095-0490
 
SB0834 Enrolled LRB095 05543 HLH 25633 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Municipal Code is amended by
changing Sections 10-1-14 and 10-2.1-4 as follows:
 
    (65 ILCS 5/10-1-14)  (from Ch. 24, par. 10-1-14)
    Sec. 10-1-14. The head of the department or office in which
a position classified under this Division 1 is to be filled
shall notify the commission of that fact, and the commission
shall certify to the appointing officer the name and address of
the candidate standing highest upon the register for the class
or grade to which the position belongs. However, in cases of
laborers where a choice by competition is impracticable, the
commission may provide by its rules that the selections shall
be made by lot from among those candidates proved fit by
examination, but laborers who have previously been in the
service and were removed because their services were no longer
required, shall be preferred, and be reinstated before other
laborers are given positions, preference being given to those
who have had the longest term of service, and laborers in the
employ of the municipality on July 1, 1949, who, as of such
date, have been employed under temporary authority for 3 years
or more or during parts of 3 or more calendar years, shall be
preferred also, and shall be placed upon the register for such
positions without examination and shall be certified before
other laborers are given positions, preference being given to
those laborers under temporary authority who have had the
longest term of service in such positions. In making such
certification, sex shall be disregarded. The appointing
officer shall notify the commission of each position to be
filled, separately, and shall fill such place by the
appointment of the person certified to him or her by the
commission therefor. Original appointment shall be on
probation for a period not to exceed 6 months to be fixed by
the rules but all time spent in attending training schools and
seminars, except on-the-job training conducted by local Fire
Department personnel, shall be excluded in calculating the
probation period; provided that in municipalities with a
population of more than 500,000 inhabitants, original
appointment to the police department shall be on probation for
a period not to exceed 9 months to be fixed by the rules of the
department. The commission may strike off names of candidates
from the register after they have remained thereon more than 2
years. At or before the expiration of the period of probation,
the head of the department or office in which a candidate is
employed may, by and with the consent of the commission,
discharge him or her upon assigning in writing his or her
reason therefor to the commission. If he or she is not then
discharged, his or her appointment shall be deemed complete. To
prevent the stoppage of public business, or to meet
extraordinary exigencies, the head of any department or office
may, with the approval of the commission, make temporary
appointment to remain in force not exceeding 120 days, and only
until regular appointments under the provisions of this
Division 1 can be made. In any municipal fire department that
employs full-time firefighters and is subject to a collective
bargaining agreement, a person who has not qualified for
regular appointment under the provisions of this Division 1
shall not be used as a temporary or permanent substitute for
classified members of a municipality's fire department or for
regular appointment as a classified member of a municipality's
fire department unless mutually agreed to by the employee's
certified bargaining agent. Such agreement shall be considered
a permissive subject of bargaining. Municipal fire departments
covered by the changes made by this amendatory Act of the 95th
General Assembly that are using non-certificated employees as
substitutes immediately prior to the effective date of this
amendatory Act of the 95th General Assembly may, by mutual
agreement with the certified bargaining agent, continue the
existing practice or a modified practice and that agreement
shall be considered a permissive subject of bargaining. A home
rule unit may not regulate the hiring of temporary or
substitute members of the municipality's fire department in a
manner that is inconsistent with this Section. This Section is
a limitation under subsection (i) of Section 6 of Article VII
of the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.
(Source: P.A. 80-1364.)
 
    (65 ILCS 5/10-2.1-4)  (from Ch. 24, par. 10-2.1-4)
    Sec. 10-2.1-4. Fire and police departments; Appointment of
members; Certificates of appointments.
    The board of fire and police commissioners shall appoint
all officers and members of the fire and police departments of
the municipality, including the chief of police and the chief
of the fire department, unless the council or board of trustees
shall by ordinance as to them otherwise provide; except as
otherwise provided in this Section, and except that in any
municipality which adopts or has adopted this Division 2.1 and
also adopts or has adopted Article 5 of this Code, the chief of
police and the chief of the fire department shall be appointed
by the municipal manager, if it is provided by ordinance in
such municipality that such chiefs, or either of them, shall
not be appointed by the board of fire and police commissioners.
    If the chief of the fire department or the chief of the
police department or both of them are appointed in the manner
provided by ordinance, they may be removed or discharged by the
appointing authority. In such case the appointing authority
shall file with the corporate authorities the reasons for such
removal or discharge, which removal or discharge shall not
become effective unless confirmed by a majority vote of the
corporate authorities.
    If a member of the department is appointed chief of police
or chief of the fire department prior to being eligible to
retire on pension, he shall be considered as on furlough from
the rank he held immediately prior to his appointment as chief.
If he resigns as chief or is discharged as chief prior to
attaining eligibility to retire on pension, he shall revert to
and be established in whatever rank he currently holds, except
for previously appointed positions, and thereafter be entitled
to all the benefits and emoluments of that rank, without regard
as to whether a vacancy then exists in that rank.
    All appointments to each department other than that of the
lowest rank, however, shall be from the rank next below that to
which the appointment is made except as otherwise provided in
this Section, and except that the chief of police and the chief
of the fire department may be appointed from among members of
the police and fire departments, respectively, regardless of
rank, unless the council or board of trustees shall have by
ordinance as to them otherwise provided. A chief of police or
the chief of the fire department, having been appointed from
among members of the police or fire department, respectively,
shall be permitted, regardless of rank, to take promotional
exams and be promoted to a higher classified rank than he
currently holds, without having to resign as chief of police or
chief of the fire department.
    The sole authority to issue certificates of appointment
shall be vested in the Board of Fire and Police Commissioners
and all certificates of appointments issued to any officer or
member of the fire or police department of a municipality shall
be signed by the chairman and secretary respectively of the
board of fire and police commissioners of such municipality,
upon appointment of such officer or member of the fire and
police department of such municipality by action of the board
of fire and police commissioners. In any municipal fire
department that employs full-time firefighters and is subject
to a collective bargaining agreement, a person who has not
qualified for regular appointment under the provisions of this
Division 2.1 shall not be used as a temporary or permanent
substitute for classified members of a municipality's fire
department or for regular appointment as a classified member of
a municipality's fire department unless mutually agreed to by
the employee's certified bargaining agent. Such agreement
shall be considered a permissive subject of bargaining.
Municipal fire departments covered by the changes made by this
amendatory Act of the 95th General Assembly that are using
non-certificated employees as substitutes immediately prior to
the effective date of this amendatory Act of the 95th General
Assembly may, by mutual agreement with the certified bargaining
agent, continue the existing practice or a modified practice
and that agreement shall be considered a permissive subject of
bargaining. A home rule unit may not regulate the hiring of
temporary or substitute members of the municipality's fire
department in a manner that is inconsistent with this Section.
This Section is a limitation under subsection (i) of Section 6
of Article VII of the Illinois Constitution on the concurrent
exercise by home rule units of powers and functions exercised
by the State.
    The term "policemen" as used in this Division does not
include auxiliary police officers except as provided for in
Section 10-2.1-6.
    Any full time member of a regular fire or police department
of any municipality which comes under the provisions of this
Division or adopts this Division 2.1 or which has adopted any
of the prior Acts pertaining to fire and police commissioners,
is a city officer.
    Notwithstanding any other provision of this Section, the
Chief of Police of a department in a non-homerule municipality
of more than 130,000 inhabitants may, without the advice or
consent of the Board of Fire and Police Commissioners, appoint
up to 6 officers who shall be known as deputy chiefs or
assistant deputy chiefs, and whose rank shall be immediately
below that of Chief. The deputy or assistant deputy chiefs may
be appointed from any rank of sworn officers of that
municipality, but no person who is not such a sworn officer may
be so appointed. Such deputy chief or assistant deputy chief
shall have the authority to direct and issue orders to all
employees of the Department holding the rank of captain or any
lower rank. A deputy chief of police or assistant deputy chief
of police, having been appointed from any rank of sworn
officers of that municipality, shall be permitted, regardless
of rank, to take promotional exams and be promoted to a higher
classified rank than he currently holds, without having to
resign as deputy chief of police or assistant deputy chief of
police.
    Notwithstanding any other provision of this Section, a
non-homerule municipality of 130,000 or fewer inhabitants,
through its council or board of trustees, may, by ordinance,
provide for a position of deputy chief to be appointed by the
chief of the police department. The ordinance shall provide for
no more than one deputy chief position if the police department
has fewer than 25 full-time police officers and for no more
than 2 deputy chief positions if the police department has 25
or more full-time police officers. The deputy chief position
shall be an exempt rank immediately below that of Chief. The
deputy chief may be appointed from any rank of sworn, full-time
officers of the municipality's police department, but must have
at least 5 years of full-time service as a police officer in
that department. A deputy chief shall serve at the discretion
of the Chief and, if removed from the position, shall revert to
the rank currently held, without regard as to whether a vacancy
exists in that rank. A deputy chief of police, having been
appointed from any rank of sworn full-time officers of that
municipality's police department, shall be permitted,
regardless of rank, to take promotional exams and be promoted
to a higher classified rank than he currently holds, without
having to resign as deputy chief of police.
    No municipality having a population less than 1,000,000
shall require that any firefighter appointed to the lowest rank
serve a probationary employment period of longer than one year.
The limitation on periods of probationary employment provided
in this amendatory Act of 1989 is an exclusive power and
function of the State. Pursuant to subsection (h) of Section 6
of Article VII of the Illinois Constitution, a home rule
municipality having a population less than 1,000,000 must
comply with this limitation on periods of probationary
employment, which is a denial and limitation of home rule
powers. Notwithstanding anything to the contrary in this
Section, the probationary employment period limitation may be
extended for a firefighter who is required, as a condition of
employment, to be a certified paramedic, during which time the
sole reason that a firefighter may be discharged without a
hearing is for failing to meet the requirements for paramedic
certification.
(Source: P.A. 93-486, eff. 8-8-03; 94-135, eff. 7-7-05; 94-984,
eff. 6-30-06.)
 
    Section 10. The Fire Protection District Act is amended by
changing Section 16.06 as follows:
 
    (70 ILCS 705/16.06)  (from Ch. 127 1/2, par. 37.06)
    Sec. 16.06. Eligibility for positions in fire department;
disqualifications.
    (a) All applicants for a position in the fire department of
the fire protection district shall be under 35 years of age and
shall be subjected to examination, which shall be public,
competitive, and free to all applicants, subject to reasonable
limitations as to health, habits, and moral character; provided
that the foregoing age limitation shall not apply in the case
of any person having previous employment status as a fireman in
a regularly constituted fire department of any fire protection
district, and further provided that each fireman or fire chief
who is a member in good standing in a regularly constituted
fire department of any municipality which shall be or shall
have subsequently been included within the boundaries of any
fire protection district now or hereafter organized shall be
given a preference for original appointment in the same class,
grade or employment over all other applicants. The examinations
shall be practical in their character and shall relate to those
matters which will fairly test the persons examined as to their
relative capacity to discharge the duties of the positions to
which they seek appointment. The examinations shall include
tests of physical qualifications and health. No applicant,
however, shall be examined concerning his political or
religious opinions or affiliations. The examinations shall be
conducted by the board of fire commissioners.
    In any fire protection district that employs full-time
firefighters and is subject to a collective bargaining
agreement, a person who has not qualified for regular
appointment under the provisions of this Section shall not be
used as a temporary or permanent substitute for certificated
members of a fire district's fire department or for regular
appointment as a certificated member of a fire district's fire
department unless mutually agreed to by the employee's
certified bargaining agent. Such agreement shall be considered
a permissive subject of bargaining. Fire protection districts
covered by the changes made by this amendatory Act of the 95th
General Assembly that are using non-certificated employees as
substitutes immediately prior to the effective date of this
amendatory Act of the 95th General Assembly may, by mutual
agreement with the certified bargaining agent, continue the
existing practice or a modified practice and that agreement
shall be considered a permissive subject of bargaining.
    (b) No person shall be appointed to the fire department
unless he or she is a person of good character and not a person
who has been convicted of a felony in Illinois or convicted in
another jurisdiction for conduct that would be a felony under
Illinois law, or convicted of a crime involving moral
turpitude. No person, however, shall be disqualified from
appointment to the fire department because of his or her record
of misdemeanor convictions, except those under Sections 11-6,
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
(1), (6), and (8) of Section 24-1 of the Criminal Code of 1961.
(Source: P.A. 93-589, eff. 1-1-04.)