Illinois General Assembly - Full Text of Public Act 094-0135
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Public Act 094-0135


 

Public Act 0135 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0135
 
HB1500 Enrolled LRB094 07108 AJO 37253 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 10-1-7 and 10-2.1-4 as follows:
 
    (65 ILCS 5/10-1-7)  (from Ch. 24, par. 10-1-7)
    Sec. 10-1-7. Examination of applicants; disqualifications.
    (a) All applicants for offices or places in the classified
service, except those mentioned in Section 10-1-17, are subject
to examination. The examination shall be public, competitive,
and open to all citizens of the United States, with specified
limitations as to residence, age, health, habits and moral
character.
    (b) Residency requirements in effect at the time an
individual enters the fire or police service of a municipality
(other than a municipality that has more than 1,000,000
inhabitants) cannot be made more restrictive for that
individual during his or her period of service for that
municipality, or be made a condition of promotion, except for
the rank or position of Fire or Police Chief.
    (c) No person with a 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 or arrested for any cause but
not convicted on that cause shall be disqualified from taking
the examination on grounds of habits or moral character, unless
the person is attempting to qualify for a position on the
police department, in which case the conviction or arrest may
be considered as a factor in determining the person's habits or
moral character.
    (d) Persons entitled to military preference under Section
10-1-16 shall not be subject to limitations specifying age
unless they are applicants for a position as a fireman or a
policeman having no previous employment status as a fireman or
policeman in the regularly constituted fire or police
department of the municipality, in which case they must not
have attained their 35th birthday, except any person who has
served as an auxiliary policeman under Section 3.1-30-20 for at
least 5 years and is under 40 years of age.
    (e) All employees of a municipality of less than 500,000
population (except those who would be excluded from the
classified service as provided in this Division 1) who are
holding that employment as of the date a municipality adopts
this Division 1, or as of July 17, 1959, whichever date is the
later, and who have held that employment for at least 2 years
immediately before that later date, and all firemen and
policemen regardless of length of service who were either
appointed to their respective positions by the board of fire
and police commissioners under the provisions of Division 2 of
this Article or who are serving in a position (except as a
temporary employee) in the fire or police department in the
municipality on the date a municipality adopts this Division 1,
or as of July 17, 1959, whichever date is the later, shall
become members of the classified civil service of the
municipality without examination.
    (f) The examinations shall be practical in their character,
and shall relate to those matters that will fairly test the
relative capacity of the persons examined to discharge the
duties of the positions to which they seek to be appointed. The
examinations shall include tests of physical qualifications,
health, and (when appropriate) manual skill. If an applicant is
unable to pass the physical examination solely as the result of
an injury received by the applicant as the result of the
performance of an act of duty while working as a temporary
employee in the position for which he or she is being examined,
however, the physical examination shall be waived and the
applicant shall be considered to have passed the examination.
No questions in any examination shall relate to political or
religious opinions or affiliations. Results of examinations
and the eligible registers prepared from the results shall be
published by the commission within 60 days after any
examinations are held.
    (g) The commission shall control all examinations, and may,
whenever an examination is to take place, designate a suitable
number of persons, either in or not in the official service of
the municipality, to be examiners. The examiners shall conduct
the examinations as directed by the commission and shall make a
return or report of the examinations to the commission. If the
appointed examiners are in the official service of the
municipality, the examiners shall not receive extra
compensation for conducting the examinations. The commission
may at any time substitute any other person, whether or not in
the service of the municipality, in the place of any one
selected as an examiner. The commission members may themselves
at any time act as examiners without appointing examiners. The
examiners at any examination shall not all be members of the
same political party.
    (h) In municipalities of 500,000 or more population, no
person who has attained his or her 35th birthday shall be
eligible to take an examination for a position as a fireman or
a policeman unless the person has had previous employment
status as a policeman or fireman in the regularly constituted
police or fire department of the municipality, except as
provided in this Section.
    (i) In municipalities of more than 5,000 but not more than
200,000 inhabitants, no person who has attained his or her 35th
birthday shall be eligible to take an examination for a
position as a fireman or a policeman unless the person has had
previous employment status as a policeman or fireman in the
regularly constituted police or fire department of the
municipality, except as provided in this Section.
    (j) In all municipalities, applicants who are 20 years of
age and who have successfully completed 2 years of law
enforcement studies at an accredited college or university may
be considered for appointment to active duty with the police
department. An applicant described in this subsection (j) who
is appointed to active duty shall not have power of arrest, nor
shall the applicant be permitted to carry firearms, until he or
she reaches 21 years of age.
    (k) In municipalities of more than 500,000 population,
applications for examination for and appointment to positions
as firefighters or police shall be made available at various
branches of the public library of the municipality.
    (l) No municipality having a population less than 1,000,000
shall require that any fireman 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 shall not apply to a fireman whose position also
includes paramedic responsibilities.
(Source: P.A. 86-990; 87-1119.)
 
    (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.
    The term "policemen" as used in this Division does not
include auxiliary policemen 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 fireman 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 shall not apply to a fireman whose
position also includes paramedic responsibilities.
(Source: P.A. 93-486, eff. 8-8-03.)
 
    Section 10. The Fire Protection District Act is amended by
changing Section 16.13b as follows:
 
    (70 ILCS 705/16.13b)  (from Ch. 127 1/2, par. 37.13b)
    Sec. 16.13b. Unless the employer and a labor organization
have agreed to a contract provision providing for final and
binding arbitration of disputes concerning the existence of
just cause for disciplinary action, no officer or member of the
fire department of any protection district who has held that
position for one year shall be removed or discharged except for
just cause, upon written charges specifying the complainant and
the basis for the charges, and after a hearing on those charges
before the board of fire commissioners, affording the officer
or member an opportunity to be heard in his own defense. In
such case the appointing authority shall file with the board of
trustees the reasons for such removal or discharge, which
removal or discharge shall not become effective unless
confirmed by a majority vote of the board of trustees. If
written charges are brought against an officer or member, the
board of fire commissioners shall conduct a fair and impartial
hearing of the charges, to be commenced within 30 days of the
filing thereof, which hearing may be continued from time to
time. The Chief of the department shall bear the burden of
proving the guilt of the officer or member by a preponderance
of the evidence. In case an officer or member is found guilty,
the board may discharge him, or may suspend him not exceeding
30 calendar days without pay. The board may suspend any officer
or member pending the hearing with or without pay, but in no
event shall the suspension pending hearing and the ultimate
suspension imposed on the officer or member, if any, exceed 30
calendar days without pay in the aggregate. If the board of
fire commissioners determines that the charges are not
sustained, the officer or member shall be reimbursed for all
wages withheld or lost, if any. In the conduct of this hearing,
each member of the board shall have power to secure by its
subpoena both the attendance and testimony of witnesses and the
production of books and papers relevant to the hearing.
    Notwithstanding any other provision of this Section, a
probationary employment period may be extended beyond one year
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.
    The age for mandatory retirement of firemen in the service
of any department of such district is 65 years, unless the
board of trustees shall by ordinance provide for an earlier
mandatory retirement age of not less than 60 years.
    The provisions of the Administrative Review Law, and all
amendments and modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for
the judicial review of final administrative decisions of the
board of fire commissioners hereunder. The term
"administrative decision" is defined as in Section 3-101 of the
Code of Civil Procedure.
    Nothing in this Section shall be construed to prevent the
Chief of the fire department from suspending without pay a
member of his department for a period of not more than 5
consecutive calendar days, but he shall notify the board in
writing of such suspension. Any fireman so suspended may appeal
to the board of fire commissioners for a review of the
suspension within 5 calendar days after such suspension. Upon
such appeal, the Chief of the department shall bear the burden
of proof in establishing the guilt of the officer or member by
a preponderance of the evidence. The board may sustain the
action of the Chief of the department, may reduce the
suspension to a lesser penalty, or may reverse it with
instructions that the officer or member receive his pay and
other benefits withheld for the period involved, or may suspend
the officer for an additional period of not more than 30 days,
or discharge him, depending upon the facts presented.
(Source: P.A. 86-562.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/7/2005