|
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB1768 Introduced 2/9/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/2A-56 new | | 65 ILCS 5/3.1-15-5 | from Ch. 24, par. 3.1-15-5 | 65 ILCS 5/3.1-15-11 new | | 65 ILCS 5/3.1-15-15 | from Ch. 24, par. 3.1-15-15 | 65 ILCS 5/10-1-7 | from Ch. 24, par. 10-1-7 | 65 ILCS 5/10-2.1-4 | from Ch. 24, par. 10-2.1-4 | 65 ILCS 5/10-2.1-6 | from Ch. 24, par. 10-2.1-6 | 65 ILCS 5/10-2.1-17 | from Ch. 24, par. 10-2.1-17 |
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Amends the Illinois Municipal Code. Provides that the position of police chief shall be elected by the registered voters of each municipality with a police department starting at the 2024 general election. Provides that a police chief shall enter upon the duties of his or her office on the December 1 following his or her election, and, on December 1, 2024, the term of any appointed police chief expires. Establishes qualifications for police chiefs. Makes conforming changes. Amends the Election Code to make conforming changes. Effective immediately, except that the changes to the Civil Service In Cities Division and the Board Of Fire and Police Commissioners Division of the Illinois Municipal Code take effect on December 1, 2024.
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| | A BILL FOR |
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1 | | AN ACT concerning local government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Election Code is amended by adding Section |
5 | | 2A-56 as follows: |
6 | | (10 ILCS 5/2A-56 new) |
7 | | Sec. 2A-56. Police chief; time of election. The police |
8 | | chief of each municipality shall be elected at the general |
9 | | election in 2024 and at the general election every 4 years |
10 | | thereafter. |
11 | | Section 10. The Illinois Municipal Code is amended by |
12 | | changing Sections 3.1-15-5, 3.1-15-15, 10-1-7, 10-2.1-4, |
13 | | 10-2.1-6, and 10-2.1-17 and by adding Section 3.1-15-11 as |
14 | | follows:
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15 | | (65 ILCS 5/3.1-15-5) (from Ch. 24, par. 3.1-15-5)
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16 | | Sec. 3.1-15-5. Officers to be elected. In all cities |
17 | | incorporated
under this Code there shall be elected a mayor, |
18 | | alderpersons, a city clerk, and a
city treasurer (except in |
19 | | the case of a city of 10,000 or fewer inhabitants
that, by |
20 | | ordinance, allows for the appointment of a city treasurer by |
21 | | the
mayor, subject to the advice and consent of the city |
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1 | | council) , and a police chief . In all villages
and incorporated |
2 | | towns, there shall be elected a president, trustees, and a
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3 | | clerk, and a police chief, except as otherwise provided in |
4 | | this Code. A police chief shall only be elected if the |
5 | | municipality has a police department.
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6 | | (Source: P.A. 102-15, eff. 6-17-21.)
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7 | | (65 ILCS 5/3.1-15-11 new) |
8 | | Sec. 3.1-15-11. Police chief. |
9 | | (a) The position of police chief shall be elected by the |
10 | | registered voters of each municipality with a police |
11 | | department starting the 2024 general election. The police |
12 | | chief shall enter upon the duties of his or her office on the |
13 | | December 1 following his or her election. On December 1, 2024, |
14 | | the term of any appointed police chief expires. |
15 | | (b) A person is not eligible to be elected or appointed to |
16 | | the office of police chief unless that person: |
17 | | (1) is a United States citizen; |
18 | | (2) has been a resident of the municipality for at |
19 | | least one year; |
20 | | (3) has not been convicted of a felony; and |
21 | | (4) has a certificate attesting to his or her |
22 | | successful completion of the Minimum Standards Basic Law |
23 | | Enforcement Officers Training Course as prescribed by the |
24 | | Illinois Law Enforcement Training Standards Board or a |
25 | | substantially similar training program of another state or |
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1 | | the federal government.
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2 | | (65 ILCS 5/3.1-15-15) (from Ch. 24, par. 3.1-15-15)
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3 | | Sec. 3.1-15-15. Holding other offices. A mayor, president, |
4 | | alderperson, trustee, clerk, or
treasurer , or police chief |
5 | | shall not hold
any other office under the municipal government |
6 | | during
the term of that office, except when the officer is |
7 | | granted a leave of absence
from that office or
except as |
8 | | otherwise provided in Sections 3.1-10-50, 3.1-35-135, and |
9 | | 8-2-9.1.
Moreover, an officer may serve as a volunteer fireman |
10 | | and receive compensation
for
that service.
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11 | | (Source: P.A. 102-15, eff. 6-17-21.)
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12 | | (65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
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13 | | Sec. 10-1-7. Examination of applicants; disqualifications.
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14 | | (a) All applicants for offices or places in the classified |
15 | | service, except
those mentioned in Section 10-1-17, are |
16 | | subject to examination. The
examination shall be public, |
17 | | competitive, and open to all citizens of the
United States, |
18 | | with specified limitations as to residence, age, health, |
19 | | habits
and moral character.
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20 | | (b) Residency requirements in effect at the time an |
21 | | individual enters the
fire or police service of a municipality |
22 | | (other than a municipality that
has more than 1,000,000 |
23 | | inhabitants) cannot be made more restrictive
for that |
24 | | individual during his or her period of service for that |
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1 | | municipality,
or be made a condition of promotion, except for |
2 | | the rank or position of Fire or
Police Chief.
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3 | | (c) No person with a record of misdemeanor convictions |
4 | | except
those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, |
5 | | 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, |
6 | | 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, |
7 | | 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions |
8 | | (a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1), |
9 | | (6), and
(8) of subsection (a) of Section 24-1 of the Criminal |
10 | | Code of 1961 or the Criminal Code of 2012 or arrested for any |
11 | | cause but
not convicted on that cause shall be disqualified |
12 | | from taking the examination
on grounds of habits or moral |
13 | | character, unless the person is attempting to
qualify for a |
14 | | position on the police department, in which case the |
15 | | conviction
or arrest may be considered as a factor in |
16 | | determining the person's habits or
moral character.
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17 | | (d) Persons entitled to military preference under Section |
18 | | 10-1-16
shall not be subject to limitations specifying age |
19 | | unless they are
applicants for a position as a fireman or a |
20 | | policeman having no previous
employment status as a fireman or |
21 | | policeman in the regularly constituted
fire or police |
22 | | department of the municipality, in which case they must not
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23 | | have attained their 35th birthday, except any person who has |
24 | | served as an
auxiliary police officer under Section 3.1-30-20 |
25 | | for at least 5 years and is
under 40 years of age.
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26 | | (e) All employees of a municipality of less than 500,000 |
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1 | | population (except
those who would be excluded from the |
2 | | classified service as provided in this
Division 1) who are |
3 | | holding that employment as of the date a municipality
adopts |
4 | | this Division 1, or as of July 17, 1959, whichever date is the |
5 | | later,
and who have held that employment for at least 2 years |
6 | | immediately before that
later date, and all firemen and |
7 | | policemen regardless of length of service who
were either |
8 | | appointed to their respective positions by the board of fire |
9 | | and
police commissioners under the provisions of Division 2 of |
10 | | this Article or who
are serving in a position (except as a |
11 | | temporary employee) in the fire or
police department in the |
12 | | municipality on the date a municipality adopts
this Division |
13 | | 1, or as of July 17, 1959, whichever date is the later, shall
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14 | | become members of the classified civil service of the |
15 | | municipality
without examination.
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16 | | (f) The examinations shall be practical in their |
17 | | character, and shall
relate to those matters that will fairly |
18 | | test the relative capacity of the
persons examined to |
19 | | discharge the duties of the positions to which they
seek to be |
20 | | appointed. The examinations shall include tests of physical
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21 | | qualifications, health, and (when appropriate) manual skill. |
22 | | If an applicant
is unable to pass the physical examination |
23 | | solely as the result of an injury
received by the applicant as |
24 | | the result of the performance of an act of duty
while working |
25 | | as a temporary employee in the position for which he or she is
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26 | | being examined, however, the physical examination shall be |
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1 | | waived and the
applicant shall be considered to have passed |
2 | | the examination. No questions in
any examination shall relate |
3 | | to political or religious opinions or
affiliations. Results of |
4 | | examinations and the eligible registers prepared from
the |
5 | | results shall be published by the commission within 60 days |
6 | | after any
examinations are held.
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7 | | (g) The commission shall control all examinations, and |
8 | | may, whenever an
examination is to take place, designate a |
9 | | suitable number of persons,
either in or not in the official |
10 | | service of the municipality, to be
examiners. The examiners |
11 | | shall conduct the examinations as directed by the
commission |
12 | | and shall make a return or report of the examinations to the
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13 | | commission. If the appointed examiners are in the official |
14 | | service of the
municipality, the examiners shall not receive |
15 | | extra compensation for conducting
the examinations unless the |
16 | | examiners are subject to a collective bargaining agreement |
17 | | with the municipality. The commission may at any time |
18 | | substitute any other person,
whether or not in the service of |
19 | | the municipality, in the place of any one
selected as an |
20 | | examiner. The commission members may themselves at any time |
21 | | act
as examiners without appointing examiners. The examiners |
22 | | at any examination
shall not all be members of the same |
23 | | political party.
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24 | | (h) In municipalities of 500,000 or more population, no |
25 | | person who has
attained his or her 35th birthday shall be |
26 | | eligible to take an examination for
a position as a fireman or |
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1 | | a policeman unless the person has had previous
employment |
2 | | status as a policeman or fireman in the regularly constituted |
3 | | police
or fire department of the municipality, except as |
4 | | provided in this Section.
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5 | | (i) In municipalities of more than 5,000 but not more than |
6 | | 200,000
inhabitants, no person who has attained his or her |
7 | | 35th birthday shall be
eligible to take an examination for a |
8 | | position as a fireman or a policeman
unless the person has had |
9 | | previous employment status as a policeman or fireman
in the |
10 | | regularly constituted police or fire department of the |
11 | | municipality,
except as provided in this Section.
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12 | | (j) In all municipalities, applicants who are 20 years of |
13 | | age and who have
successfully completed 2 years of law |
14 | | enforcement studies at an accredited
college or university may |
15 | | be considered for appointment to active duty with
the police |
16 | | department. An applicant described in this subsection (j) who |
17 | | is
appointed to active duty shall not have power of arrest, nor |
18 | | shall the
applicant be permitted to carry firearms, until he |
19 | | or she reaches 21 years of
age.
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20 | | (k) In municipalities of more than 500,000 population, |
21 | | applications for
examination for and appointment to positions |
22 | | as firefighters or police
shall be made available at various |
23 | | branches of the public library of the
municipality.
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24 | | (l) No municipality having a population less than |
25 | | 1,000,000 shall require
that any fireman appointed to the |
26 | | lowest rank serve a probationary employment
period of longer |
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1 | | than one year. The limitation on periods of probationary
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2 | | employment provided in Public Act 86-990 is an exclusive power |
3 | | and
function of the State. Pursuant to subsection (h) of |
4 | | Section 6 of Article VII
of the Illinois Constitution, a home |
5 | | rule municipality having a population less
than 1,000,000 must |
6 | | comply with this limitation on periods of probationary
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7 | | employment, which is a denial and limitation of home rule |
8 | | powers.
Notwithstanding anything to the contrary in this |
9 | | Section, the probationary
employment period limitation may be |
10 | | extended for a firefighter who is required, as a condition of |
11 | | employment, to be a licensed paramedic, during which time the |
12 | | sole reason that a firefighter may be discharged without a |
13 | | hearing is for failing to meet the requirements for paramedic |
14 | | licensure.
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15 | | (m) To the extent that this Section or any other Section in |
16 | | this Division conflicts with Section 10-1-7.1 or 10-1-7.2, |
17 | | then Section 10-1-7.1 or 10-1-7.2 shall control. |
18 | | (Source: P.A. 102-813, eff. 5-13-22.)
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19 | | (65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
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20 | | Sec. 10-2.1-4. Fire and police departments; appointment of
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21 | | members; certificates of appointments. The board of fire and |
22 | | police commissioners shall appoint all officers
and members of |
23 | | the fire and police departments of the municipality,
including |
24 | | the chief of police and the chief of the fire department,
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25 | | unless the council or board of trustees shall by ordinance as |
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1 | | to them
otherwise provide; except as otherwise provided in |
2 | | this Section, and
except that in any municipality which adopts |
3 | | or has
adopted this Division 2.1 and also adopts or has adopted |
4 | | Article 5 of
this Code, the chief of police and the chief of |
5 | | the fire department
shall be appointed by the municipal |
6 | | manager, if it is provided by
ordinance in such municipality |
7 | | that the chief such chiefs, or either of them,
shall not be |
8 | | appointed by the board of fire and police commissioners.
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9 | | If the chief of the fire department is or the chief of the |
10 | | police department
or both of them are appointed in the manner |
11 | | provided by ordinance, the chief they
may be removed or |
12 | | discharged by the appointing authority. In such case
the |
13 | | appointing authority shall file with the corporate authorities |
14 | | the reasons
for such removal or discharge, which removal or |
15 | | discharge shall not become
effective unless confirmed by a |
16 | | majority vote of the corporate authorities.
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17 | | After January 1, 2019 (the effective date of Public Act |
18 | | 100-1126), a person shall not be appointed as the chief, the |
19 | | acting chief, the department head, or a position, by whatever |
20 | | title, that is responsible for day-to-day operations of a fire |
21 | | department for greater than 180 days unless he or she |
22 | | possesses the following qualifications and certifications: |
23 | | (1) Office of the State Fire Marshal Basic Operations |
24 | | Firefighter Certification or Office of the State Fire |
25 | | Marshal Firefighter II Certification; Office of the State |
26 | | Fire Marshal Advanced Fire Officer Certification or Office |
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1 | | of the State Fire Marshal Fire Officer II Certification; |
2 | | and an associate degree in fire science or a bachelor's |
3 | | degree from an accredited university or college; |
4 | | (2) a current certification from the International |
5 | | Fire Service Accreditation Congress
or Pro Board Fire |
6 | | Service Professional Qualifications System that meets the |
7 | | National Fire
Protection Association standard NFPA 1001, |
8 | | Standard for Fire Fighter Professional
Qualifications, |
9 | | Level I job performance requirements; a current |
10 | | certification from the
International Fire Service |
11 | | Accreditation Congress or Pro Board Fire Service |
12 | | Professional
Qualifications System that meets the National |
13 | | Fire Protection Association standard
NFPA 1021, Standard |
14 | | for Fire Officer Professional Qualifications, Fire Officer |
15 | | II job
performance requirements; and an associate degree |
16 | | in fire science or a bachelor's
degree from an accredited |
17 | | university or college; |
18 | | (3) qualifications that meet the National Fire |
19 | | Protection Association standard NFPA
1001, Standard for |
20 | | Fire Fighter Professional Qualifications, Level I job |
21 | | performance
requirements; qualifications that meet the |
22 | | National Fire Protection Association standard
NFPA 1021, |
23 | | Standard for Fire Officer Professional Qualifications, |
24 | | Fire
Officer II job performance requirements; and an |
25 | | associate degree in fire science or a
bachelor's degree |
26 | | from an accredited university or college; or |
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1 | | (4) a minimum of 10 years' experience as a firefighter |
2 | | at the fire department in the jurisdiction making the |
3 | | appointment. |
4 | | This paragraph applies to fire departments that employ |
5 | | firefighters hired under the provisions of this Division. On |
6 | | and after January 1, 2019 (the effective date of Public Act |
7 | | 100-1126), a home rule municipality may not appoint a fire |
8 | | chief, an acting chief, a department head, or a position, by |
9 | | whatever title, that is responsible for day-to-day operations |
10 | | of a fire department for greater than 180 days in a manner |
11 | | inconsistent with this paragraph. This paragraph is a |
12 | | limitation under subsection (i) of Section 6 of Article VII of |
13 | | the Illinois Constitution on the concurrent exercise by home |
14 | | rule units of powers and functions exercised by the State. |
15 | | If a member of the department is elected appointed chief |
16 | | of police or appointed chief
of the fire department prior to |
17 | | being eligible to retire on pension, he
shall be considered as |
18 | | on furlough from the rank he held immediately
prior to his |
19 | | appointment as chief. If he resigns as chief or is
discharged |
20 | | as chief prior to attaining eligibility to retire on pension,
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21 | | he shall revert to and be established in whatever rank he |
22 | | currently holds,
except for previously appointed positions, |
23 | | and thereafter
be entitled to all the benefits and emoluments |
24 | | of that rank,
without regard as to whether a vacancy then |
25 | | exists in that rank.
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26 | | All appointments to each department other than that of the |
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1 | | lowest
rank, however, shall be from the rank next below that to |
2 | | which the
appointment is made except as otherwise provided in |
3 | | this Section, and
except that the chief of police and the chief |
4 | | of the
fire department may be appointed from among members of |
5 | | the fire department police and
fire departments, respectively , |
6 | | regardless of rank, unless the council
or board of trustees |
7 | | shall have by ordinance as to them otherwise provided.
A chief |
8 | | of police or the chief of the fire department, having been |
9 | | appointed
from among members
of the police or fire department, |
10 | | respectively, shall be permitted, regardless
of rank, to
take |
11 | | promotional
exams and be promoted to a higher classified rank |
12 | | than he currently holds,
without having to
resign as chief of |
13 | | police or chief of the fire department.
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14 | | The sole authority to issue certificates of appointment |
15 | | shall be
vested in the Board of Fire and Police Commissioners |
16 | | and all
certificates of appointments issued to any officer or |
17 | | member of the fire
or police department of a municipality |
18 | | shall be signed by the chairman
and secretary respectively of |
19 | | the board of fire and police commissioners
of such |
20 | | municipality, upon appointment of such officer or member of |
21 | | the
fire and police department of such municipality by action |
22 | | of the board
of fire and police commissioners. After being |
23 | | selected from the register of eligibles to fill a vacancy in |
24 | | the affected department, each appointee shall be presented |
25 | | with his or her certificate of appointment on the day on which |
26 | | he or she is sworn in as a classified member of the affected |
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1 | | department. Firefighters who were not issued a certificate of |
2 | | appointment when originally appointed shall be provided with a |
3 | | certificate within 10 days after making a written request to |
4 | | the chairperson of the Board of Fire and Police Commissioners. |
5 | | In any municipal fire department that employs full-time |
6 | | firefighters and is subject to a collective bargaining |
7 | | agreement, a person who has not qualified for regular |
8 | | appointment under the provisions of this Division 2.1 shall |
9 | | not be used as a temporary or permanent substitute for |
10 | | classified members of a municipality's fire department or for |
11 | | regular appointment as a classified member of a municipality's |
12 | | fire department unless mutually agreed to by the employee's |
13 | | certified bargaining agent. Such agreement shall be considered |
14 | | a permissive subject of bargaining. Municipal fire departments |
15 | | covered by the changes made by Public Act 95-490 that are using |
16 | | non-certificated employees as substitutes immediately prior to |
17 | | June 1, 2008 (the effective date of Public Act 95-490) may, by |
18 | | mutual agreement with the certified bargaining agent, continue |
19 | | the existing practice or a modified practice and that |
20 | | agreement shall be considered a permissive subject of |
21 | | bargaining. A home rule unit may not regulate the hiring of |
22 | | temporary or substitute members of the municipality's fire |
23 | | department in a manner that is inconsistent with this Section. |
24 | | This Section is a limitation under subsection (i) of Section 6 |
25 | | of Article VII of the Illinois Constitution on the concurrent |
26 | | exercise by home rule units of powers and functions exercised |
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1 | | by the State.
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2 | | The term "policemen" as used in this Division does not |
3 | | include
auxiliary police officers except as provided for in |
4 | | Section 10-2.1-6.
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5 | | Any full-time member of a regular fire or police |
6 | | department of any
municipality which comes under the |
7 | | provisions of this Division or adopts
this Division 2.1 or |
8 | | which has adopted any of the prior Acts pertaining to
fire and |
9 | | police commissioners, is a city officer.
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10 | | Notwithstanding any other provision of this Section, the |
11 | | Chief of
Police of a department in a non-home rule |
12 | | municipality of more than 130,000
inhabitants may, without the |
13 | | advice or consent of the Board of
Fire and Police |
14 | | Commissioners, appoint up to 6 officers who shall be known
as |
15 | | deputy chiefs or assistant deputy chiefs, and whose rank shall |
16 | | be
immediately below that of Chief. The deputy or assistant |
17 | | deputy chiefs may
be appointed from any rank of sworn officers |
18 | | of that municipality, but no
person who is not such a sworn |
19 | | officer may be so appointed. Such deputy
chief or assistant |
20 | | deputy chief shall have the authority to direct and
issue |
21 | | orders to all employees of the Department holding the rank of |
22 | | captain
or any lower rank.
A deputy chief of police or |
23 | | assistant deputy chief of police, having been
appointed from |
24 | | any rank
of sworn officers of that municipality, shall be |
25 | | permitted, regardless of rank,
to take promotional
exams and |
26 | | be promoted to a higher classified rank than he currently |
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1 | | holds,
without having to
resign as deputy chief of police or |
2 | | assistant deputy chief of police.
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3 | | Notwithstanding any other provision of this Section, a |
4 | | non-home rule
municipality of 130,000 or fewer inhabitants, |
5 | | through its council or board
of trustees, may, by ordinance, |
6 | | provide for a position of deputy chief to be
appointed by the |
7 | | chief of the police department. The ordinance shall provide
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8 | | for no more than one deputy chief position if the police |
9 | | department has fewer
than 25 full-time police officers and for |
10 | | no more than 2 deputy chief positions
if the police department |
11 | | has 25 or more full-time police officers. The deputy
chief |
12 | | position
shall be an exempt rank immediately below that of |
13 | | Chief. The deputy chief may
be appointed from any rank of |
14 | | sworn, full-time officers of the municipality's
police |
15 | | department, but must have at least 5 years of full-time |
16 | | service as a
police officer in that department. A deputy chief |
17 | | shall serve at the
discretion of the Chief and, if removed from |
18 | | the position,
shall revert to the rank currently held, without |
19 | | regard as to whether a
vacancy exists in
that rank. A deputy |
20 | | chief
of police, having been appointed from any rank of sworn |
21 | | full-time officers of
that municipality's
police department, |
22 | | shall be permitted, regardless of rank, to take promotional
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23 | | exams and be
promoted to a higher classified rank than he |
24 | | currently holds, without having to
resign as deputy
chief of |
25 | | police.
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26 | | No municipality having a population less than 1,000,000 |
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1 | | shall require
that any firefighter appointed to the lowest
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2 | | rank serve a probationary employment period of longer than one |
3 | | year. The
limitation on periods of probationary employment |
4 | | provided in Public Act 86-990 is an exclusive power and |
5 | | function of the State.
Pursuant to subsection (h) of Section 6 |
6 | | of Article VII of the Illinois
Constitution, a home rule |
7 | | municipality having a population less than 1,000,000
must |
8 | | comply with this limitation on periods of probationary |
9 | | employment, which
is a denial and limitation of home rule |
10 | | powers. Notwithstanding anything to
the contrary in this |
11 | | Section, the probationary employment period limitation
may be |
12 | | extended for a firefighter who is required, as a condition of |
13 | | employment, to be a licensed paramedic, during which time the |
14 | | sole reason that a firefighter may be discharged without a |
15 | | hearing is for failing to meet the requirements for paramedic |
16 | | licensure.
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17 | | To the extent that this Section or any other Section in |
18 | | this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4, |
19 | | then Section 10-2.1-6.3 or 10-2.1-6.4 shall control. |
20 | | (Source: P.A. 100-252, eff. 8-22-17; 100-425, eff. 8-25-17; |
21 | | 100-863, eff, 8-14-18; 100-1126, eff. 1-1-19; 101-81, eff. |
22 | | 7-12-19.)
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23 | | (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
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24 | | Sec. 10-2.1-6. Examination of applicants; |
25 | | disqualifications.
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1 | | (a) All applicants for a position in either the fire or |
2 | | police department
of the municipality shall be under 35 years |
3 | | of age, shall be subject to an
examination that shall be |
4 | | public, competitive, and open to all applicants
(unless the |
5 | | council or board of trustees by ordinance limit applicants to
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6 | | electors of the municipality, county, state or nation) and |
7 | | shall be subject to
reasonable limitations as to residence, |
8 | | health, habits, and moral character.
The municipality may not |
9 | | charge or collect any fee from an applicant who has
met all |
10 | | prequalification standards established by the municipality for |
11 | | any such
position. With respect to a police department, a |
12 | | veteran shall be allowed to exceed the maximum age provision |
13 | | of this Section by the number of years served on active |
14 | | military duty, but by no more than 10 years of active military |
15 | | duty.
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16 | | (b) Residency requirements in effect at the time an |
17 | | individual enters the
fire or police service of a municipality |
18 | | (other than a municipality that
has more than 1,000,000 |
19 | | inhabitants) cannot be made more restrictive for
that |
20 | | individual during his period of service for that municipality, |
21 | | or be
made a condition of promotion, except for the rank or |
22 | | position of Fire or
Police Chief.
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23 | | (c) No person with a record of misdemeanor convictions |
24 | | except those
under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, |
25 | | 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, |
26 | | 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
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1 | | 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions |
2 | | (a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1), |
3 | | (6), and (8) of subsection (a) of
Section 24-1 of the Criminal |
4 | | Code of 1961 or the Criminal Code of 2012, or arrested for any |
5 | | cause but not
convicted on that cause shall be disqualified |
6 | | from taking the examination to
qualify for a position in the |
7 | | fire department on grounds of habits or moral
character.
|
8 | | (d) The age limitation in subsection (a) does not apply |
9 | | (i) to any person
previously employed as a policeman or |
10 | | fireman in a regularly constituted police
or fire department |
11 | | of (I) any municipality, regardless of whether the |
12 | | municipality is located in Illinois or in another state, or |
13 | | (II) a fire protection district
whose obligations were assumed |
14 | | by a municipality under Section 21 of the Fire
Protection |
15 | | District Act, (ii) to any person who has served a municipality |
16 | | as a
regularly enrolled volunteer fireman for 5 years |
17 | | immediately preceding the time
that municipality begins to use |
18 | | full time firemen to provide all or part of its
fire protection |
19 | | service, or (iii) to any person who has served as an auxiliary |
20 | | police officer under Section 3.1-30-20 for at least 5 years |
21 | | and is under 40 years of
age, (iv) to any person who has served |
22 | | as a deputy under Section 3-6008 of
the Counties Code and |
23 | | otherwise meets necessary training requirements, or (v) to any |
24 | | person who has served as a sworn officer as a member of the |
25 | | Illinois State Police.
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26 | | (e) Applicants who are 20 years of age and who have |
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1 | | successfully completed 2
years of law enforcement studies at |
2 | | an accredited college or university may be
considered for |
3 | | appointment to active duty with the police department. An
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4 | | applicant described in this subsection (e) who is appointed to |
5 | | active duty
shall not have power of arrest, nor shall the |
6 | | applicant be permitted to carry
firearms, until he or she |
7 | | reaches 21 years of age.
|
8 | | (f) Applicants who are 18 years of age and who have |
9 | | successfully
completed 2 years of study in fire techniques, |
10 | | amounting to a total of 4
high school credits, within the cadet |
11 | | program of a municipality may be
considered for appointment to |
12 | | active duty with the fire department of any
municipality.
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13 | | (g) The council or board of trustees may by ordinance |
14 | | provide
that persons residing outside the municipality are |
15 | | eligible to take the
examination.
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16 | | (h) The examinations shall be practical in character and |
17 | | relate to
those matters that will fairly test the capacity of |
18 | | the persons examined
to discharge the duties of the positions |
19 | | to which they seek appointment. No
person shall be appointed |
20 | | to the police or fire department if he or she does
not possess |
21 | | a high school diploma or an equivalent high school education.
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22 | | A board of fire and police commissioners may, by its rules, |
23 | | require police
applicants to have obtained an associate's |
24 | | degree or a bachelor's degree as a
prerequisite for |
25 | | employment. The
examinations shall include tests of physical |
26 | | qualifications and health. A board of fire and police |
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1 | | commissioners may, by its rules, waive portions of the |
2 | | required examination for police applicants who have previously |
3 | | been full-time sworn officers of a regular police department |
4 | | in any municipal, county, university, or State law enforcement |
5 | | agency, provided they are certified by the Illinois Law |
6 | | Enforcement Training Standards Board and have been with their |
7 | | respective law enforcement agency within the State for at |
8 | | least 2 years. No
person shall be appointed to the police or |
9 | | fire department if he or she has
suffered the amputation of any |
10 | | limb unless the applicant's duties will be only
clerical or as |
11 | | a radio operator. No applicant shall be examined concerning |
12 | | his
or her political or religious opinions or affiliations. |
13 | | The examinations shall
be conducted by the board of fire and |
14 | | police commissioners of the municipality
as provided in this |
15 | | Division 2.1.
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16 | | The requirement that a police applicant possess an |
17 | | associate's degree under this subsection may be waived if one |
18 | | or more of the following applies: (1) the applicant has served |
19 | | for 24 months of honorable active duty in the United States |
20 | | Armed Forces and has not been discharged dishonorably or under |
21 | | circumstances other than honorable; (2) the applicant has |
22 | | served for 180 days of active duty in the United States Armed |
23 | | Forces in combat duty recognized by the Department of Defense |
24 | | and has not been discharged dishonorably or under |
25 | | circumstances other than honorable; or (3) the applicant has |
26 | | successfully received credit for a minimum of 60 credit hours |
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1 | | toward a bachelor's degree from an accredited college or |
2 | | university. |
3 | | The requirement that a police applicant possess a |
4 | | bachelor's degree under this subsection may be waived if one |
5 | | or more of the following applies: (1) the applicant has served |
6 | | for 36 months of honorable active duty in the United States |
7 | | Armed Forces and has not been discharged dishonorably or under |
8 | | circumstances other than honorable or (2) the applicant has |
9 | | served for 180 days of active duty in the United States Armed |
10 | | Forces in combat duty recognized by the Department of Defense |
11 | | and has not been discharged dishonorably or under |
12 | | circumstances other than honorable. |
13 | | (i) No person who is classified by his local selective |
14 | | service draft board
as a conscientious objector, or who has |
15 | | ever been so classified, may be
appointed to the police |
16 | | department.
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17 | | (j) No person shall be appointed to the police or fire |
18 | | department unless he
or she is a person of good character and |
19 | | not an habitual drunkard, gambler, or
a person who has been |
20 | | convicted of a felony or a crime involving moral
turpitude. No |
21 | | person, however, shall be disqualified from appointment to the
|
22 | | fire department because of his or her record of misdemeanor |
23 | | convictions except
those under Sections 11-1.50, 11-6, 11-7, |
24 | | 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
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25 | | 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, |
26 | | 31-1, 31-4, 31-6,
31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, |
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1 | | subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and |
2 | | paragraphs (1), (6), and (8) of subsection (a) of Section
24-1 |
3 | | of the Criminal Code of 1961 or the Criminal Code of 2012, or |
4 | | arrest for any cause without conviction on
that cause. Any |
5 | | such person who is in the department may be removed on charges
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6 | | brought and after a trial as provided in this Division 2.1.
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7 | | (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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8 | | (65 ILCS 5/10-2.1-17) (from Ch. 24, par. 10-2.1-17)
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9 | | Sec. 10-2.1-17. Removal or discharge; investigation of |
10 | | charges;
retirement. Except as hereinafter provided, no |
11 | | officer or member of the fire
or police department of any |
12 | | municipality subject to this Division 2.1 shall be
removed or |
13 | | discharged except for cause, upon written charges, and after |
14 | | an
opportunity to be heard in his own defense.
The hearing |
15 | | shall be as hereinafter provided, unless the employer and the
|
16 | | labor organization representing the person have negotiated an |
17 | | alternative or
supplemental form of due process based upon |
18 | | impartial arbitration as a term of
a collective bargaining |
19 | | agreement. Such
bargaining shall be mandatory unless the |
20 | | parties mutually agree otherwise. Any such alternative |
21 | | agreement shall be permissive.
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22 | | If the chief of the fire department is or the chief of the |
23 | | police department or
both of them are appointed in the manner |
24 | | provided by ordinance, the chief they may be
removed or |
25 | | discharged by the appointing authority. In such case the |
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1 | | appointing
authority shall file with the corporate authorities |
2 | | the reasons for such
removal or discharge, which removal or |
3 | | discharge shall not become effective
unless confirmed by a |
4 | | majority vote of the corporate authorities. The board of
fire |
5 | | and police commissioners shall conduct a fair and impartial |
6 | | hearing of
the charges, to be commenced within 30 days of the |
7 | | filing thereof, which
hearing may be continued from time to |
8 | | time. In case an officer or member
is found guilty, the board |
9 | | may discharge him, or may suspend him not
exceeding 30 days |
10 | | without pay. The board may suspend any officer or
member |
11 | | pending the hearing with or without pay, but not to exceed 30
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12 | | days. If the Board of Fire and Police Commissioners determines |
13 | | that the
charges are not sustained, the officer or member |
14 | | shall be reimbursed for
all wages withheld, if any. In the |
15 | | conduct of this hearing, each member
of the board shall have |
16 | | power to administer oaths and affirmations, and
the board |
17 | | shall have power to secure by its subpoena both the attendance
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18 | | and testimony of witnesses and the production of books and |
19 | | papers
relevant to the hearing.
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20 | | The age for retirement of policemen or firemen in the |
21 | | service of any
municipality which adopts this Division 2.1 is |
22 | | 65 years, unless the
Council or Board of Trustees shall by |
23 | | ordinance provide for an earlier
retirement age of not less |
24 | | than 60 years.
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25 | | The provisions of the Administrative Review Law, and all |
26 | | amendments and
modifications thereof, and the rules
adopted |
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1 | | pursuant thereto, shall apply to and govern all proceedings |
2 | | for
the judicial review of final administrative decisions of |
3 | | the board of
fire and police commissioners hereunder. The term |
4 | | "administrative
decision" is defined as in Section 3-101 of |
5 | | the Code of Civil Procedure.
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6 | | Nothing in this Section shall be construed to prevent the |
7 | | chief of
the fire department or the chief of the police |
8 | | department from
suspending without pay a member of his |
9 | | department for a period of not
more than 5 calendar days, but |
10 | | he shall notify the board in writing of such
suspension.
The |
11 | | hearing shall be as hereinafter provided, unless the employer |
12 | | and the
labor organization representing the person have |
13 | | negotiated an alternative or
supplemental form of due process |
14 | | based upon impartial arbitration as a term of
a collective |
15 | | bargaining agreement. Such
bargaining shall be
mandatory |
16 | | unless the parties mutually agree otherwise. Any such |
17 | | alternative agreement shall be permissive.
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18 | | Any policeman or fireman so suspended may appeal to the |
19 | | board of fire and
police commissioners for a review of the |
20 | | suspension within 5 calendar days
after such suspension, and |
21 | | upon such appeal, the board may sustain the action
of the chief |
22 | | of the department, may reverse it with instructions that the |
23 | | man
receive his pay for the period involved, or may suspend the |
24 | | officer for an
additional period of not more than 30 days or |
25 | | discharge him, depending upon
the facts presented.
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26 | | (Source: P.A. 95-356, eff. 8-23-07.)
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