96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6337

 

Introduced 2/18/2010, by Rep. Michael J. Madigan - Barbara Flynn Currie

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 742/5

    Amends the Fire Department Promotion Act. Makes a technical change in a Section concerning definitions.


LRB096 21014 RLJ 36858 b

 

 

A BILL FOR

 

HB6337 LRB096 21014 RLJ 36858 b

1     AN ACT concerning local government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Fire Department Promotion Act is amended by
5 changing Section 5 as follows:
 
6     (50 ILCS 742/5)
7     Sec. 5. Definitions. In this Act:
8     "Affected department" or "department" means a full-time
9 municipal fire department that that is subject to a collective
10 bargaining agreement or the fire department operated by a
11 full-time fire protection district. The terms do not include
12 fire departments operated by the State, a university, or a
13 municipality with a population over 1,000,000 or any unit of
14 local government other than a municipality or fire protection
15 district. The terms also do not include a combined department
16 that was providing both police and firefighting services on
17 January 1, 2002.
18     "Appointing authority" means the Board of Fire and Police
19 Commissioners, Board of Fire Commissioners, Civil Service
20 Commissioners, Superintendent or Department Head, Fire
21 Protection District Board of Trustees, or other entity having
22 the authority to administer and grant promotions in an affected
23 department.

 

 

HB6337 - 2 - LRB096 21014 RLJ 36858 b

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

 

 

HB6337 - 3 - LRB096 21014 RLJ 36858 b

1     "Preliminary promotion list" means the rank order of
2 eligible candidates established in accordance with subsection
3 (b) of Section 20 prior to applicable veteran's preference
4 points. A person on the preliminary promotion list who is
5 eligible for veteran's preference under the laws and agreements
6 applicable to the appointing authority may file a written
7 application for that preference within 10 days after the
8 initial posting of the preliminary promotion list. The
9 preference shall be calculated in accordance with Section 55
10 and applied as an addition to the person's total point score on
11 the examination. The appointing authority shall make
12 adjustments to the preliminary promotion list based on any
13 veteran's preference claimed and the final adjusted promotion
14 list shall then be posted by the appointing authority.
15     "Rank" means any position within the chain of command of a
16 fire department to which employees are regularly assigned to
17 perform duties related to providing fire suppression, fire
18 prevention, or emergency services.
19     "Final adjusted promotion list" means the promotion list
20 for the position that is in effect on the date the position is
21 created or the vacancy occurs. If there is no final adjusted
22 promotion list in effect for that position on that date, or if
23 all persons on the current final adjusted promotion list for
24 that position refuse the promotion, the affected department
25 shall not make a permanent promotion until a new final adjusted
26 promotion list has been prepared in accordance with this Act,

 

 

HB6337 - 4 - LRB096 21014 RLJ 36858 b

1 but may make a temporary appointment to fill the vacancy.
2 Temporary appointments shall not exceed 180 days.
3     Each component of the promotional test shall be scored on a
4 scale of 100 points. The component scores shall then be reduced
5 by the weighting factor assigned to the component on the test
6 and the scores of all components shall be added to produce a
7 total score based on a scale of 100 points.
8 (Source: P.A. 93-411, eff. 8-4-03.)