093_HB0988enr

 
HB0988 Enrolled                      LRB093 05742 RCE 05835 b

 1        AN ACT in relation to public bodies.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.   Short  title.  This Act may be cited as the
 5    Fire Department Promotion Act.

 6        Section 5. Definitions. In this Act:
 7        "Affected department" or "department" means  a  full-time
 8    municipal  fire  department  that  is subject to a collective
 9    bargaining agreement or the fire  department  operated  by  a
10    full-time  fire protection district. The terms do not include
11    fire departments operated by the State, a  university,  or  a
12    municipality  with a population over 1,000,000 or any unit of
13    local government other than a municipality or fire protection
14    district. The terms also do not include a combined department
15    that was providing both police and firefighting  services  on
16    January 1, 2002.
17        "Appointing authority" means the Board of Fire and Police
18    Commissioners,  Board  of  Fire  Commissioners, Civil Service
19    Commissioners,  Superintendent  or  Department   Head,   Fire
20    Protection District Board of Trustees, or other entity having
21    the  authority  to  administer  and  grant  promotions  in an
22    affected department.
23        "Promotion" means any appointment  or  advancement  to  a
24    rank   within  the  affected  department  (1)  for  which  an
25    examination was required before January 1, 2002; (2) that  is
26    included  within  a  bargaining unit; or (3) that is the next
27    rank immediately above the highest  rank  included  within  a
28    bargaining  unit,  provided  such  rank  is not the only rank
29    between the Fire Chief and the highest rank  included  within
30    the  bargaining  unit,  or is a rank otherwise excepted under
31    item (i), (ii), (iii),  (iv),  or  (v)  of  this  definition.
 
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 1    "Promotion"  does  not  include appointments (i) that are for
 2    fewer than 180 days; (ii) to the positions of Superintendent,
 3    Chief,  or  other  chief  executive  officer;  (iii)  to   an
 4    exclusively  administrative  or  executive  rank for which an
 5    examination is not required; (iv) to a rank that was exempted
 6    by a  home  rule  municipality  prior  to  January  1,  2002,
 7    provided  that  after  the effective date of this Act no home
 8    rule municipality may exempt any  future  or  existing  ranks
 9    from  the provisions of this Act; or (v) to an administrative
10    rank immediately below the Superintendent,  Chief,  or  other
11    chief  executive  officer of an affected department, provided
12    such rank shall not be held by more than 2 persons and  there
13    is  a promoted rank immediately below it. Notwithstanding the
14    exceptions to the definition  of  "promotion"  set  forth  in
15    items  (i),  (ii),  (iii),  (iv), and (v) of this definition,
16    promotions shall include any appointments to ranks covered by
17    the terms of a collective bargaining agreement in  effect  on
18    the effective date of this Act.
19        "Preliminary  promotion  list"  means  the  rank order of
20    eligible candidates established in accordance with subsection
21    (b) of  Section 20 prior to applicable  veteran's  preference
22    points.   A  person  on the preliminary promotion list who is
23    eligible  for  veteran's  preference  under  the   laws   and
24    agreements  applicable to the appointing authority may file a
25    written application for that preference within 10 days  after
26    the  initial  posting  of the preliminary promotion list. The
27    preference shall be calculated in accordance with Section  55
28    and  applied as an addition to the person's total point score
29    on the examination.   The  appointing  authority  shall  make
30    adjustments  to  the  preliminary promotion list based on any
31    veteran's preference claimed and the final adjusted promotion
32    list shall then be posted by the appointing authority.
33        "Rank" means any position within the chain of command  of
34    a  fire  department to which employees are regularly assigned
 
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 1    to perform duties related to providing fire suppression, fire
 2    prevention, or emergency services.
 3        "Final adjusted promotion list" means the promotion  list
 4    for  the  position that is in effect on the date the position
 5    is created or the vacancy  occurs.   If  there  is  no  final
 6    adjusted  promotion  list in effect for that position on that
 7    date, or  if  all  persons  on  the  current  final  adjusted
 8    promotion  list  for  that position refuse the promotion, the
 9    affected department shall  not  make  a  permanent  promotion
10    until  a  new final adjusted promotion list has been prepared
11    in accordance  with  this  Act,  but  may  make  a  temporary
12    appointment to fill the vacancy. Temporary appointments shall
13    not exceed 180 days.
14        Each component of the promotional test shall be scored on
15    a  scale  of  100 points.  The component scores shall then be
16    reduced by the weighting factor assigned to the component  on
17    the  test  and the scores of all components shall be added to
18    produce a total score based on a scale of 100 points.

19        Section 10.  Applicability.
20        (a)  This Act shall apply to all positions in an affected
21    department, except those specifically excluded in  items (i),
22    (ii), (iii), (iv), and (v) of the definition  of  "promotion"
23    in   Section  5  unless  such  positions  are  covered  by  a
24    collective bargaining agreement in  force  on  the  effective
25    date of this Act.  Existing promotion lists shall continue to
26    be  valid until their expiration dates, or up to a maximum of
27    3 years after the effective date of this Act.
28        (b)  Notwithstanding any  statute,  ordinance,  rule,  or
29    other  laws  to  the  contrary, all promotions in an affected
30    department to which this Act applies shall be administered in
31    the manner provided  for  in  this  Act.  Provisions  of  the
32    Illinois  Municipal  Code,  the Fire Protection District Act,
33    municipal ordinances,  or  rules  adopted  pursuant  to  such
 
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 1    authority  and  other laws relating to promotions in affected
 2    departments shall continue to apply to the  extent  they  are
 3    compatible  with  this  Act,  but  in  the  event of conflict
 4    between this Act and any other law, this Act shall control.
 5        (c)  A home rule or non-home rule  municipality  may  not
 6    administer  its fire department promotion process in a manner
 7    that is inconsistent with  this  Act.    This  Section  is  a
 8    limitation  under  subsection (i) of Section 6 of Article VII
 9    of the Illinois Constitution on the  concurrent  exercise  by
10    home  rule units of the powers and functions exercised by the
11    State.
12        (d)  This Act is intended to serve as a minimum  standard
13    and shall be construed to authorize and not to limit:
14             (1)  An   appointing   authority  from  establishing
15        different  or  supplemental   promotional   criteria   or
16        components,  provided  that  the criteria are job-related
17        and applied uniformly.
18             (2)  The negotiation by an employer and an exclusive
19        bargaining representative of clauses within a  collective
20        bargaining agreement relating to conditions, criteria, or
21        procedures for the promotion of employees who are members
22        of bargaining units.
23             (3)  The negotiation by an employer and an exclusive
24        bargaining   representative   of   provisions   within  a
25        collective bargaining agreement  to  achieve  affirmative
26        action   objectives,   provided  that  such  clauses  are
27        consistent with applicable law.
28        (e)  Local authorities and  exclusive  bargaining  agents
29    affected  by  this  Act may agree to waive one or more of its
30    provisions and bargain on the contents of  those  provisions,
31    provided that any such waivers shall be considered permissive
32    subjects of bargaining.

33        Section 15. Promotion process.
 
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 1        (a)  For the purpose of granting promotion to any rank to
 2    which  this  Act applies, the appointing authority shall from
 3    time to time, as necessary, administer a promotion process in
 4    accordance with this Act.
 5        (b)  Eligibility  requirements  to  participate  in   the
 6    promotional  process  may include a minimum requirement as to
 7    the  length   of   employment,   education,   training,   and
 8    certification   in   subjects  and  skills  related  to  fire
 9    fighting. After the effective date  of  this  Act,  any  such
10    eligibility requirements shall be published at least one year
11    prior to the date of the beginning of the promotional process
12    and  all members of the affected department shall be given an
13    equal opportunity to meet those eligibility requirements.
14        (c)  All  aspects  of  the  promotion  process  shall  be
15    equally  accessible  to  all  eligible   employees   of   the
16    department.  Every  component  of  the testing and evaluation
17    procedures shall be published to all eligible candidates when
18    the announcement of promotional testing is made.  The  scores
19    for  each  component of the testing and evaluation procedures
20    shall be disclosed to each candidate as soon  as  practicable
21    after the component is completed.
22        (d)  The  appointing  authority  shall provide a separate
23    promotional examination for  each  rank  that  is  filled  by
24    promotion.    All   examinations   for   promotion  shall  be
25    competitive among the members of the next lower rank who meet
26    the established eligibility requirements and desire to submit
27    themselves to  examination.   The  appointing  authority  may
28    employ   consultants   to  design  and  administer  promotion
29    examinations or may adopt  any  job-related  examinations  or
30    study  materials  that  may become available, so long as they
31    comply with the requirements of this Act.

32        Section 20. Promotion lists.
33        (a)  For the purpose of granting a promotion to any  rank
 
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 1    to  which  this  Act  applies, the appointing authority shall
 2    from time  to  time,  as  necessary,  prepare  a  preliminary
 3    promotion  list  in accordance with this Act. The preliminary
 4    promotion list shall be  distributed,  posted,  or  otherwise
 5    made  conveniently  available  by the appointing authority to
 6    all members of the department.
 7        (b)  A person's position  on  the  preliminary  promotion
 8    list  shall  be  determined by a combination of factors which
 9    may include any of the following:  (i) the person's score  on
10    the   written   examination  for  that  rank,  determined  in
11    accordance with  Section  35;  (ii)  the  person's  seniority
12    within  the department, determined in accordance with Section
13    40; (iii)  the  person's  ascertained  merit,  determined  in
14    accordance  with  Section  45; and (iv) the person's score on
15    the subjective  evaluation,  determined  in  accordance  with
16    Section  50.  Candidates  shall be ranked on the list in rank
17    order based on the highest to the lowest total points  scored
18    on all of the components of the test. Promotional components,
19    as  defined  herein,  shall be determined and administered in
20    accordance with  the  referenced  Section,  unless  otherwise
21    modified  or agreed to as provided by paragraph (1) or (2) of
22    subsection (e) of Section 10.  The use of physical  criteria,
23    including   but  not  limited  to  fitness  testing,  agility
24    testing, and medical evaluations, is specifically barred from
25    the promotion process.
26        (c)  A person on the preliminary promotion  list  who  is
27    eligible  for  a  veteran's  preference  under  the  laws and
28    agreements applicable to the department may  file  a  written
29    application  for  that  preference  within  10 days after the
30    initial posting  of  the  preliminary  promotion  list.   The
31    preference  shall  be calculated as provided under Section 55
32    and added to the total score achieved by the candidate on the
33    test.  The appointing authority shall then  make  adjustments
34    to  the rank order of the preliminary promotion list based on
 
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 1    any  veteran's  preferences  awarded.   The  final   adjusted
 2    promotion   list   shall  then  be  distributed,  posted,  or
 3    otherwise  made  conveniently  available  by  the  appointing
 4    authority to all members of the department.
 5        (d)  Whenever a promotional rank is  created  or  becomes
 6    vacant  due  to  resignation, discharge, promotion, death, or
 7    the granting of a disability or retirement  pension,  or  any
 8    other  cause,  the appointing authority shall appoint to that
 9    position the person with the highest  ranking  on  the  final
10    promotion  list  for  that  rank,  except that the appointing
11    authority shall have the right to pass over that  person  and
12    appoint  the  next  highest  ranked person on the list if the
13    appointing authority has reason to conclude that the  highest
14    ranking  person  has demonstrated substantial shortcomings in
15    work performance or has engaged in misconduct  affecting  the
16    person's  ability  to perform the duties of the promoted rank
17    since the posting of the  promotion  list.   If  the  highest
18    ranking person is passed over, the appointing authority shall
19    document  its  reasons  for  its  decision to select the next
20    highest ranking person on the list.  Unless the  reasons  for
21    passing  over the highest ranking person are not remedial, no
22    person who is the highest ranking person on the list  at  the
23    time of the vacancy shall be passed over more than once.  Any
24    dispute   as   to  the  selection  of  the  first  or  second
25    highest-ranking person shall  be  subject  to  resolution  in
26    accordance  with  any  grievance procedure in effect covering
27    the employee.
28        A vacancy shall be deemed to occur in a position  on  the
29    date  upon  which  the  position is vacated, and on that same
30    date, a vacancy shall occur in all  ranks  inferior  to  that
31    rank,  provided that the position or positions continue to be
32    funded and authorized by  the  corporate  authorities.  If  a
33    vacated  position  is  not filled due to a lack of funding or
34    authorization  and  is  subsequently  reinstated,  the  final
 
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 1    promotion  list  shall  be  continued  in  effect  until  all
 2    positions vacated have been filled or for a period  up  to  5
 3    years  beginning  from  the  date  on  which the position was
 4    vacated.  In such event,  the  candidate  or  candidates  who
 5    would   have   otherwise  been   promoted  when  the  vacancy
 6    originally occurred shall be promoted.
 7        Any candidate may refuse a promotion once without  losing
 8    his  or  her  position  on the final adjusted promotion list.
 9    Any candidate who refuses promotion a second  time  shall  be
10    removed from the final adjusted promotion list, provided that
11    such  action  shall not prejudice a person's opportunities to
12    participate in future promotion examinations.
13        (e)  A final adjusted promotion list shall  remain  valid
14    and unaltered for a period of not less than 2 nor more than 3
15    years  after  the  date  of  the initial posting.  Integrated
16    lists are prohibited and when a  list  expires  it  shall  be
17    void,  except  as provided in subsection (d) of this Section.
18    If a promotion list is not in effect,  a successor list shall
19    be prepared and distributed within 180 days after a  vacancy,
20    as defined in subsection (d) of this Section.
21        (f)  This Section 20 does not apply to the initial hiring
22    list.

23        Section 25. Monitoring.
24        (a)  All  aspects  of  the  promotion  process, including
25    without limitation the administration, scoring,  and  posting
26    of   scores   for  the  written  examination  and  subjective
27    evaluation and the determination and posting of seniority and
28    ascertained merit scores, shall be subject to monitoring  and
29    review  in  accordance  with this Section and Sections 30 and
30    50.
31        (b)  Two impartial persons who are  not  members  of  the
32    affected  department shall be selected to act as observers by
33    the exclusive bargaining agent.  The  appointing  authorities
 
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 1    may also select 2 additional impartial observers.
 2        (c)  The  observers  monitoring the promotion process are
 3    authorized to be present and observe when  any  component  of
 4    the  test  is  administered  or  scored.  Except as otherwise
 5    agreed to in a collective bargaining agreement, observers may
 6    not interfere with the promotion process, but shall  promptly
 7    report   any   observed   or   suspected   violation  of  the
 8    requirements  of  this  Act  or  an   applicable   collective
 9    bargaining  agreement  to  the  appointing  authority and all
10    other affected parties.
11        (d)  The provisions of this Section do not apply  to  the
12    extent  that  they are inconsistent with provisions otherwise
13    agreed to in a collective bargaining agreement.

14        Section 30.  Promotion examination components.  Promotion
15    examinations  that  include  components consisting of written
16    examinations,  seniority  points,   ascertained   merit,   or
17    subjective  evaluations  shall be administered as provided in
18    Sections 35, 40, 45 and 50.  The  weight,  if  any,  that  is
19    given  to  any component included in a test may be set at the
20    discretion of the appointing  authority  provided  that  such
21    weight  shall  be subject to modification by the terms of any
22    collective bargaining agreement in effect  on  the  effective
23    date  of  this  Act or thereafter by negotiations between the
24    employer and an exclusive bargaining representative.  If  the
25    appointing  authority  establishes  a  minimum passing score,
26    such score shall be  announced  prior  to  the  date  of  the
27    promotion  process  and  it  must  be  an  aggregate  of  all
28    components  of  the testing process.  All candidates shall be
29    allowed to participate  in  all  components  of  the  testing
30    process  irrespective  of  their  score on any one component.
31    The provisions of this Section do not  apply  to  the  extent
32    that  they  are inconsistent with provisions otherwise agreed
33    to in a collective bargaining agreement.
 
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 1        Section 35. Written examinations.
 2        (a)  The   appointing   authority   may   not   condition
 3    eligibility  to  take  the   written   examination   on   the
 4    candidate's  score  on  any of the previous components of the
 5    examination. The written examination for  a  particular  rank
 6    shall  consist  of  matters  relating to the duties regularly
 7    performed by persons holding that rank within the department.
 8    The examination shall  be  based  only  on  the  contents  of
 9    written   materials   that   the   appointing  authority  has
10    identified and made readily available to potential  examinees
11    at  least 90 days before the examination is administered. The
12    test  questions  and  material  must  be  pertinent  to   the
13    particular rank for which the examination is being given. The
14    written   examination   shall   be   administered  after  the
15    determination and posting of the seniority list,  ascertained
16    merit  points,  and subjective evaluation scores. The written
17    examination shall be administered, the test materials opened,
18    and the results scored and tabulated.
19        (b)  Written  examinations  shall  be   graded   at   the
20    examination  site  on  the day of the examination immediately
21    upon completion of the test in front of the observers if such
22    observers are appointed under Section 25,  or  if  the  tests
23    are  graded  offsite  by  a  bona  fide  testing  agency, the
24    observers shall witness the sealing and the shipping  of  the
25    tests  for  grading  and the subsequent opening of the scores
26    upon the return from the testing agency. Every examinee shall
27    have the right  (i)  to  obtain  his  or  her  score  on  the
28    examination  on the day of the examination or upon the day of
29    its  return  from  the  testing  agency  (or  the  appointing
30    authority shall  require  the  testing  agency  to  mail  the
31    individual  scores to any address submitted by the candidates
32    on the day of  the  examination);  and  (ii)  to  review  the
33    answers  to  the  examination  that  the  examiners  consider
34    correct.  The  appointing authority may hold a review session
 
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 1    after the examination for the purpose of  gathering  feedback
 2    on the examination from the candidates.
 3        (c)  Sample  written  examinations may be examined by the
 4    appointing authority and members of the  department,  but  no
 5    person   in   the  department  or  the  appointing  authority
 6    (including the Chief, Civil Service Commissioners,  Board  of
 7    Fire  and  Police Commissioners, Board of Fire Commissioners,
 8    or Fire Protection  District  Board  of  Trustees  and  other
 9    appointed  or  elected  officials)  may  see  or  examine the
10    specific questions on the actual written  examination  before
11    the  examination is administered.  If a sample examination is
12    used, actual test questions shall not be included.  It  is  a
13    violation of this Act for any member of the department or the
14    appointing  authority  to  obtain or divulge foreknowledge of
15    the  contents  of  the  written  examination  before  it   is
16    administered.
17        (d)  Each  department  shall  maintain  reading and study
18    materials for its current written examination and the reading
19    list for the last 2 written examinations or for a period of 5
20    years, whichever is less,  for each rank and shall make these
21    materials available and accessible at each duty station.
22        (e)  The provisions of this Section do not apply  to  the
23    extent  that  they  are in conflict with provisions otherwise
24    agreed to in a collective bargaining agreement.

25        Section 40. Seniority points.
26        (a)  Seniority points shall be based  only  upon  service
27    with  the  affected  department and shall be calculated as of
28    the date of the  written  examination.  The  weight  of  this
29    component  and  its  computation  shall  be determined by the
30    appointing  authority  or  through  a  collective  bargaining
31    agreement.
32        (b)  A seniority list shall be posted before the  written
33    examination  is  given  and  before the preliminary promotion
 
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 1    list is  compiled.  The  seniority  list  shall  include  the
 2    seniority  date,  any  breaks in service, the total number of
 3    eligible years, and the number of seniority points.

 4        Section 45. Ascertained merit.
 5        (a)  The  promotion   test   may   include   points   for
 6    ascertained  merit.  Ascertained  merit points may be awarded
 7    for education, training, and certification  in  subjects  and
 8    skills  related  to the fire service.  The basis for granting
 9    ascertained merit points, after the effective  date  of  this
10    Act,  shall  be published at least one year prior to the date
11    ascertained merit points are awarded and all persons eligible
12    to compete for promotion shall be given an equal  opportunity
13    to obtain ascertained merit points unless otherwise agreed to
14    in a collective bargaining agreement.
15        (b)  Total  points awarded for ascertained merit shall be
16    posted before the written  examination  is  administered  and
17    before the promotion list is compiled.

18        Section 50. Subjective evaluation.
19        (a)  A  promotion  test may include subjective evaluation
20    components.  Subjective  evaluations  may  include  an   oral
21    interview,  tactical  evaluation,  performance evaluation, or
22    other  component  based  on  subjective  evaluation  of   the
23    examinee.   The  methods  used for subjective evaluations may
24    include using any  employee  assessment  centers,  evaluation
25    systems, chief's points, or other methods.
26        (b)  Any  subjective component shall be identified to all
27    candidates prior to its application,  be job-related, and  be
28    applied  uniformly  to  all candidates.  Every examinee shall
29    have the right to documentation of his or her  score  on  the
30    subjective  component  upon  the completion of the subjective
31    examination component or its application.
32        (c)  Where chief's points or other subjective methods are
 
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 1    employed that are not amenable to monitoring, monitors  shall
 2    not  be  required, but any disputes as to the results of such
 3    methods shall be subject to resolution in accordance with any
 4    collectively bargained grievance procedure in effect  at  the
 5    time of the test.
 6        (d)  Where  performance  evaluations  are used as a basis
 7    for promotions, they shall be given annually and made readily
 8    available to each candidate for review and they shall include
 9    any disagreement or documentation the  employee  provides  to
10    refute  or  contest the evaluation.  These annual evaluations
11    are not subject to  grievance  procedures,  unless  used  for
12    points in the promotion process.
13        (e)  Total points awarded for subjective components shall
14    be  posted before the written examination is administered and
15    before the promotion list is compiled.

16        Section  55.  Veterans'  preference.  A   person   on   a
17    preliminary  promotion  list  who  is  eligible for veteran's
18    preference under  any  law  or  agreement  applicable  to  an
19    affected  department  may file a written application for that
20    preference within 10 days after the initial  posting  of  the
21    preliminary  promotion  list.  The veteran's preference shall
22    be calculated as provided in the applicable law and added  to
23    the  applicant's  total  score  on  the preliminary promotion
24    list.  Any  person  who  has  received  a  promotion  from  a
25    promotion  list on which his or her position was adjusted for
26    veteran's preference, under this Act or any other law,  shall
27    not be eligible for any subsequent veteran's preference under
28    this Act.

29        Section 60. Right to review. Any affected person or party
30    who  believes  that  an  error  has been made with respect to
31    eligibility  to  take  an  examination,  examination  result,
32    placement or position  on  a  promotion  list,  or  veteran's
 
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 1    preference shall be entitled to a review of the matter by the
 2    appointing authority or as otherwise provided by law.

 3        Section 65. Violations.
 4        (a)  A  person  who  knowingly  divulges or receives test
 5    questions  or  answers  before  a  written  examination,   or
 6    otherwise  knowingly  violates or subverts any requirement of
 7    this Act commits a   violation of this Act and may be subject
 8    to charges for official misconduct.
 9        (b)  A person  who  is  the  knowing  recipient  of  test
10    information   in   advance   of   the  examination  shall  be
11    disqualified from the promotion examination or  demoted  from
12    the  rank  to  which  he  was  promoted,  as  applicable  and
13    otherwise subjected to disciplinary actions.

14        Section 900.  The State Mandates Act is amended by adding
15    Section 8.27 as follows:

16        (30 ILCS 805/8.27 new)
17        Sec.  8.27.  Exempt  mandate.  Notwithstanding Sections 6
18    and 8 of this Act, no reimbursement by the State is  required
19    for  the  implementation  of  any  mandate  created  by  this
20    amendatory Act of the 93rd General Assembly.

21        Section  999. Effective date.  This Act takes effect upon
22    becoming law.