Full Text of HB5201 99th General Assembly
HB5201ham002 99TH GENERAL ASSEMBLY | Rep. Jehan Gordon-Booth Filed: 4/15/2016
| | 09900HB5201ham002 | | LRB099 17313 EFG 47737 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 5201
| 2 | | AMENDMENT NO. ______. Amend House Bill 5201 AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Municipal Code is amended by | 6 | | changing Section 10-1-7.1 as follows: | 7 | | (65 ILCS 5/10-1-7.1) | 8 | | Sec. 10-1-7.1. Original appointments; full-time fire | 9 | | department. | 10 | | (a) Applicability. Unless a commission elects to follow the | 11 | | provisions of Section 10-1-7.2, this Section shall apply to all | 12 | | original appointments to an affected full-time fire | 13 | | department. Existing registers of eligibles shall continue to | 14 | | be valid until their expiration dates, or up to a maximum of 2 | 15 | | years after the effective date of this amendatory Act of the | 16 | | 97th General Assembly. |
| | | 09900HB5201ham002 | - 2 - | LRB099 17313 EFG 47737 a |
|
| 1 | | Notwithstanding any statute, ordinance, rule, or other law | 2 | | to the contrary, all original appointments to an affected | 3 | | department to which this Section applies shall be administered | 4 | | in the manner provided for in this Section. Provisions of the | 5 | | Illinois Municipal Code, municipal ordinances, and rules | 6 | | adopted pursuant to such authority and other laws relating to | 7 | | initial hiring of firefighters in affected departments shall | 8 | | continue to apply to the extent they are compatible with this | 9 | | Section, but in the event of a conflict between this Section | 10 | | and any other law, this Section shall control. | 11 | | A home rule or non-home rule municipality may not | 12 | | administer its fire department process for original | 13 | | appointments in a manner that is less stringent than this | 14 | | Section. This Section is a limitation under subsection (i) of | 15 | | Section 6 of Article VII of the Illinois Constitution on the | 16 | | concurrent exercise by home rule units of the powers and | 17 | | functions exercised by the State. | 18 | | A municipality that is operating under a court order or | 19 | | consent decree regarding original appointments to a full-time | 20 | | fire department before the effective date of this amendatory | 21 | | Act of the 97th General Assembly is exempt from the | 22 | | requirements of this Section for the duration of the court | 23 | | order or consent decree. | 24 | | Notwithstanding any other provision of this subsection | 25 | | (a), this Section does not apply to a municipality with more | 26 | | than 1,000,000 inhabitants. |
| | | 09900HB5201ham002 | - 3 - | LRB099 17313 EFG 47737 a |
|
| 1 | | (b) Original appointments. All original appointments made | 2 | | to an affected fire department shall be made from a register of | 3 | | eligibles established in accordance with the processes | 4 | | established by this Section. Only persons who meet or exceed | 5 | | the performance standards required by this Section shall be | 6 | | placed on a register of eligibles for original appointment to | 7 | | an affected fire department. | 8 | | Whenever an appointing authority authorizes action to hire | 9 | | a person to perform the duties of a firefighter or to hire a | 10 | | firefighter-paramedic to fill a position that is a new position | 11 | | or vacancy due to resignation, discharge, promotion, death, the | 12 | | granting of a disability or retirement pension, or any other | 13 | | cause, the appointing authority shall appoint to that position | 14 | | the person with the highest ranking on the final eligibility | 15 | | list. If the appointing authority has reason to conclude that | 16 | | the highest ranked person fails to meet the minimum standards | 17 | | for the position or if the appointing authority believes an | 18 | | alternate candidate would better serve the needs of the | 19 | | department, then the appointing authority has the right to pass | 20 | | over the highest ranked person and appoint either: (i) any | 21 | | person who has a ranking in the top 5% of the register of | 22 | | eligibles or (ii) any person who is among the top 5 highest | 23 | | ranked persons on the list of eligibles if the number of people | 24 | | who have a ranking in the top 5% of the register of eligibles | 25 | | is less than 5 people. | 26 | | Any candidate may pass on an appointment once without |
| | | 09900HB5201ham002 | - 4 - | LRB099 17313 EFG 47737 a |
|
| 1 | | losing his or her position on the register of eligibles. Any | 2 | | candidate who passes a second time may be removed from the list | 3 | | by the appointing authority provided that such action shall not | 4 | | prejudice a person's opportunities to participate in future | 5 | | examinations, including an examination held during the time a | 6 | | candidate is already on the municipality's register of | 7 | | eligibles. | 8 | | The sole authority to issue certificates of appointment | 9 | | shall be vested in the Civil Service Commission. All | 10 | | certificates of appointment issued to any officer or member of | 11 | | an affected department shall be signed by the chairperson and | 12 | | secretary, respectively, of the commission upon appointment of | 13 | | such officer or member to the affected department by the | 14 | | commission. Each person who accepts a certificate of | 15 | | appointment and successfully completes his or her probationary | 16 | | period shall be enrolled as a firefighter and as a regular | 17 | | member of the fire department. | 18 | | For the purposes of this Section, "firefighter" means any | 19 | | person who has been prior to, on, or after the effective date | 20 | | of this amendatory Act of the 97th General Assembly appointed | 21 | | to a fire department or fire protection district or employed by | 22 | | a State university and sworn or commissioned to perform | 23 | | firefighter duties or paramedic duties, or both, except that | 24 | | the following persons are not included: part-time | 25 | | firefighters; auxiliary, reserve, or voluntary firefighters, | 26 | | including paid-on-call firefighters; clerks and dispatchers or |
| | | 09900HB5201ham002 | - 5 - | LRB099 17313 EFG 47737 a |
|
| 1 | | other civilian employees of a fire department or fire | 2 | | protection district who are not routinely expected to perform | 3 | | firefighter duties; and elected officials. | 4 | | (c) Qualification for placement on register of eligibles. | 5 | | The purpose of establishing a register of eligibles is to | 6 | | identify applicants who possess and demonstrate the mental | 7 | | aptitude and physical ability to perform the duties required of | 8 | | members of the fire department in order to provide the highest | 9 | | quality of service to the public. To this end, all applicants | 10 | | for original appointment to an affected fire department shall | 11 | | be subject to examination and testing which shall be public, | 12 | | competitive, and open to all applicants unless the municipality | 13 | | shall by ordinance limit applicants to residents of the | 14 | | municipality, county or counties in which the municipality is | 15 | | located, State, or nation. Any examination and testing | 16 | | procedure utilized under subsection (e) of this Section shall | 17 | | be supported by appropriate validation evidence and shall | 18 | | comply with all applicable State and federal laws. | 19 | | Municipalities may establish educational, emergency medical | 20 | | service licensure, and other pre-requisites for participation | 21 | | in an examination or for hire as a firefighter. Any | 22 | | municipality may charge a fee to cover the costs of the | 23 | | application process. | 24 | | Residency requirements in effect at the time an individual | 25 | | enters the fire service of a municipality cannot be made more | 26 | | restrictive for that individual during his or her period of |
| | | 09900HB5201ham002 | - 6 - | LRB099 17313 EFG 47737 a |
|
| 1 | | service for that municipality, or be made a condition of | 2 | | promotion, except for the rank or position of fire chief and | 3 | | for no more than 2 positions that rank immediately below that | 4 | | of the chief rank which are appointed positions pursuant to the | 5 | | Fire Department Promotion Act. | 6 | | No person who is 35 years of age or older shall be eligible | 7 | | to take an examination for a position as a firefighter unless | 8 | | the person has had previous employment status as a firefighter | 9 | | in the regularly constituted fire department of the | 10 | | municipality, except as provided in this Section. The age | 11 | | limitation does not apply to: | 12 | | (1) any person previously employed as a full-time | 13 | | firefighter in a regularly constituted fire department of | 14 | | (i) any municipality or fire protection district located in | 15 | | Illinois, (ii) a fire protection district whose | 16 | | obligations were assumed by a municipality under Section 21 | 17 | | of the Fire Protection District Act, or (iii) a | 18 | | municipality whose obligations were taken over by a fire | 19 | | protection district, | 20 | | (2) any person who has served a municipality as a | 21 | | regularly enrolled volunteer, paid-on-call, or part-time | 22 | | firefighter for the 5 years immediately preceding the time | 23 | | that the municipality begins to use full-time firefighters | 24 | | to provide all or part of its fire protection service, or | 25 | | (3) any person who turned 35 while serving as a member | 26 | | of the active or reserve components of any of the branches |
| | | 09900HB5201ham002 | - 7 - | LRB099 17313 EFG 47737 a |
|
| 1 | | of the Armed Forces of the United States or the National | 2 | | Guard of any state, whose service was characterized as | 3 | | honorable or under honorable, if separated from the | 4 | | military, and is currently under the age of 40. | 5 | | No person who is under 21 years of age shall be eligible | 6 | | for employment as a firefighter. | 7 | | No applicant shall be examined concerning his or her | 8 | | political or religious opinions or affiliations. The | 9 | | examinations shall be conducted by the commissioners of the | 10 | | municipality or their designees and agents. | 11 | | No municipality shall require that any firefighter | 12 | | appointed to the lowest rank serve a probationary employment | 13 | | period of longer than one year of actual active employment, | 14 | | which may exclude periods of training, or injury or illness | 15 | | leaves, including duty related leave, in excess of 30 calendar | 16 | | days. Notwithstanding anything to the contrary in this Section, | 17 | | the probationary employment period limitation may be extended | 18 | | for a firefighter who is required, as a condition of | 19 | | employment, to be a licensed paramedic, during which time the | 20 | | sole reason that a firefighter may be discharged without a | 21 | | hearing is for failing to meet the requirements for paramedic | 22 | | licensure. | 23 | | In the event that any applicant who has been found eligible | 24 | | for appointment and whose name has been placed upon the final | 25 | | eligibility register provided for in this Division 1 has not | 26 | | been appointed to a firefighter position within one year after |
| | | 09900HB5201ham002 | - 8 - | LRB099 17313 EFG 47737 a |
|
| 1 | | the date of his or her physical ability examination, the | 2 | | commission may cause a second examination to be made of that | 3 | | applicant's physical ability prior to his or her appointment. | 4 | | If, after the second examination, the physical ability of the | 5 | | applicant shall be found to be less than the minimum standard | 6 | | fixed by the rules of the commission, the applicant shall not | 7 | | be appointed. The applicant's name may be retained upon the | 8 | | register of candidates eligible for appointment and when next | 9 | | reached for certification and appointment that applicant may be | 10 | | again examined as provided in this Section, and if the physical | 11 | | ability of that applicant is found to be less than the minimum | 12 | | standard fixed by the rules of the commission, the applicant | 13 | | shall not be appointed, and the name of the applicant shall be | 14 | | removed from the register. | 15 | | (d) Notice, examination, and testing components. Notice of | 16 | | the time, place, general scope, merit criteria for any | 17 | | subjective component, and fee of every examination shall be | 18 | | given by the commission, by a publication at least 2 weeks | 19 | | preceding the examination: (i) in one or more newspapers | 20 | | published in the municipality, or if no newspaper is published | 21 | | therein, then in one or more newspapers with a general | 22 | | circulation within the municipality, or (ii) on the | 23 | | municipality's Internet website. Additional notice of the | 24 | | examination may be given as the commission shall prescribe. | 25 | | The examination and qualifying standards for employment of | 26 | | firefighters shall be based on: mental aptitude, physical |
| | | 09900HB5201ham002 | - 9 - | LRB099 17313 EFG 47737 a |
|
| 1 | | ability, preferences, moral character, and health. The mental | 2 | | aptitude, physical ability, and preference components shall | 3 | | determine an applicant's qualification for and placement on the | 4 | | final register of eligibles. The examination may also include a | 5 | | subjective component based on merit criteria as determined by | 6 | | the commission. Scores from the examination must be made | 7 | | available to the public. | 8 | | (e) Mental aptitude. No person who does not possess at | 9 | | least a high school diploma or an equivalent high school | 10 | | education shall be placed on a register of eligibles. | 11 | | Examination of an applicant's mental aptitude shall be based | 12 | | upon a written examination. The examination shall be practical | 13 | | in character and relate to those matters that fairly test the | 14 | | capacity of the persons examined to discharge the duties | 15 | | performed by members of a fire department. Written examinations | 16 | | shall be administered in a manner that ensures the security and | 17 | | accuracy of the scores achieved. | 18 | | (f) Physical ability. All candidates shall be required to | 19 | | undergo an examination of their physical ability to perform the | 20 | | essential functions included in the duties they may be called | 21 | | upon to perform as a member of a fire department. For the | 22 | | purposes of this Section, essential functions of the job are | 23 | | functions associated with duties that a firefighter may be | 24 | | called upon to perform in response to emergency calls. The | 25 | | frequency of the occurrence of those duties as part of the fire | 26 | | department's regular routine shall not be a controlling factor |
| | | 09900HB5201ham002 | - 10 - | LRB099 17313 EFG 47737 a |
|
| 1 | | in the design of examination criteria or evolutions selected | 2 | | for testing. These physical examinations shall be open, | 3 | | competitive, and based on industry standards designed to test | 4 | | each applicant's physical abilities in the following | 5 | | dimensions: | 6 | | (1) Muscular strength to perform tasks and evolutions | 7 | | that may be required in the performance of duties including | 8 | | grip strength, leg strength, and arm strength. Tests shall | 9 | | be conducted under anaerobic as well as aerobic conditions | 10 | | to test both the candidate's speed and endurance in | 11 | | performing tasks and evolutions. Tasks tested may be based | 12 | | on standards developed, or approved, by the local | 13 | | appointing authority. | 14 | | (2) The ability to climb ladders, operate from heights, | 15 | | walk or crawl in the dark along narrow and uneven surfaces, | 16 | | and operate in proximity to hazardous environments. | 17 | | (3) The ability to carry out critical, time-sensitive, | 18 | | and complex problem solving during physical exertion in | 19 | | stressful and hazardous environments. The testing | 20 | | environment may be hot and dark with tightly enclosed | 21 | | spaces, flashing lights, sirens, and other distractions. | 22 | | The tests utilized to measure each applicant's
| 23 | | capabilities in each of these dimensions may be tests based on
| 24 | | industry standards currently in use or equivalent tests | 25 | | approved by the Joint Labor-Management Committee of the Office | 26 | | of the State Fire Marshal. |
| | | 09900HB5201ham002 | - 11 - | LRB099 17313 EFG 47737 a |
|
| 1 | | Physical ability examinations administered under this | 2 | | Section shall be conducted with a reasonable number of proctors | 3 | | and monitors, open to the public, and subject to reasonable | 4 | | regulations of the commission. | 5 | | (g) Scoring of examination components. Appointing | 6 | | authorities may create a preliminary eligibility register. A | 7 | | person shall be placed on the list based upon his or her | 8 | | passage of the written examination or the passage of the | 9 | | written examination and the physical ability component. | 10 | | Passage of the written examination means attaining the minimum | 11 | | score set by the commission. Minimum scores should be set by | 12 | | the commission so as to demonstrate a candidate's ability to | 13 | | perform the essential functions of the job. The minimum score | 14 | | set by the commission shall be supported by appropriate | 15 | | validation evidence and shall comply with all applicable State | 16 | | and federal laws. The appointing authority may conduct the | 17 | | physical ability component and any subjective components | 18 | | subsequent to the posting of the preliminary eligibility | 19 | | register. | 20 | | The examination components for an initial eligibility | 21 | | register shall be graded on a 100-point scale. A person's | 22 | | position on the list shall be determined by the following: (i)
| 23 | | the person's score on the written examination, (ii) the person
| 24 | | successfully passing the physical ability component, and (iii) | 25 | | the
person's results on any subjective component as described | 26 | | in
subsection (d). |
| | | 09900HB5201ham002 | - 12 - | LRB099 17313 EFG 47737 a |
|
| 1 | | In order to qualify for placement on the final eligibility | 2 | | register, an applicant's score on the written examination, | 3 | | before any applicable preference points or subjective points | 4 | | are applied, shall be at or above the minimum score set by the | 5 | | commission. The local appointing authority may prescribe the | 6 | | score to qualify for placement on the final eligibility | 7 | | register, but the score shall not be less than the minimum | 8 | | score set by the commission. | 9 | | The commission shall prepare and keep a register of persons | 10 | | whose total score is not less than the minimum score for | 11 | | passage and who have passed the physical ability examination. | 12 | | These persons shall take rank upon the register as candidates | 13 | | in the order of their relative excellence based on the highest | 14 | | to the lowest total points scored on the mental aptitude, | 15 | | subjective component, and preference components of the test | 16 | | administered in accordance with this Section. No more than 60 | 17 | | days after each examination, an initial eligibility list shall | 18 | | be posted by the commission. The list shall include the final | 19 | | grades of the candidates without reference to priority of the | 20 | | time of examination and subject to claim for preference credit. | 21 | | Commissions may conduct additional examinations, including | 22 | | without limitation a polygraph test, after a final eligibility | 23 | | register is established and before it expires with the | 24 | | candidates ranked by total score without regard to date of | 25 | | examination. No more than 60 days after each examination, an | 26 | | initial eligibility list shall be posted by the commission |
| | | 09900HB5201ham002 | - 13 - | LRB099 17313 EFG 47737 a |
|
| 1 | | showing the final grades of the candidates without reference to | 2 | | priority of time of examination and subject to claim for | 3 | | preference credit. | 4 | | (h) Preferences. The following are preferences: | 5 | | (1) Veteran preference. Persons who were engaged in the | 6 | | military service of the United States for a period of at | 7 | | least one year of active duty and who were honorably | 8 | | discharged therefrom, or who are now or have been members | 9 | | on inactive or reserve duty in such military or naval | 10 | | service, shall be preferred for appointment to and | 11 | | employment with the fire department of an affected | 12 | | department. | 13 | | (2) Fire cadet preference. Persons who have | 14 | | successfully completed 2 years of study in fire techniques | 15 | | or cadet training within a cadet program established under | 16 | | the rules of the Joint Labor and Management Committee | 17 | | (JLMC), as defined in Section 50 of the Fire Department | 18 | | Promotion Act, may be preferred for appointment to and | 19 | | employment with the fire department. | 20 | | (3) Educational preference. Persons who have | 21 | | successfully obtained an associate's degree in the field of | 22 | | fire service or emergency medical services, or a bachelor's | 23 | | degree from an accredited college or university may be | 24 | | preferred for appointment to and employment with the fire | 25 | | department. | 26 | | (4) Paramedic preference. Persons who have obtained a |
| | | 09900HB5201ham002 | - 14 - | LRB099 17313 EFG 47737 a |
|
| 1 | | license as a paramedic may be preferred for appointment to | 2 | | and employment with the fire department of an affected | 3 | | department providing emergency medical services. | 4 | | (5) Experience preference. All persons employed by a | 5 | | municipality who have been paid-on-call or part-time | 6 | | certified Firefighter II, certified Firefighter III, State | 7 | | of Illinois or nationally licensed EMT, EMT-I, A-EMT, or | 8 | | paramedic, or any combination of those capacities may be | 9 | | awarded up to a maximum of 5 points. However, the applicant | 10 | | may not be awarded more than 0.5 points for each complete | 11 | | year of paid-on-call or part-time service. Applicants from | 12 | | outside the municipality who were employed as full-time | 13 | | firefighters or firefighter-paramedics by a fire | 14 | | protection district or another municipality may be awarded | 15 | | up to 5 experience preference points. However, the | 16 | | applicant may not be awarded more than one point for each | 17 | | complete year of full-time service. | 18 | | Upon request by the commission, the governing body of | 19 | | the municipality or in the case of applicants from outside | 20 | | the municipality the governing body of any fire protection | 21 | | district or any other municipality shall certify to the | 22 | | commission, within 10 days after the request, the number of | 23 | | years of successful paid-on-call, part-time, or full-time | 24 | | service of any person. A candidate may not receive the full | 25 | | amount of preference points under this subsection if the | 26 | | amount of points awarded would place the candidate before a |
| | | 09900HB5201ham002 | - 15 - | LRB099 17313 EFG 47737 a |
|
| 1 | | veteran on the eligibility list. If more than one candidate | 2 | | receiving experience preference points is prevented from | 3 | | receiving all of their points due to not being allowed to | 4 | | pass a veteran, the candidates shall be placed on the list | 5 | | below the veteran in rank order based on the totals | 6 | | received if all points under this subsection were to be | 7 | | awarded. Any remaining ties on the list shall be determined | 8 | | by lot. | 9 | | (6) Residency preference. Applicants whose principal | 10 | | residence is located within the fire department's | 11 | | jurisdiction may be preferred for appointment to and | 12 | | employment with the fire department. | 13 | | (7) Additional preferences. Up to 5 additional | 14 | | preference points may be awarded for unique categories | 15 | | based on an applicant's experience or background as | 16 | | identified by the commission. In identifying these | 17 | | categories, the commission may determine that minority | 18 | | persons and female persons constitute unique categories of | 19 | | persons whose experience and background are valuable to the | 20 | | department and make them eligible to be awarded additional | 21 | | preference points under this item (7). | 22 | | For the purposes of this item (7), "minority person" | 23 | | means a person who is any of the
following:
(i) American | 24 | | Indian or Alaska Native (a person having
origins in any of | 25 | | the original peoples of North and South America, including | 26 | | Central America, and who maintains tribal affiliation or |
| | | 09900HB5201ham002 | - 16 - | LRB099 17313 EFG 47737 a |
|
| 1 | | community attachment);
(ii) Asian (a person having origins | 2 | | in any of the
original peoples of the Far East, Southeast | 3 | | Asia, or the Indian subcontinent, including, but not | 4 | | limited to, Cambodia, China, India, Japan, Korea, | 5 | | Malaysia, Pakistan, the Philippine Islands, Thailand, and | 6 | | Vietnam);
(iii) Black or African American (a person having
| 7 | | origins in any of the black racial groups of Africa); terms | 8 | | such as "Haitian" or "Negro" can be used in addition to | 9 | | "Black or African American";
(iv) Hispanic or Latino (a | 10 | | person of Cuban, Mexican,
Puerto Rican, South or Central | 11 | | American, or other Spanish culture or origin, regardless of | 12 | | race);
(v) Native Hawaiian or other Pacific Islander (a
| 13 | | person having origins in any of the original peoples of | 14 | | Hawaii, Guam, Samoa, or other Pacific Islands). | 15 | | (8) Scoring of preferences. The commission shall give | 16 | | preference for original appointment to persons designated | 17 | | in item (1)
by adding to the final grade that they receive | 18 | | 5 points
for the recognized preference achieved. The | 19 | | commission shall determine the number of preference points | 20 | | for each category except (1). The number of preference | 21 | | points for each category shall range from 0 to 5. In | 22 | | determining the number of preference points, the | 23 | | commission shall prescribe that if a candidate earns the | 24 | | maximum number of preference points in all categories, that | 25 | | number may not be less than 10 nor more than 30. The | 26 | | commission shall give preference for original appointment |
| | | 09900HB5201ham002 | - 17 - | LRB099 17313 EFG 47737 a |
|
| 1 | | to persons designated in items (2) through (7) by adding | 2 | | the requisite number of points to the final grade for each | 3 | | recognized preference achieved. The numerical result thus | 4 | | attained shall be applied by the commission in determining | 5 | | the final eligibility list and appointment from the | 6 | | eligibility list. The local appointing authority may | 7 | | prescribe the total number of preference points awarded | 8 | | under this Section, but the total number of preference | 9 | | points shall not be less than 10 points or more than 30 | 10 | | points. | 11 | | No person entitled to any preference shall be required to | 12 | | claim the credit before any examination held under the | 13 | | provisions of this Section, but the preference shall be given | 14 | | after the posting or publication of the initial eligibility | 15 | | list or register at the request of a person entitled to a | 16 | | credit before any certification or appointments are made from | 17 | | the eligibility register, upon the furnishing of verifiable | 18 | | evidence and proof of qualifying preference credit. Candidates | 19 | | who are eligible for preference credit shall make a claim in | 20 | | writing within 10 days after the posting of the initial | 21 | | eligibility list, or the claim shall be deemed waived. Final | 22 | | eligibility registers shall be established after the awarding | 23 | | of verified preference points. All employment shall be subject | 24 | | to the commission's initial hire background review including, | 25 | | but not limited to, criminal history, employment history, moral | 26 | | character, oral examination, and medical and psychological |
| | | 09900HB5201ham002 | - 18 - | LRB099 17313 EFG 47737 a |
|
| 1 | | examinations, all on a pass-fail basis. The medical and | 2 | | psychological examinations must be conducted last, and may only | 3 | | be performed after a conditional offer of employment has been | 4 | | extended. | 5 | | Any person placed on an eligibility list who exceeds the | 6 | | age requirement before being appointed to a fire department | 7 | | shall remain eligible for appointment until the list is | 8 | | abolished, or his or her name has been on the list for a period | 9 | | of 2 years. No person who has attained the age of 35 years | 10 | | shall be inducted into a fire department, except as otherwise | 11 | | provided in this Section. | 12 | | The commission shall strike off the names of candidates for | 13 | | original appointment after the names have been on the list for | 14 | | more than 2 years. | 15 | | (i) Moral character. No person shall be appointed to a fire | 16 | | department unless he or she is a person of good character; not | 17 | | a habitual drunkard, a gambler, or a person who has been | 18 | | convicted of a felony or a crime involving moral turpitude. | 19 | | However, no person shall be disqualified from appointment to | 20 | | the fire department because of the person's record of | 21 | | misdemeanor convictions except those under Sections 11-6, | 22 | | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | 23 | | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | 24 | | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections | 25 | | 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the | 26 | | Criminal Code of 2012, or arrest for any cause without |
| | | 09900HB5201ham002 | - 19 - | LRB099 17313 EFG 47737 a |
|
| 1 | | conviction thereon. Any such person who is in the department | 2 | | may be removed on charges brought for violating this subsection | 3 | | and after a trial as hereinafter provided. | 4 | | A classifiable set of the fingerprints of every person who | 5 | | is offered employment as a certificated member of an affected | 6 | | fire department whether with or without compensation, shall be | 7 | | furnished to the Illinois Department of State Police and to the | 8 | | Federal Bureau of Investigation by the commission. | 9 | | Whenever a commission is authorized or required by law to | 10 | | consider some aspect of criminal history record information for | 11 | | the purpose of carrying out its statutory powers and | 12 | | responsibilities, then, upon request and payment of fees in | 13 | | conformance with the requirements of Section 2605-400 of the | 14 | | State Police Law of the Civil Administrative Code of Illinois, | 15 | | the Department of State Police is authorized to furnish, | 16 | | pursuant to positive identification, the information contained | 17 | | in State files as is necessary to fulfill the request. | 18 | | (j) Temporary appointments. In order to prevent a stoppage | 19 | | of public business, to meet extraordinary exigencies, or to | 20 | | prevent material impairment of the fire department, the | 21 | | commission may make temporary appointments, to remain in force | 22 | | only until regular appointments are made under the provisions | 23 | | of this Division, but never to exceed 60 days. No temporary | 24 | | appointment of any one person shall be made more than twice in | 25 | | any calendar year. | 26 | | (k) A person who knowingly divulges or receives test |
| | | 09900HB5201ham002 | - 20 - | LRB099 17313 EFG 47737 a |
|
| 1 | | questions or answers before a written examination, or otherwise | 2 | | knowingly violates or subverts any requirement of this Section, | 3 | | commits a violation of this Section and may be subject to | 4 | | charges for official misconduct. | 5 | | A person who is the knowing recipient of test information | 6 | | in advance of the examination shall be disqualified from the | 7 | | examination or discharged from the position to which he or she | 8 | | was appointed, as applicable, and otherwise subjected to | 9 | | disciplinary actions.
| 10 | | (Source: P.A. 98-760, eff. 7-16-14; 98-973, eff. 8-15-14; | 11 | | 99-78, eff. 7-20-15; 99-379, eff. 8-17-15.)".
|
|