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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/10-2.1-15
(65 ILCS 5/10-2.1-15) (from Ch. 24, par. 10-2.1-15)
Sec. 10-2.1-15.
The board, by its rules, shall provide for promotion in the
fire and police departments on the basis of ascertained merit and seniority
in service and examination, and shall provide in all cases, where it is
practicable, that vacancies shall be filled by promotion. All examinations
for promotion shall be competitive among such members of the next lower
rank as desire to submit themselves to examination. All promotions shall be
made from the 3 having the highest rating, and where there are less than 3
names on the promotional eligible register, as originally posted, or
remaining thereon after appointments have been made therefrom, appointments
to fill existing vacancies shall be made from those names or name remaining
on the promotional register except that promotions made in any municipality
with more than 130,000 but less than 2,000,000 population may be made from
the 7 members having the highest rating. The method of examination and the rules
governing examinations for promotion shall be the same as provided for
applicants for original appointment, except that original appointments only
shall be on probation, as provided by the rules. The board shall strike off
the names of candidates for promotional appointment after they have
remained thereon for more than 3 years, provided there is no vacancy
existing which can be filled from the promotional register.
(Source: P.A. 83-761.)
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65 ILCS 5/10-2.1-16
(65 ILCS 5/10-2.1-16) (from Ch. 24, par. 10-2.1-16)
Sec. 10-2.1-16.
Temporary appointments.
In order to prevent a stoppage of public business, to meet extraordinary
exigencies, or to prevent material impairment of either the police or fire
department, the board may make temporary appointments, to remain in force
until regular appointments may be made under the provisions of this
Division 2.1, but never to exceed 60 days. No temporary appointment of any
one person shall be made more than twice in any calendar year.
(Source: Laws 1967, p. 3437 .)
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65 ILCS 5/10-2.1-17
(65 ILCS 5/10-2.1-17) (from Ch. 24, par. 10-2.1-17)
Sec. 10-2.1-17. Removal or discharge; investigation of charges;
retirement. Except as hereinafter provided, no officer or member of the fire
or police department of any municipality subject to this Division 2.1 shall be
removed or discharged except for cause, upon written charges, and after an
opportunity to be heard in his own defense.
The hearing shall be as hereinafter provided, unless the employer and the
labor organization representing the person have negotiated an alternative or
supplemental form of due process based upon impartial arbitration as a term of
a collective bargaining agreement. Such
bargaining shall be mandatory unless the parties mutually agree otherwise. Any such alternative agreement shall be permissive.
If the chief of the fire department or the chief of the police department or
both of them are appointed in the manner provided by ordinance, they may be
removed or discharged by the appointing authority. In such case the appointing
authority shall file with the corporate authorities the reasons for such
removal or discharge, which removal or discharge shall not become effective
unless confirmed by a majority vote of the corporate authorities. The board of
fire and police commissioners shall conduct a fair and impartial hearing of
the charges, to be commenced within 30 days of the filing thereof, which
hearing may be continued from time to time. In case an officer or member
is found guilty, the board may discharge him, or may suspend him not
exceeding 30 days without pay. The board may suspend any officer or
member pending the hearing with or without pay, but not to exceed 30
days. If the Board of Fire and Police Commissioners determines that the
charges are not sustained, the officer or member shall be reimbursed for
all wages withheld, if any. In the conduct of this hearing, each member
of the board shall have power to administer oaths and affirmations, and
the board shall have power to secure by its subpoena both the attendance
and testimony of witnesses and the production of books and papers
relevant to the hearing.
The age for retirement of policemen or firemen in the service of any
municipality which adopts this Division 2.1 is 65 years, unless the
Council or Board of Trustees shall by ordinance provide for an earlier
retirement age of not less than 60 years.
The provisions of the Administrative Review Law, and all amendments and
modifications thereof, and the rules
adopted pursuant thereto, shall apply to and govern all proceedings for
the judicial review of final administrative decisions of the board of
fire and police commissioners hereunder. The term "administrative
decision" is defined as in Section 3-101 of the Code of Civil Procedure.
Nothing in this Section shall be construed to prevent the chief of
the fire department or the chief of the police department from
suspending without pay a member of his department for a period of not
more than 5 calendar days, but he shall notify the board in writing of such
suspension.
The hearing shall be as hereinafter provided, unless the employer and the
labor organization representing the person have negotiated an alternative or
supplemental form of due process based upon impartial arbitration as a term of
a collective bargaining agreement. Such
bargaining shall be
mandatory unless the parties mutually agree otherwise. Any such alternative agreement shall be permissive.
Any policeman or fireman so suspended may appeal to the board of fire and
police commissioners for a review of the suspension within 5 calendar days
after such suspension, and upon such appeal, the board may sustain the action
of the chief of the department, may reverse it with instructions that the man
receive his pay for the period involved, or may suspend the officer for an
additional period of not more than 30 days or discharge him, depending upon
the facts presented.
(Source: P.A. 95-356, eff. 8-23-07.)
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65 ILCS 5/10-2.1-18
(65 ILCS 5/10-2.1-18) (from Ch. 24, par. 10-2.1-18)
Sec. 10-2.1-18. Fire or police departments - Reduction of force -
Reinstatement. When the force of the fire department or of the police
department is reduced, and positions displaced or abolished, seniority
shall prevail and the officers and members so reduced in rank, or removed
from the service of the fire department or of the police department shall
be considered furloughed without pay from the positions from which they
were reduced or removed.
Such reductions and removals shall be in strict compliance with
seniority and in no event shall any officer or member be reduced more than
one rank in a reduction of force. Officers and members with the least
seniority in the position to be reduced shall be reduced to the next lower
rated position. For purposes of determining which officers and members
will be reduced in rank, seniority shall be determined by adding the time
spent at the rank or position from which the officer or member is to be
reduced and the time spent at any higher rank or position in the
Department. For purposes of determining which officers or members in the
lowest rank or position shall be removed from the Department in the event
of a layoff, length of service in the Department shall be the basis for
determining seniority, with the least senior such officer or member being
the first so removed and laid off. Such officers or members laid off shall
have their names placed on an appropriate reemployment list in the reverse
order of dates of layoff.
If any positions which have been vacated because of reduction in forces
or displacement and abolition of positions, are reinstated, such members
and officers of the fire department or of the police department as are
furloughed from the said positions shall be notified by the board by
registered mail of such reinstatement of positions and shall have prior
right to such positions if otherwise qualified, and in all cases seniority
shall prevail. Written application for such reinstated position must be
made by the furloughed person within 30 days after notification as above
provided and such person may be required to submit to examination by
physicians, advanced practice registered nurses, or physician assistants of both the board of fire and police commissioners and the
appropriate pension board to determine his physical fitness.
(Source: P.A. 99-581, eff. 1-1-17; 100-513, eff. 1-1-18 .)
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65 ILCS 5/10-2.1-19
(65 ILCS 5/10-2.1-19) (from Ch. 24, par. 10-2.1-19)
Sec. 10-2.1-19.
Annual report-budget request.
Annually, at any time the corporate authorities may provide, the board
of fire and police commissioners shall submit to the mayor or president a
report of its activities, and of the rules in force and the practical
effect thereof. In this report the board may make suggestions which the
board believes would result in greater efficiency in the fire or police
department. The board shall also submit an annual budget request to the
municipal governing body prior to the end of each fiscal year. The mayor or
president shall transmit the report to the city council or board of
trustees.
(Source: Laws 1965, p. 2840 .)
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65 ILCS 5/10-2.1-20
(65 ILCS 5/10-2.1-20) (from Ch. 24, par. 10-2.1-20)
Sec. 10-2.1-20.
Secretary of board-duties-seal of board.
The board may employ a secretary, or may designate one of its own
members to act as secretary. The secretary (1) shall keep the minutes of
the board's proceedings, (2) shall be the custodian of all records
pertaining to the business of the board, (3) shall keep a record of all
examinations held, (4) shall perform all other duties the board prescribes,
and (5) shall be custodian of the seal of the board, if one is adopted, and
the board is hereby authorized to adopt an official seal and to prescribe
the form thereof by resolution of the board.
(Source: Laws 1965, p. 2840 .)
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65 ILCS 5/10-2.1-21
(65 ILCS 5/10-2.1-21) (from Ch. 24, par. 10-2.1-21)
Sec. 10-2.1-21.
Rooms and funds for operation of boards.
The corporate authorities shall provide suitable rooms for the board of
fire and police commissioners, and shall allow reasonable use of public
buildings for holding examinations by the board and shall further provide
adequate funds in the annual appropriation ordinance for the operation of
the board.
(Source: Laws 1965, p. 2840 .)
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65 ILCS 5/10-2.1-22
(65 ILCS 5/10-2.1-22) (from Ch. 24, par. 10-2.1-22)
Sec. 10-2.1-22.
Compensation of secretary and members of board.
The secretary may be paid a reasonable compensation for his services, to
be fixed by the corporate authorities. The corporate authorities may also
fix the compensation to be paid to the members of the board, but until the
corporate authorities make provision therefor, the members of the board
shall serve without compensation.
(Source: Laws 1965, p. 2840 .)
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65 ILCS 5/10-2.1-23
(65 ILCS 5/10-2.1-23) (from Ch. 24, par. 10-2.1-23)
Sec. 10-2.1-23.
Disability or military leave-Grant by board.
A person holding a position in a fire or police department who is
injured while in the performance of his duties and because of such injury
is temporarily unable to continue to perform his duties or who enters the
military or naval service of the United States because of a war in which
the United States is a party belligerent or as required by any Act of
Congress shall, upon written application to the board, be granted a
disability or military leave, as the case may be.
(Source: Laws 1965, p. 2840 .)
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65 ILCS 5/10-2.1-24
(65 ILCS 5/10-2.1-24) (from Ch. 24, par. 10-2.1-24)
Sec. 10-2.1-24.
Return to active duty.
A person who has been on disability or military leave granted by the
board and who wishes to return to active duty in his certified position
shall be credited with seniority for the period of such leave and, if
otherwise qualified, shall be reinstated to his certified position at the
rank or grade held at the start of the leave, not more than 60 days after
his written request for reinstatement is filed with the board. Such request
shall be filed not more than 30 days after termination of the disability or
military or naval service.
(Source: Laws 1965, p. 2840 .)
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65 ILCS 5/10-2.1-25
(65 ILCS 5/10-2.1-25) (from Ch. 24, par. 10-2.1-25)
Sec. 10-2.1-25.
Attorney for board.
The municipal attorney, in the event there is a separate attorney
designated as a prosecutor for such municipality, shall represent the board
unless the board is authorized by the municipality to employ its own
attorney, and such attorney shall handle prosecutions before the board, but
in the event that the municipal attorney shall both represent the
municipality and be prosecutor in such municipality, then and in such event
the governing body is hereby authorized to employ an attorney of its own
choosing to represent said board.
(Source: Laws 1965, p. 2840 .)
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65 ILCS 5/10-2.1-26
(65 ILCS 5/10-2.1-26) (from Ch. 24, par. 10-2.1-26)
Sec. 10-2.1-26.
Application of the Act.
The provisions of this Division shall apply only to full-time firemen
and full-time policemen of a regularly constituted fire or police
department and not to any other personnel of any kind or description.
(Source: Laws 1965, p. 2840 .)
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65 ILCS 5/10-2.1-27
(65 ILCS 5/10-2.1-27) (from Ch. 24, par. 10-2.1-27)
Sec. 10-2.1-27.
Adoption.
The electors of any municipality with less than 5,000 inhabitants may
adopt this Division 2.1 in the following manner: Whenever the electors
of such a municipality equal in number to 20% of the number of legal
votes cast at the last preceding general municipal election petition the
municipal clerk
to submit the proposition whether that municipality shall adopt this
Division 2.1, then the clerk shall
certify the proposition to the proper election authority
for submission at an election
in accordance with the general election law. If the proposition is
not adopted at that election, it may be submitted in like manner at any
general municipal election thereafter.
The proposition shall be substantially in the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall the city (or village or incorporated town) of.... YES adopt Division 2.1 of Article 10 of the Illinois Municipal Code - - - - - - - - - - - - - - - - - - - - -
providing for the appointment of a board of fire and NO police commissioners? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of the votes cast on this proposition at any such
election are for the proposition, this Division 2.1 is adopted in that
municipality.
(Source: P.A. 81-1489 .)
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65 ILCS 5/10-2.1-28
(65 ILCS 5/10-2.1-28) (from Ch. 24, par. 10-2.1-28)
Sec. 10-2.1-28.
Savings clause-construction.
The repeal of a statute or part thereof by this Act shall not affect any
action pending or rights existing at the time this Act takes effect.
The provisions of this Act insofar as they are the same or substantially
the same as those of any prior statute, shall be construed as a
continuation of such prior statute and not as a new enactment.
If in any other statute reference is made to an Act of the General
Assembly, or a Section of such an Act, which is continued in this Division,
such reference shall be held to refer to the Division or Section thereof so
continued in this Division.
(Source: Laws 1965, p. 2840 .)
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