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Public Act 100-0425


 

Public Act 0425 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0425
 
SB1304 EnrolledLRB100 08288 AWJ 18390 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Municipal Code is amended by
changing Section 10-2.1-4 and by adding Section 10-1-7.3 as
follows:
 
    (65 ILCS 5/10-1-7.3 new)
    Sec. 10-1-7.3. Appointment of fire chief. Notwithstanding
any other provision in this Division, after the effective date
of this amendatory Act of the 100th General Assembly, a person
shall not be appointed as the chief, the acting chief, the
department head, or a position, by whatever title, that is
responsible for day-to-day operations of a fire department for
greater than 180 days unless he or she possesses the following
qualifications and certifications:
        (1) Office of the State Fire Marshal Firefighter Basic
    Certification or Firefighter II Certification; Office of
    the State Fire Marshal Fire Officer I and II
    Certifications; and an associate degree in fire science or
    a bachelor's degree from an accredited university or
    college; or
        (2) a minimum of 10 years' experience as a firefighter
    at the fire department in the jurisdiction making the
    appointment.
    This Section applies to fire departments that employ
firefighters hired under Section 10-1-7.1 or 10-1-7.2 of this
Division.
 
    (65 ILCS 5/10-2.1-4)  (from Ch. 24, par. 10-2.1-4)
    Sec. 10-2.1-4. Fire and police departments; Appointment of
members; Certificates of appointments.The board of fire and
police commissioners shall appoint all officers and members of
the fire and police departments of the municipality, including
the chief of police and the chief of the fire department,
unless the council or board of trustees shall by ordinance as
to them otherwise provide; except as otherwise provided in this
Section, and except that in any municipality which adopts or
has adopted this Division 2.1 and also adopts or has adopted
Article 5 of this Code, the chief of police and the chief of
the fire department shall be appointed by the municipal
manager, if it is provided by ordinance in such municipality
that such chiefs, or either of them, shall not be appointed by
the board of fire and police commissioners.
    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.
    After the effective date of this amendatory Act of the
100th General Assembly, a person shall not be appointed as the
chief, the acting chief, the department head, or a position, by
whatever title, that is responsible for day-to-day operations
of a fire department for greater than 180 days unless he or she
possesses the following qualifications and certifications:
        (1) Office of the State Fire Marshal Firefighter Basic
    Certification or Firefighter II Certification; Office of
    the State Fire Marshal Fire Officer I and II
    Certifications; and an associate degree in fire science or
    a bachelor's degree from an accredited university or
    college; or
        (2) a minimum of 10 years' experience as a firefighter
    at the fire department in the jurisdiction making the
    appointment.
This paragraph applies to fire departments that employ
firefighters hired under the provisions of this Division.
    If a member of the department is appointed chief of police
or chief of the fire department prior to being eligible to
retire on pension, he shall be considered as on furlough from
the rank he held immediately prior to his appointment as chief.
If he resigns as chief or is discharged as chief prior to
attaining eligibility to retire on pension, he shall revert to
and be established in whatever rank he currently holds, except
for previously appointed positions, and thereafter be entitled
to all the benefits and emoluments of that rank, without regard
as to whether a vacancy then exists in that rank.
    All appointments to each department other than that of the
lowest rank, however, shall be from the rank next below that to
which the appointment is made except as otherwise provided in
this Section, and except that the chief of police and the chief
of the fire department may be appointed from among members of
the police and fire departments, respectively, regardless of
rank, unless the council or board of trustees shall have by
ordinance as to them otherwise provided. A chief of police or
the chief of the fire department, having been appointed from
among members of the police or fire department, respectively,
shall be permitted, regardless of rank, to take promotional
exams and be promoted to a higher classified rank than he
currently holds, without having to resign as chief of police or
chief of the fire department.
    The sole authority to issue certificates of appointment
shall be vested in the Board of Fire and Police Commissioners
and all certificates of appointments issued to any officer or
member of the fire or police department of a municipality shall
be signed by the chairman and secretary respectively of the
board of fire and police commissioners of such municipality,
upon appointment of such officer or member of the fire and
police department of such municipality by action of the board
of fire and police commissioners. In any municipal fire
department that employs full-time firefighters and is subject
to a collective bargaining agreement, a person who has not
qualified for regular appointment under the provisions of this
Division 2.1 shall not be used as a temporary or permanent
substitute for classified members of a municipality's fire
department or for regular appointment as a classified member of
a municipality's fire department unless mutually agreed to by
the employee's certified bargaining agent. Such agreement
shall be considered a permissive subject of bargaining.
Municipal fire departments covered by the changes made by this
amendatory Act of the 95th General Assembly that are using
non-certificated employees as substitutes immediately prior to
the effective date of this amendatory Act of the 95th General
Assembly may, by mutual agreement with the certified bargaining
agent, continue the existing practice or a modified practice
and that agreement shall be considered a permissive subject of
bargaining. A home rule unit may not regulate the hiring of
temporary or substitute members of the municipality's fire
department in a manner that is inconsistent with this Section.
This Section is a limitation under subsection (i) of Section 6
of Article VII of the Illinois Constitution on the concurrent
exercise by home rule units of powers and functions exercised
by the State.
    The term "policemen" as used in this Division does not
include auxiliary police officers except as provided for in
Section 10-2.1-6.
    Any full time member of a regular fire or police department
of any municipality which comes under the provisions of this
Division or adopts this Division 2.1 or which has adopted any
of the prior Acts pertaining to fire and police commissioners,
is a city officer.
    Notwithstanding any other provision of this Section, the
Chief of Police of a department in a non-home rule municipality
of more than 130,000 inhabitants may, without the advice or
consent of the Board of Fire and Police Commissioners, appoint
up to 6 officers who shall be known as deputy chiefs or
assistant deputy chiefs, and whose rank shall be immediately
below that of Chief. The deputy or assistant deputy chiefs may
be appointed from any rank of sworn officers of that
municipality, but no person who is not such a sworn officer may
be so appointed. Such deputy chief or assistant deputy chief
shall have the authority to direct and issue orders to all
employees of the Department holding the rank of captain or any
lower rank. A deputy chief of police or assistant deputy chief
of police, having been appointed from any rank of sworn
officers of that municipality, shall be permitted, regardless
of rank, to take promotional exams and be promoted to a higher
classified rank than he currently holds, without having to
resign as deputy chief of police or assistant deputy chief of
police.
    Notwithstanding any other provision of this Section, a
non-home rule municipality of 130,000 or fewer inhabitants,
through its council or board of trustees, may, by ordinance,
provide for a position of deputy chief to be appointed by the
chief of the police department. The ordinance shall provide for
no more than one deputy chief position if the police department
has fewer than 25 full-time police officers and for no more
than 2 deputy chief positions if the police department has 25
or more full-time police officers. The deputy chief position
shall be an exempt rank immediately below that of Chief. The
deputy chief may be appointed from any rank of sworn, full-time
officers of the municipality's police department, but must have
at least 5 years of full-time service as a police officer in
that department. A deputy chief shall serve at the discretion
of the Chief and, if removed from the position, shall revert to
the rank currently held, without regard as to whether a vacancy
exists in that rank. A deputy chief of police, having been
appointed from any rank of sworn full-time officers of that
municipality's police department, shall be permitted,
regardless of rank, to take promotional exams and be promoted
to a higher classified rank than he currently holds, without
having to resign as deputy chief of police.
    No municipality having a population less than 1,000,000
shall require that any firefighter appointed to the lowest rank
serve a probationary employment period of longer than one year.
The limitation on periods of probationary employment provided
in this amendatory Act of 1989 is an exclusive power and
function of the State. Pursuant to subsection (h) of Section 6
of Article VII of the Illinois Constitution, a home rule
municipality having a population less than 1,000,000 must
comply with this limitation on periods of probationary
employment, which is a denial and limitation of home rule
powers. Notwithstanding anything to the contrary in this
Section, the probationary employment period limitation may be
extended for a firefighter who is required, as a condition of
employment, to be a licensed paramedic, during which time the
sole reason that a firefighter may be discharged without a
hearing is for failing to meet the requirements for paramedic
licensure.
    To the extent that this Section or any other Section in
this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4,
then Section 10-2.1-6.3 or 10-2.1-6.4 shall control.
(Source: P.A. 97-251, eff. 8-4-11; 97-813, eff. 7-13-12;
98-973, eff. 8-15-14.)
 
    Section 10. The Fire Protection District Act is amended by
adding Section 16.04b as follows:
 
    (70 ILCS 705/16.04b new)
    Sec. 16.04b. Appointment of fire chief. Notwithstanding
any other provision in this Act, after the effective date of
this amendatory Act of the 100th General Assembly, a person
shall not be appointed as the chief, the acting chief, the
department head, or a position, by whatever title, that is
responsible for day-to-day operations of a fire protection
district for greater than 180 days unless he or she possesses
the following qualifications and certifications:
        (1) Office of the State Fire Marshal Firefighter Basic
    Certification or Firefighter II Certification; Office of
    the State Fire Marshal Fire Officer I and II
    Certifications; and an associate degree in fire science or
    a bachelor's degree from an accredited university or
    college; or
        (2) a minimum of 10 years' experience as a firefighter
    in the fire protection district of the jurisdiction making
    the appointment.
    This Section applies to fire protection districts that
employ firefighters hired under the provisions of this Act.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/25/2017