093_HB1195eng

 
HB1195 Engrossed                     LRB093 03926 EFG 06081 b

 1        AN ACT in relation to fire protection.

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

 8        Section 10.  Applicability.
 9        (a)  This Act shall apply to all positions in an affected
10    department, except those specifically excluded in  items (i),
11    (ii), (iii), (iv), and (v) of the definition  of  "promotion"
12    in   Section  5  unless  such  positions  are  covered  by  a
13    collective bargaining agreement in  force  on  the  effective
14    date of this Act.  Existing promotion lists shall continue to
15    be  valid  until  after  their  expiration  dates, or up to a
16    maximum of 3 years after the effective date of this Act.
17        (b)  Notwithstanding any  statute,  ordinance,  rule,  or
18    other  laws  to  the  contrary, all promotions in an affected
19    department to which this Act applies shall be administered in
20    the manner provided  for  in  this  Act.  Provisions  of  the
21    Illinois  Municipal  Code,  the Fire Protection District Act,
22    municipal ordinances,  or  rules  adopted  pursuant  to  such
23    authority  and  other laws relating to promotions in affected
24    departments shall continue to apply to the  extent  they  are
25    compatible  with  this  Act,  but  in  the  event of conflict
26    between this Act and any other law, this Act shall control.
27        (c)  A home rule or non-home rule  municipality  may  not
28    administer  its fire department promotion process in a manner
29    that is inconsistent with  this  Act.    This  Section  is  a
30    limitation  under  subsection (i) of Section 6 of Article VII
31    of the Illinois Constitution on the  concurrent  exercise  by
32    home  rule units of the powers and functions exercised by the
33    State.
 
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 1        (d)  This Act does not apply to any municipality  with  a
 2    population over 1,000,000.
 3        (e)  This  Act is intended to serve as a minimum standard
 4    and shall be construed to authorize and not to limit:
 5             (1)  An  appointing  authority   from   establishing
 6        different    or    supplemental    promotional   criteria
 7        components, provided that each component  is  job-related
 8        and applied uniformly to all candidates.
 9             (2)  The negotiation by an employer and an exclusive
10        representative  of clauses within a collective bargaining
11        agreement relating to conditions or  procedures  for  the
12        promotion  of employees who are not specifically excluded
13        under items (i),  (ii),  (iii),  (iv),  and  (v)  of  the
14        definition of "promotion" in  Section 5.

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

14        Section 20. Promotion lists.
15        (a)  For the purpose of granting a promotion to any  rank
16    to  which  this  Act  applies, the appointing authority shall
17    from time  to  time,  as  necessary,  prepare  a  preliminary
18    promotion  list  in accordance with this Act. The preliminary
19    promotion list shall be  distributed,  posted,  or  otherwise
20    made  conveniently  available  by the appointing authority to
21    all members of the department.
22        (b)  A person's position  on  the  preliminary  promotion
23    list  shall  be  determined by a combination of factors which
24    may include any of the following:  (i) the person's score  on
25    the   written   examination  for  that  rank,  determined  in
26    accordance with  Section  35;  (ii)  the  person's  seniority
27    within  the department, determined in accordance with Section
28    40; (iii)  the  person's  ascertained  merit,  determined  in
29    accordance  with  Section  45; and (iv) the person's score on
30    the subjective  evaluation,  determined  in  accordance  with
31    Section  50.  Candidates  shall be ranked on the list in rank
32    order based on the highest to the lowest total points  scored
33    on all of the components of the test. Promotional components,
 
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 1    as  defined  herein,  shall be determined and administered in
 2    accordance with  the  referenced  Section,  unless  otherwise
 3    modified  or agreed to as provided by paragraph (1) or (2) of
 4    subsection (e) of Section 10.  The use of physical  criteria,
 5    including   but  not  limited  to  fitness  testing,  agility
 6    testing, and medical evaluations, is specifically barred from
 7    the promotion process.
 8        (c)  A person on the preliminary promotion  list  who  is
 9    eligible  for  a  veteran's  preference  under  the  laws and
10    agreements applicable to the department may  file  a  written
11    application  for  that  preference  within  10 days after the
12    initial posting  of  the  preliminary  promotion  list.   The
13    preference  shall  be calculated as provided under Section 55
14    and added to the total score achieved by the candidate on the
15    test.  The appointing authority shall then  make  adjustments
16    to  the rank order of the preliminary promotion list based on
17    any  veteran's  preferences  awarded.   The  final   adjusted
18    promotion   list   shall  then  be  distributed,  posted,  or
19    otherwise  made  conveniently  available  by  the  appointing
20    authority to all members of the department.
21        (d)  Whenever a promotional rank is  created  or  becomes
22    vacant  due  to  resignation, discharge, promotion, death, or
23    the granting of a disability or retirement  pension,  or  any
24    other  cause,  the  department shall appoint to that position
25    the person with the highest ranking on  the  final  promotion
26    list  for that rank, except that the appointing authority may
27    pass over the person with the highest ranking if  it  has  an
28    objectively  demonstrable  basis  for  determining  that  the
29    person  is unable to perform the duties of the position.  Any
30    dispute as to the existence of such a basis shall be  subject
31    to  resolution  in accordance with any grievance procedure in
32    effect covering the employee.
33        A vacancy shall be deemed to occur in a position  on  the
34    date  upon  which  the  position is vacated, and on that same
 
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 1    date, a vacancy shall occur in all  ranks  inferior  to  that
 2    rank,  provided that the position or positions continue to be
 3    funded and authorized by  the  corporate  authorities.  If  a
 4    vacated  position  is  not filled due to a lack of funding or
 5    authorization  and  is  subsequently  reinstated,  the  final
 6    promotion  list  shall  be  continued  in  effect  until  all
 7    positions vacated have been filled or for a period  up  to  5
 8    years  beginning  from  the  date  on  which the position was
 9    vacated.  In such event,  the  candidate  or  candidates  who
10    would   have   otherwise  been   promoted  when  the  vacancy
11    originally occurred shall be promoted.
12        Any candidate may refuse a promotion once without  losing
13    his  or  her  position  on the final adjusted promotion list.
14    Any candidate who refuses promotion a second  time  shall  be
15    removed from the final adjusted promotion list, provided that
16    such  action  shall not prejudice a person's opportunities to
17    participate in future promotion examinations.
18        (e)  A final adjusted promotion list shall  remain  valid
19    for  a  period  of  3  years  after  the  date of the initial
20    posting.  Integrated lists are prohibited  and  when  a  list
21    expires  it  shall  be void, except as provided in subsection
22    (d) of this Section.  If a promotion list is not  in  effect,
23    a successor list shall be prepared and distributed within 180
24    days  after  a  vacancy, as defined in subsection (d) of this
25    Section.

26        Section 25. Monitoring.
27        (a)  All aspects  of  the  promotion  process,  including
28    without  limitation  the administration, scoring, and posting
29    of  scores  for  the  written  examination   and   subjective
30    evaluation and the determination and posting of seniority and
31    ascertained  merit scores, shall be subject to monitoring and
32    review in accordance with this Section and  Sections  30  and
33    50.
 
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 1        (b)  Two  impartial  persons  who  are not members of the
 2    affected department shall be selected to act as observers  as
 3    follows:  by the exclusive bargaining agent or if there is no
 4    exclusive  bargaining  agent,  then  by  a  majority  of  the
 5    candidates  participating  in  the  promotion  process.   The
 6    corporate authorities may also select 2 additional  impartial
 7    observers.
 8        (c)  The  observers  monitoring the promotion process are
 9    authorized to be present and observe when  any  component  of
10    the  test  is  administered  or  scored.  Observers  may  not
11    interfere  with  the  promotion  process,  but shall promptly
12    report  any  observed   or   suspected   violation   of   the
13    requirements   of   this  Act  or  an  applicable  collective
14    bargaining agreement to  the  appointing  authority  and  all
15    other affected parties.

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

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

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

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

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

27        Section 60. Right to review. Any affected person or party
28    who believes that an error has  been  made  with  respect  to
29    eligibility  to  take  an  examination,  examination  result,
30    placement  or  position  on  a  promotion  list, or veteran's
31    preference shall be entitled to a review of the matter by the
32    appointing authority or as otherwise provided by law in  this
 
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 1    Act.   This  Section  is not exclusive and does not limit any
 2    right to seek review  or  redress  under  any  other  law  or
 3    agreement.

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

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

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

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