HB1576 EnrolledLRB097 07146 RLJ 47248 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Sections 10-1-7 and 10-2.1-4 and by adding Sections
610-1-7.1, 10-1-7.2, 10-2.1-6.3, and 10-2.1-6.4 as follows:
 
7    (65 ILCS 5/10-1-7)  (from Ch. 24, par. 10-1-7)
8    Sec. 10-1-7. Examination of applicants; disqualifications.
9    (a) All applicants for offices or places in the classified
10service, except those mentioned in Section 10-1-17, are subject
11to examination. The examination shall be public, competitive,
12and open to all citizens of the United States, with specified
13limitations as to residence, age, health, habits and moral
14character.
15    (b) Residency requirements in effect at the time an
16individual enters the fire or police service of a municipality
17(other than a municipality that has more than 1,000,000
18inhabitants) cannot be made more restrictive for that
19individual during his or her period of service for that
20municipality, or be made a condition of promotion, except for
21the rank or position of Fire or Police Chief.
22    (c) No person with a record of misdemeanor convictions
23except those under Sections 11-6, 11-7, 11-9, 11-14, 11-15,

 

 

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111-17, 11-18, 11-19, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3,
224-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2,
332-3, 32-4, 32-8, and subsections (1), (6) and (8) of Section
424-1 of the Criminal Code of 1961 or arrested for any cause but
5not convicted on that cause shall be disqualified from taking
6the examination on grounds of habits or moral character, unless
7the person is attempting to qualify for a position on the
8police department, in which case the conviction or arrest may
9be considered as a factor in determining the person's habits or
10moral character.
11    (d) Persons entitled to military preference under Section
1210-1-16 shall not be subject to limitations specifying age
13unless they are applicants for a position as a fireman or a
14policeman having no previous employment status as a fireman or
15policeman in the regularly constituted fire or police
16department of the municipality, in which case they must not
17have attained their 35th birthday, except any person who has
18served as an auxiliary police officer under Section 3.1-30-20
19for at least 5 years and is under 40 years of age.
20    (e) All employees of a municipality of less than 500,000
21population (except those who would be excluded from the
22classified service as provided in this Division 1) who are
23holding that employment as of the date a municipality adopts
24this Division 1, or as of July 17, 1959, whichever date is the
25later, and who have held that employment for at least 2 years
26immediately before that later date, and all firemen and

 

 

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1policemen regardless of length of service who were either
2appointed to their respective positions by the board of fire
3and police commissioners under the provisions of Division 2 of
4this Article or who are serving in a position (except as a
5temporary employee) in the fire or police department in the
6municipality on the date a municipality adopts this Division 1,
7or as of July 17, 1959, whichever date is the later, shall
8become members of the classified civil service of the
9municipality without examination.
10    (f) The examinations shall be practical in their character,
11and shall relate to those matters that will fairly test the
12relative capacity of the persons examined to discharge the
13duties of the positions to which they seek to be appointed. The
14examinations shall include tests of physical qualifications,
15health, and (when appropriate) manual skill. If an applicant is
16unable to pass the physical examination solely as the result of
17an injury received by the applicant as the result of the
18performance of an act of duty while working as a temporary
19employee in the position for which he or she is being examined,
20however, the physical examination shall be waived and the
21applicant shall be considered to have passed the examination.
22No questions in any examination shall relate to political or
23religious opinions or affiliations. Results of examinations
24and the eligible registers prepared from the results shall be
25published by the commission within 60 days after any
26examinations are held.

 

 

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1    (g) The commission shall control all examinations, and may,
2whenever an examination is to take place, designate a suitable
3number of persons, either in or not in the official service of
4the municipality, to be examiners. The examiners shall conduct
5the examinations as directed by the commission and shall make a
6return or report of the examinations to the commission. If the
7appointed examiners are in the official service of the
8municipality, the examiners shall not receive extra
9compensation for conducting the examinations. The commission
10may at any time substitute any other person, whether or not in
11the service of the municipality, in the place of any one
12selected as an examiner. The commission members may themselves
13at any time act as examiners without appointing examiners. The
14examiners at any examination shall not all be members of the
15same political party.
16    (h) In municipalities of 500,000 or more population, no
17person who has attained his or her 35th birthday shall be
18eligible to take an examination for a position as a fireman or
19a policeman unless the person has had previous employment
20status as a policeman or fireman in the regularly constituted
21police or fire department of the municipality, except as
22provided in this Section.
23    (i) In municipalities of more than 5,000 but not more than
24200,000 inhabitants, no person who has attained his or her 35th
25birthday shall be eligible to take an examination for a
26position as a fireman or a policeman unless the person has had

 

 

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1previous employment status as a policeman or fireman in the
2regularly constituted police or fire department of the
3municipality, except as provided in this Section.
4    (j) In all municipalities, applicants who are 20 years of
5age and who have successfully completed 2 years of law
6enforcement studies at an accredited college or university may
7be considered for appointment to active duty with the police
8department. An applicant described in this subsection (j) who
9is appointed to active duty shall not have power of arrest, nor
10shall the applicant be permitted to carry firearms, until he or
11she reaches 21 years of age.
12    (k) In municipalities of more than 500,000 population,
13applications for examination for and appointment to positions
14as firefighters or police shall be made available at various
15branches of the public library of the municipality.
16    (l) No municipality having a population less than 1,000,000
17shall require that any fireman appointed to the lowest rank
18serve a probationary employment period of longer than one year.
19The limitation on periods of probationary employment provided
20in this amendatory Act of 1989 is an exclusive power and
21function of the State. Pursuant to subsection (h) of Section 6
22of Article VII of the Illinois Constitution, a home rule
23municipality having a population less than 1,000,000 must
24comply with this limitation on periods of probationary
25employment, which is a denial and limitation of home rule
26powers. Notwithstanding anything to the contrary in this

 

 

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1Section, the probationary employment period limitation may be
2extended for a firefighter who is required, as a condition of
3employment, to be a certified paramedic, during which time the
4sole reason that a firefighter may be discharged without a
5hearing is for failing to meet the requirements for paramedic
6certification.
7    (m) To the extent that this Section or any other Section in
8this Division conflicts with Section 10-1-7.1 or 10-1-7.2, then
9Section 10-1-7.1 or 10-1-7.2 shall control.
10(Source: P.A. 94-135, eff. 7-7-05; 94-984, eff. 6-30-06.)
 
11    (65 ILCS 5/10-1-7.1 new)
12    Sec. 10-1-7.1. Original appointments; full-time fire
13department.
14    (a) Applicability. Unless a commission elects to follow the
15provisions of Section 10-1-7.2, this Section shall apply to all
16original appointments to an affected full-time fire
17department. Existing registers of eligibles shall continue to
18be valid until their expiration dates, or up to a maximum of 2
19years after the effective date of this amendatory Act of the
2097th General Assembly.
21    Notwithstanding any statute, ordinance, rule, or other law
22to the contrary, all original appointments to an affected
23department to which this Section applies shall be administered
24in the manner provided for in this Section. Provisions of the
25Illinois Municipal Code, municipal ordinances, and rules

 

 

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1adopted pursuant to such authority and other laws relating to
2initial hiring of firefighters in affected departments shall
3continue to apply to the extent they are compatible with this
4Section, but in the event of a conflict between this Section
5and any other law, this Section shall control.
6    A home rule or non-home rule municipality may not
7administer its fire department process for original
8appointments in a manner that is less stringent than this
9Section. This Section is a limitation under subsection (i) of
10Section 6 of Article VII of the Illinois Constitution on the
11concurrent exercise by home rule units of the powers and
12functions exercised by the State.
13    A municipality that is operating under a court order or
14consent decree regarding original appointments to a full-time
15fire department before the effective date of this amendatory
16Act of the 97th General Assembly is exempt from the
17requirements of this Section for the duration of the court
18order or consent decree.
19    Notwithstanding any other provision of this subsection
20(a), this Section does not apply to a municipality with more
21than 1,000,000 inhabitants.
22    (b) Original appointments. All original appointments made
23to an affected fire department shall be made from a register of
24eligibles established in accordance with the processes
25established by this Section. Only persons who meet or exceed
26the performance standards required by this Section shall be

 

 

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1placed on a register of eligibles for original appointment to
2an affected fire department.
3    Whenever an appointing authority authorizes action to hire
4a person to perform the duties of a firefighter or to hire a
5firefighter-paramedic to fill a position that is a new position
6or vacancy due to resignation, discharge, promotion, death, the
7granting of a disability or retirement pension, or any other
8cause, the appointing authority shall appoint to that position
9the person with the highest ranking on the final eligibility
10list. If the appointing authority has reason to conclude that
11the highest ranked person fails to meet the minimum standards
12for the position or if the appointing authority believes an
13alternate candidate would better serve the needs of the
14department, then the appointing authority has the right to pass
15over the highest ranked person and appoint either: (i) any
16person who has a ranking in the top 5% of the register of
17eligibles or (ii) any person who is among the top 5 highest
18ranked persons on the list of eligibles if the number of people
19who have a ranking in the top 5% of the register of eligibles
20is less than 5 people.
21    Any candidate may pass on an appointment once without
22losing his or her position on the register of eligibles. Any
23candidate who passes a second time may be removed from the list
24by the appointing authority provided that such action shall not
25prejudice a person's opportunities to participate in future
26examinations, including an examination held during the time a

 

 

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1candidate is already on the municipality's register of
2eligibles.
3    The sole authority to issue certificates of appointment
4shall be vested in the Civil Service Commission. All
5certificates of appointment issued to any officer or member of
6an affected department shall be signed by the chairperson and
7secretary, respectively, of the commission upon appointment of
8such officer or member to the affected department by the
9commission. Each person who accepts a certificate of
10appointment and successfully completes his or her probationary
11period shall be enrolled as a firefighter and as a regular
12member of the fire department.
13    For the purposes of this Section, "firefighter" means any
14person who has been prior to, on, or after the effective date
15of this amendatory Act of the 97th General Assembly appointed
16to a fire department or fire protection district or employed by
17a State university and sworn or commissioned to perform
18firefighter duties or paramedic duties, or both, except that
19the following persons are not included: part-time
20firefighters; auxiliary, reserve, or voluntary firefighters,
21including paid-on-call firefighters; clerks and dispatchers or
22other civilian employees of a fire department or fire
23protection district who are not routinely expected to perform
24firefighter duties; and elected officials.
25    (c) Qualification for placement on register of eligibles.
26The purpose of establishing a register of eligibles is to

 

 

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1identify applicants who possess and demonstrate the mental
2aptitude and physical ability to perform the duties required of
3members of the fire department in order to provide the highest
4quality of service to the public. To this end, all applicants
5for original appointment to an affected fire department shall
6be subject to examination and testing which shall be public,
7competitive, and open to all applicants unless the municipality
8shall by ordinance limit applicants to residents of the
9municipality, county or counties in which the municipality is
10located, State, or nation. Municipalities may establish
11educational, emergency medical service licensure, and other
12pre-requisites for participation in an examination or for hire
13as a firefighter. Any municipality may charge a fee to cover
14the costs of the application process.
15    Residency requirements in effect at the time an individual
16enters the fire service of a municipality cannot be made more
17restrictive for that individual during his or her period of
18service for that municipality, or be made a condition of
19promotion, except for the rank or position of fire chief and
20for no more than 2 positions that rank immediately below that
21of the chief rank which are appointed positions pursuant to the
22Fire Department Promotion Act.
23    No person who is 35 years of age or older shall be eligible
24to take an examination for a position as a firefighter unless
25the person has had previous employment status as a firefighter
26in the regularly constituted fire department of the

 

 

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1municipality, except as provided in this Section. The age
2limitation does not apply to:
3        (1) any person previously employed as a full-time
4    firefighter in a regularly constituted fire department of
5    (i) any municipality or fire protection district located in
6    Illinois, (ii) a fire protection district whose
7    obligations were assumed by a municipality under Section 21
8    of the Fire Protection District Act, or (iii) a
9    municipality whose obligations were taken over by a fire
10    protection district, or
11        (2) any person who has served a municipality as a
12    regularly enrolled volunteer, paid-on-call, or part-time
13    firefighter for the 5 years immediately preceding the time
14    that the municipality begins to use full-time firefighters
15    to provide all or part of its fire protection service.
16    No person who is under 21 years of age shall be eligible
17for employment as a firefighter.
18    No applicant shall be examined concerning his or her
19political or religious opinions or affiliations. The
20examinations shall be conducted by the commissioners of the
21municipality or their designees and agents.
22    No municipality shall require that any firefighter
23appointed to the lowest rank serve a probationary employment
24period of longer than one year of actual active employment,
25which may exclude periods of training, or injury or illness
26leaves, including duty related leave, in excess of 30 calendar

 

 

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1days. Notwithstanding anything to the contrary in this Section,
2the probationary employment period limitation may be extended
3for a firefighter who is required, as a condition of
4employment, to be a certified paramedic, during which time the
5sole reason that a firefighter may be discharged without a
6hearing is for failing to meet the requirements for paramedic
7certification.
8    In the event that any applicant who has been found eligible
9for appointment and whose name has been placed upon the final
10eligibility register provided for in this Division 1 has not
11been appointed to a firefighter position within one year after
12the date of his or her physical ability examination, the
13commission may cause a second examination to be made of that
14applicant's physical ability prior to his or her appointment.
15If, after the second examination, the physical ability of the
16applicant shall be found to be less than the minimum standard
17fixed by the rules of the commission, the applicant shall not
18be appointed. The applicant's name may be retained upon the
19register of candidates eligible for appointment and when next
20reached for certification and appointment that applicant may be
21again examined as provided in this Section, and if the physical
22ability of that applicant is found to be less than the minimum
23standard fixed by the rules of the commission, the applicant
24shall not be appointed, and the name of the applicant shall be
25removed from the register.
26    (d) Notice, examination, and testing components. Notice of

 

 

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1the time, place, general scope, merit criteria for any
2subjective component, and fee of every examination shall be
3given by the commission, by a publication at least 2 weeks
4preceding the examination: (i) in one or more newspapers
5published in the municipality, or if no newspaper is published
6therein, then in one or more newspapers with a general
7circulation within the municipality, or (ii) on the
8municipality's Internet website. Additional notice of the
9examination may be given as the commission shall prescribe.
10    The examination and qualifying standards for employment of
11firefighters shall be based on: mental aptitude, physical
12ability, preferences, moral character, and health. The mental
13aptitude, physical ability, and preference components shall
14determine an applicant's qualification for and placement on the
15final register of eligibles. The examination may also include a
16subjective component based on merit criteria as determined by
17the commission. Scores from the examination must be made
18available to the public.
19    (e) Mental aptitude. No person who does not possess at
20least a high school diploma or an equivalent high school
21education shall be placed on a register of eligibles.
22Examination of an applicant's mental aptitude shall be based
23upon a written examination. The examination shall be practical
24in character and relate to those matters that fairly test the
25capacity of the persons examined to discharge the duties
26performed by members of a fire department. Written examinations

 

 

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1shall be administered in a manner that ensures the security and
2accuracy of the scores achieved.
3    (f) Physical ability. All candidates shall be required to
4undergo an examination of their physical ability to perform the
5essential functions included in the duties they may be called
6upon to perform as a member of a fire department. For the
7purposes of this Section, essential functions of the job are
8functions associated with duties that a firefighter may be
9called upon to perform in response to emergency calls. The
10frequency of the occurrence of those duties as part of the fire
11department's regular routine shall not be a controlling factor
12in the design of examination criteria or evolutions selected
13for testing. These physical examinations shall be open,
14competitive, and based on industry standards designed to test
15each applicant's physical abilities in the following
16dimensions (or a similar test designed to ensure that the
17successful candidates are able to perform the essential
18functions of the firefighter's job description):
19        (1) Muscular strength to perform tasks and evolutions
20    that may be required in the performance of duties including
21    grip strength, leg strength, and arm strength. Tests shall
22    be conducted under anaerobic as well as aerobic conditions
23    to test both the candidate's speed and endurance in
24    performing tasks and evolutions. Tasks tested may be based
25    on standards developed, or approved, by the local
26    appointing authority.

 

 

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1        (2) The ability to climb ladders, operate from heights,
2    walk or crawl in the dark along narrow and uneven surfaces,
3    and operate in proximity to hazardous environments.
4        (3) The ability to carry out critical, time-sensitive,
5    and complex problem solving during physical exertion in
6    stressful and hazardous environments. The testing
7    environment may be hot and dark with tightly enclosed
8    spaces, flashing lights, sirens, and other distractions.
9    Physical ability examinations administered under this
10Section shall be conducted with a reasonable number of proctors
11and monitors, open to the public, and subject to reasonable
12regulations of the commission.
13    (g) Scoring of examination components. Appointing
14authorities may create a preliminary eligibility register. A
15person shall be placed on the list based upon his or her
16passage of the written examination or the passage of the
17written examination and the physical ability component.
18Passage of the written examination means a score that is at or
19above the mean score for all applicants participating in the
20written test. The appointing authority may conduct the physical
21ability component and any subjective components subsequent to
22the posting of the preliminary eligibility register.
23    The examination components for an initial eligibility
24register shall be graded on a 100-point scale. A person's
25position on the list shall be determined by the following: (i)
26the person's score on the written examination, (ii) the person

 

 

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1successfully passing the physical ability component, and (iii)
2the person's results on any subjective component as described
3in subsection (d).
4    In order to qualify for placement on the final eligibility
5register, an applicant's total score, before any applicable
6preference points are applied, shall be at or above the mean
7score plus 10%. The local appointing authority may prescribe
8the score to qualify for placement on the final eligibility
9register, but the score shall not be less than the mean score
10plus 10%.
11    The commission shall prepare and keep a register of persons
12whose total score is not less than the minimum fixed by this
13Section and who have passed the physical ability examination.
14These persons shall take rank upon the register as candidates
15in the order of their relative excellence based on the highest
16to the lowest total points scored on the mental aptitude,
17subjective component, and preference components of the test
18administered in accordance with this Section. No more than 60
19days after each examination, an initial eligibility list shall
20be posted by the commission. The list shall include the final
21grades of the candidates without reference to priority of the
22time of examination and subject to claim for preference credit.
23    Commissions may conduct additional examinations, including
24without limitation a polygraph test, after a final eligibility
25register is established and before it expires with the
26candidates ranked by total score without regard to date of

 

 

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1examination. No more than 60 days after each examination, an
2initial eligibility list shall be posted by the commission
3showing the final grades of the candidates without reference to
4priority of time of examination and subject to claim for
5preference credit.
6    (h) Preferences. The following are preferences:
7        (1) Veteran preference. Persons who were engaged in the
8    military service of the United States for a period of at
9    least one year of active duty and who were honorably
10    discharged therefrom, or who are now or have been members
11    on inactive or reserve duty in such military or naval
12    service, shall be preferred for appointment to and
13    employment with the fire department of an affected
14    department.
15        (2) Fire cadet preference. Persons who have
16    successfully completed 2 years of study in fire techniques
17    or cadet training within a cadet program established under
18    the rules of the Joint Labor and Management Committee
19    (JLMC), as defined in Section 50 of the Fire Department
20    Promotion Act, may be preferred for appointment to and
21    employment with the fire department.
22        (3) Educational preference. Persons who have
23    successfully obtained an associate's degree in the field of
24    fire service or emergency medical services, or a bachelor's
25    degree from an accredited college or university may be
26    preferred for appointment to and employment with the fire

 

 

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1    department.
2        (4) Paramedic preference. Persons who have obtained
3    certification as an Emergency Medical Technician-Paramedic
4    (EMT-P) may be preferred for appointment to and employment
5    with the fire department of an affected department
6    providing emergency medical services.
7        (5) Experience preference. All persons employed by a
8    municipality who have been paid-on-call or part-time
9    certified Firefighter II, certified Firefighter III, State
10    of Illinois or nationally licensed EMT-B or EMT-I, licensed
11    paramedic, or any combination of those capacities may be
12    awarded up to a maximum of 5 points. However, the applicant
13    may not be awarded more than 0.5 points for each complete
14    year of paid-on-call or part-time service. Applicants from
15    outside the municipality who were employed as full-time
16    firefighters or firefighter-paramedics by a fire
17    protection district or another municipality may be awarded
18    up to 5 experience preference points. However, the
19    applicant may not be awarded more than one point for each
20    complete year of full-time service.
21        (6) Residency preference. Applicants whose principal
22    residence is located within the fire department's
23    jurisdiction may be preferred for appointment to and
24    employment with the fire department.
25        Upon request by the commission, the governing body of
26    the municipality or in the case of applicants from outside

 

 

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1    the municipality the governing body of any fire protection
2    district or any other municipality shall certify to the
3    commission, within 10 days after the request, the number of
4    years of successful paid-on-call, part-time, or full-time
5    service of any person. A candidate may not receive the full
6    amount of preference points under this subsection if the
7    amount of points awarded would place the candidate before a
8    veteran on the eligibility list. If more than one candidate
9    receiving experience preference points is prevented from
10    receiving all of their points due to not being allowed to
11    pass a veteran, the candidates shall be placed on the list
12    below the veteran in rank order based on the totals
13    received if all points under this subsection were to be
14    awarded. Any remaining ties on the list shall be determined
15    by lot.
16        (7) Additional preferences. Up to 5 additional
17    preference points may be awarded for unique categories
18    based on an applicant's experience or background as
19    identified by the commission.
20        (8) Scoring of preferences. The commission shall give
21    preference for original appointment to persons designated
22    in item (1) by adding to the final grade that they receive
23    5 points for the recognized preference achieved. The
24    commission shall determine the number of preference points
25    for each category except (1). The number of preference
26    points for each category shall range from 0 to 5. In

 

 

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1    determining the number of preference points, the
2    commission shall prescribe that if a candidate earns the
3    maximum number of preference points in all categories, that
4    number may not be less than 10 nor more than 30. The
5    commission shall give preference for original appointment
6    to persons designated in items (2) through (7) by adding
7    the requisite number of points to the final grade for each
8    recognized preference achieved. The numerical result thus
9    attained shall be applied by the commission in determining
10    the final eligibility list and appointment from the
11    eligibility list. The local appointing authority may
12    prescribe the total number of preference points awarded
13    under this Section, but the total number of preference
14    points shall not be less than 10 points or more than 30
15    points.
16    No person entitled to any preference shall be required to
17claim the credit before any examination held under the
18provisions of this Section, but the preference shall be given
19after the posting or publication of the initial eligibility
20list or register at the request of a person entitled to a
21credit before any certification or appointments are made from
22the eligibility register, upon the furnishing of verifiable
23evidence and proof of qualifying preference credit. Candidates
24who are eligible for preference credit shall make a claim in
25writing within 10 days after the posting of the initial
26eligibility list, or the claim shall be deemed waived. Final

 

 

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1eligibility registers shall be established after the awarding
2of verified preference points. All employment shall be subject
3to the commission's initial hire background review including,
4but not limited to, criminal history, employment history, moral
5character, oral examination, and medical and psychological
6examinations, all on a pass-fail basis. The medical and
7psychological examinations must be conducted last, and may only
8be performed after a conditional offer of employment has been
9extended.
10    Any person placed on an eligibility list who exceeds the
11age requirement before being appointed to a fire department
12shall remain eligible for appointment until the list is
13abolished, or his or her name has been on the list for a period
14of 2 years. No person who has attained the age of 35 years
15shall be inducted into a fire department, except as otherwise
16provided in this Section.
17    The commission shall strike off the names of candidates for
18original appointment after the names have been on the list for
19more than 2 years.
20    (i) Moral character. No person shall be appointed to a fire
21department unless he or she is a person of good character; not
22a habitual drunkard, a gambler, or a person who has been
23convicted of a felony or a crime involving moral turpitude.
24However, no person shall be disqualified from appointment to
25the fire department because of the person's record of
26misdemeanor convictions except those under Sections 11-6,

 

 

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111-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
212-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
331-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
41, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or
5arrest for any cause without conviction thereon. Any such
6person who is in the department may be removed on charges
7brought for violating this subsection and after a trial as
8hereinafter provided.
9    A classifiable set of the fingerprints of every person who
10is offered employment as a certificated member of an affected
11fire department whether with or without compensation, shall be
12furnished to the Illinois Department of State Police and to the
13Federal Bureau of Investigation by the commission.
14    Whenever a commission is authorized or required by law to
15consider some aspect of criminal history record information for
16the purpose of carrying out its statutory powers and
17responsibilities, then, upon request and payment of fees in
18conformance with the requirements of Section 2605-400 of the
19State Police Law of the Civil Administrative Code of Illinois,
20the Department of State Police is authorized to furnish,
21pursuant to positive identification, the information contained
22in State files as is necessary to fulfill the request.
23    (j) Temporary appointments. In order to prevent a stoppage
24of public business, to meet extraordinary exigencies, or to
25prevent material impairment of the fire department, the
26commission may make temporary appointments, to remain in force

 

 

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1only until regular appointments are made under the provisions
2of this Division, but never to exceed 60 days. No temporary
3appointment of any one person shall be made more than twice in
4any calendar year.
5    (k) A person who knowingly divulges or receives test
6questions or answers before a written examination, or otherwise
7knowingly violates or subverts any requirement of this Section,
8commits a violation of this Section and may be subject to
9charges for official misconduct.
10    A person who is the knowing recipient of test information
11in advance of the examination shall be disqualified from the
12examination or discharged from the position to which he or she
13was appointed, as applicable, and otherwise subjected to
14disciplinary actions.
 
15    (65 ILCS 5/10-1-7.2 new)
16    Sec. 10-1-7.2. Alternative procedure; original
17appointment; full-time firefighter.
18    (a) Authority. The Joint Labor and Management Committee
19(JLMC), as defined in Section 50 of the Fire Department
20Promotion Act, may establish a community outreach program to
21market the profession of firefighter and firefighter-paramedic
22so as to ensure the pool of applicants recruited is of broad
23diversity and the highest quality.
24    For the purposes of this Section, "firefighter" means any
25person who has been prior to, on, or after the effective date

 

 

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1of this amendatory Act of the 97th General Assembly appointed
2to a fire department or fire protection district or employed by
3a State university and sworn or commissioned to perform
4firefighter duties or paramedic duties, or both, except that
5the following persons are not included: part-time
6firefighters; auxiliary, reserve, or voluntary firefighters,
7including paid-on-call firefighters; clerks and dispatchers or
8other civilian employees of a fire department or fire
9protection district who are not routinely expected to perform
10firefighter duties; and elected officials.
11    (b) Eligibility. Persons eligible for placement on the
12master register of eligibles shall consist of the following:
13        Persons who have participated in and received a passing
14    total score on the mental aptitude, physical ability, and
15    preference components of a regionally administered test
16    based on the standards described in this Section. The
17    standards for administering these tests and the minimum
18    passing score required for placement on this list shall be
19    as is set forth in this Section.
20        Qualified candidates shall be listed on the master
21    register of eligibles in highest to lowest rank order based
22    upon their test scores without regard to their date of
23    examination. Candidates listed on the master register of
24    eligibles shall be eligible for appointment for 2 years
25    after the date of the certification of their final score on
26    the register without regard to the date of their

 

 

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1    examination. After 2 years, the candidate's name shall be
2    struck from the list.
3        Any person currently employed as a full-time member of
4    a fire department or any person who has experienced a
5    non–voluntary (and non-disciplinary) separation from the
6    active workforce due to a reduction in the number of
7    departmental officers, who was appointed pursuant to this
8    Division, Division 2.1 of Article 10 of the Illinois
9    Municipal Code, or the Fire Protection District Act, and
10    who during the previous 24 months participated in and
11    received a passing score on the physical ability and mental
12    aptitude components of the test may request that his or her
13    name be added to the master register. Any eligible person
14    may be offered employment by a local commission under the
15    same procedures as provided by this Section except that the
16    apprenticeship period may be waived and the applicant may
17    be immediately issued a certificate of original
18    appointment by the local commission.
19    (c) Qualifications for placement on register of eligibles.
20The purpose for establishing a master register of eligibles
21shall be to identify applicants who possess and demonstrate the
22mental aptitude and physical ability to perform the duties
23required of members of the fire department in order to provide
24the highest quality of service to the public. To this end, all
25applicants for original appointment to an affected fire
26department through examination conducted by the Joint Labor and

 

 

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1Management Committee (JLMC) shall be subject to examination and
2testing which shall be public, competitive, and open to all
3applicants. Any subjective component of the testing must be
4administered by certified assessors. All qualifying and
5disqualifying factors applicable to examination processes for
6local commissions in this amendatory Act of the 97th General
7Assembly shall be applicable to persons participating in Joint
8Labor and Management Committee examinations unless
9specifically provided otherwise in this Section.
10    Notice of the time, place, general scope, and fee of every
11JLMC examination shall be given by the JLMC or designated
12testing agency, as applicable, by publication at least 30 days
13preceding the examination, in one or more newspapers published
14in the region, or if no newspaper is published therein, then in
15one or more newspapers with a general circulation within the
16region. The JLMC may publish the notice on the JLMC's Internet
17website. Additional notice of the examination may be given as
18the JLMC shall prescribe.
19    (d) Examination and testing components for placement on
20register of eligibles. The examination and qualifying
21standards for placement on the master register of eligibles and
22employment shall be based on the following components: mental
23aptitude, physical ability, preferences, moral character, and
24health. The mental aptitude, physical ability, and preference
25components shall determine an applicant's qualification for
26and placement on the master register of eligibles. The

 

 

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1consideration of an applicant's general moral character and
2health shall be administered on a pass-fail basis after a
3conditional offer of employment is made by a local commission.
4    (e) Mental aptitude. Examination of an applicant's mental
5aptitude shall be based upon written examination and an
6applicant's prior experience demonstrating an aptitude for and
7commitment to service as a member of a fire department. Written
8examinations shall be practical in character and relate to
9those matters that fairly test the capacity of the persons
10examined to discharge the duties performed by members of a fire
11department. Written examinations shall be administered in a
12manner that ensures the security and accuracy of the scores
13achieved. Any subjective component of the testing must be
14administered by certified assessors. No person who does not
15possess a high school diploma or an equivalent high school
16education shall be placed on a register of eligibles. Local
17commissions may establish educational, emergency medical
18service licensure, and other pre-requisites for hire within
19their jurisdiction.
20    (f) Physical ability. All candidates shall be required to
21undergo an examination of their physical ability to perform the
22essential functions included in the duties they may be called
23upon to perform as a member of a fire department. For the
24purposes of this Section, essential functions of the job are
25functions associated with duties that a firefighter may be
26called upon to perform in response to emergency calls. The

 

 

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1frequency of the occurrence of those duties as part of the fire
2department's regular routine shall not be a controlling factor
3in the design of examination criteria or evolutions selected
4for testing. These physical examinations shall be open,
5competitive, and based on industry standards designed to test
6each applicant's physical abilities in each of the following
7dimensions (or a similar test designed to ensure that the
8successful candidates are able to perform the essential
9functions of a firefighter's job description):
10        (1) Muscular strength to perform tasks and evolutions
11    that may be required in the performance of duties including
12    grip strength, leg strength, and arm strength. Tests shall
13    be conducted under anaerobic as well as aerobic conditions
14    to test both the candidate's speed and endurance in
15    performing tasks and evolutions. Tasks tested are to be
16    based on industry standards developed by the JLMC by rule.
17        (2) The ability to climb ladders, operate from heights,
18    walk or crawl in the dark along narrow and uneven surfaces,
19    and operate in proximity to hazardous environments.
20        (3) The ability to carry out critical, time-sensitive,
21    and complex problem solving during physical exertion in
22    stressful and hazardous environments. The testing
23    environment may be hot and dark with tightly enclosed
24    spaces, flashing lights, sirens, and other distractions.
25    (g) Scoring of examination components. The examination
26components shall be graded on a 100-point scale. A person's

 

 

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1position on the master register of eligibles shall be
2determined by the person's score on the written examination,
3the person successfully passing the physical ability
4component, and the addition of any applicable preference
5points.
6    Applicants who have achieved at least the mean score of all
7applicants participating in the written examination at the same
8time, and who successfully pass the physical ability
9examination shall be placed on the initial eligibility
10register. For placement on the final eligibility register, the
11passing score shall be determined by (i) calculating the mean
12score for all applicants participating in the written test; and
13(ii) adding 20% to the mean score. Applicants whose total
14scores, including any applicable preference points, are above
15the mean score plus 20%, shall be placed on the master register
16of eligibles by the JLMC.
17    These persons shall take rank upon the register as
18candidates in the order of their relative excellence based on
19the highest to the lowest total points scored on the mental
20aptitude and physical ability components, plus any applicable
21preference points requested and verified by the JLMC, or
22approved testing agency.
23    No more than 60 days after each examination, a revised
24master register of eligibles shall be posted by the JLMC
25showing the final grades of the candidates without reference to
26priority of time of examination.

 

 

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1    (h) Preferences. The board shall give military, education,
2and experience preference points to those who qualify for
3placement on the master register of eligibles, on the same
4basis as provided for examinations administered by a local
5commission.
6    No person entitled to preference or credit shall be
7required to claim the credit before any examination held under
8the provisions of this Section. The preference shall be given
9after the posting or publication of the applicant's initial
10score at the request of the person before finalizing the scores
11from all applicants taking part in a JLMC examination.
12Candidates who are eligible for preference credit shall make a
13claim in writing within 10 days after the posting of the
14initial scores from any JLMC test or the claim shall be deemed
15waived. Once preference points are awarded, the candidates
16shall be certified to the master register in accordance with
17their final score including preference points.
18    (i) Firefighter apprentice and firefighter-paramedic
19apprentice. The employment of an applicant to an apprentice
20position (including a currently employed full-time member of a
21fire department whose apprenticeship may be reduced or waived)
22shall be subject to the applicant passing the moral character
23standards and health examinations of the local commission. In
24addition, a local commission may require as a condition of
25employment that the applicant demonstrate current physical
26ability by either passing the local commission's approved

 

 

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1physical ability examination, or by presenting proof of
2participating in and receiving a passing score on the physical
3ability component of a JLMC test within a period of up to 12
4months before the date of the conditional offer of employment.
5Applicants shall be subject to the local commission's initial
6hire background review including criminal history, employment
7history, moral character, oral examination, and medical
8examinations which may include polygraph, psychological, and
9drug screening components, all on a pass-fail basis. The
10medical examinations must be conducted last, and may only be
11performed after a conditional offer of employment has been
12extended.
13    (j) Selection from list. Any municipality or fire
14protection district that is a party to an intergovernmental
15agreement under the terms of which persons have been tested for
16placement on the master register of eligibles shall be entitled
17to offer employment to any person on the list irrespective of
18their ranking on the list. The offer of employment shall be to
19the position of firefighter apprentice or
20firefighter-paramedic apprentice.
21    Applicants passing these tests may be employed as a
22firefighter apprentice or a firefighter-paramedic apprentice
23who shall serve an apprenticeship period of 12 months or less
24according to the terms and conditions of employment as the
25employing municipality or district offers, or as provided for
26under the terms of any collective bargaining agreement then in

 

 

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1effect. The apprenticeship period is separate from the
2probationary period.
3    Service during the apprenticeship period shall be on a
4probationary basis. During the apprenticeship period, the
5apprentice's training and performance shall be monitored and
6evaluated by a Joint Apprenticeship Committee.
7    The Joint Apprenticeship Committee shall consist of 4
8members who shall be regular members of the fire department
9with at least 10 years of full-time work experience as a
10firefighter or firefighter-paramedic. The fire chief and the
11president of the exclusive bargaining representative
12recognized by the employer shall each appoint 2 members to the
13Joint Apprenticeship Committee. In the absence of an exclusive
14collective bargaining representative, the chief shall appoint
15the remaining 2 members who shall be from the ranks of company
16officer and firefighter with at least 10 years of work
17experience as a firefighter or firefighter-paramedic. In the
18absence of a sufficient number of qualified firefighters, the
19Joint Apprenticeship Committee members shall have the amount of
20experience and the type of qualifications as is reasonable
21given the circumstances of the fire department. In the absence
22of a full-time member in a rank between chief and the highest
23rank in a bargaining unit, the Joint Apprenticeship Committee
24shall be reduced to 2 members, one to be appointed by the chief
25and one by the union president, if any. If there is no
26exclusive bargaining representative, the chief shall appoint

 

 

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1the second member of the Joint Apprenticeship Committee from
2among qualified members in the ranks of company officer and
3below. Before the conclusion of the apprenticeship period, the
4Joint Apprenticeship Committee shall meet to consider the
5apprentice's progress and performance and vote to retain the
6apprentice as a member of the fire department or to terminate
7the apprenticeship. If 3 of the 4 members of the Joint
8Apprenticeship Committee affirmatively vote to retain the
9apprentice (if a 2 member Joint Apprenticeship Committee
10exists, then both members must affirmatively vote to retain the
11apprentice), the local commission shall issue the apprentice a
12certificate of original appointment to the fire department.
13    (k) A person who knowingly divulges or receives test
14questions or answers before a written examination, or otherwise
15knowingly violates or subverts any requirement of this Section,
16commits a violation of this Section and may be subject to
17charges for official misconduct.
18    A person who is the knowing recipient of test information
19in advance of the examination shall be disqualified from the
20examination or discharged from the position to which he or she
21was appointed, as applicable, and otherwise subjected to
22disciplinary actions.
23    (l) Applicability. This Section does not apply to a
24municipality with more than 1,000,000 inhabitants.
 
25    (65 ILCS 5/10-2.1-4)  (from Ch. 24, par. 10-2.1-4)

 

 

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1    Sec. 10-2.1-4. Fire and police departments; Appointment of
2members; Certificates of appointments.
3    The board of fire and police commissioners shall appoint
4all officers and members of the fire and police departments of
5the municipality, including the chief of police and the chief
6of the fire department, unless the council or board of trustees
7shall by ordinance as to them otherwise provide; except as
8otherwise provided in this Section, and except that in any
9municipality which adopts or has adopted this Division 2.1 and
10also adopts or has adopted Article 5 of this Code, the chief of
11police and the chief of the fire department shall be appointed
12by the municipal manager, if it is provided by ordinance in
13such municipality that such chiefs, or either of them, shall
14not be appointed by the board of fire and police commissioners.
15    If the chief of the fire department or the chief of the
16police department or both of them are appointed in the manner
17provided by ordinance, they may be removed or discharged by the
18appointing authority. In such case the appointing authority
19shall file with the corporate authorities the reasons for such
20removal or discharge, which removal or discharge shall not
21become effective unless confirmed by a majority vote of the
22corporate authorities.
23    If a member of the department is appointed chief of police
24or chief of the fire department prior to being eligible to
25retire on pension, he shall be considered as on furlough from
26the rank he held immediately prior to his appointment as chief.

 

 

HB1576 Enrolled- 35 -LRB097 07146 RLJ 47248 b

1If he resigns as chief or is discharged as chief prior to
2attaining eligibility to retire on pension, he shall revert to
3and be established in whatever rank he currently holds, except
4for previously appointed positions, and thereafter be entitled
5to all the benefits and emoluments of that rank, without regard
6as to whether a vacancy then exists in that rank.
7    All appointments to each department other than that of the
8lowest rank, however, shall be from the rank next below that to
9which the appointment is made except as otherwise provided in
10this Section, and except that the chief of police and the chief
11of the fire department may be appointed from among members of
12the police and fire departments, respectively, regardless of
13rank, unless the council or board of trustees shall have by
14ordinance as to them otherwise provided. A chief of police or
15the chief of the fire department, having been appointed from
16among members of the police or fire department, respectively,
17shall be permitted, regardless of rank, to take promotional
18exams and be promoted to a higher classified rank than he
19currently holds, without having to resign as chief of police or
20chief of the fire department.
21    The sole authority to issue certificates of appointment
22shall be vested in the Board of Fire and Police Commissioners
23and all certificates of appointments issued to any officer or
24member of the fire or police department of a municipality shall
25be signed by the chairman and secretary respectively of the
26board of fire and police commissioners of such municipality,

 

 

HB1576 Enrolled- 36 -LRB097 07146 RLJ 47248 b

1upon appointment of such officer or member of the fire and
2police department of such municipality by action of the board
3of fire and police commissioners. In any municipal fire
4department that employs full-time firefighters and is subject
5to a collective bargaining agreement, a person who has not
6qualified for regular appointment under the provisions of this
7Division 2.1 shall not be used as a temporary or permanent
8substitute for classified members of a municipality's fire
9department or for regular appointment as a classified member of
10a municipality's fire department unless mutually agreed to by
11the employee's certified bargaining agent. Such agreement
12shall be considered a permissive subject of bargaining.
13Municipal fire departments covered by the changes made by this
14amendatory Act of the 95th General Assembly that are using
15non-certificated employees as substitutes immediately prior to
16the effective date of this amendatory Act of the 95th General
17Assembly may, by mutual agreement with the certified bargaining
18agent, continue the existing practice or a modified practice
19and that agreement shall be considered a permissive subject of
20bargaining. A home rule unit may not regulate the hiring of
21temporary or substitute members of the municipality's fire
22department in a manner that is inconsistent with this Section.
23This Section is a limitation under subsection (i) of Section 6
24of Article VII of the Illinois Constitution on the concurrent
25exercise by home rule units of powers and functions exercised
26by the State.

 

 

HB1576 Enrolled- 37 -LRB097 07146 RLJ 47248 b

1    The term "policemen" as used in this Division does not
2include auxiliary police officers except as provided for in
3Section 10-2.1-6.
4    Any full time member of a regular fire or police department
5of any municipality which comes under the provisions of this
6Division or adopts this Division 2.1 or which has adopted any
7of the prior Acts pertaining to fire and police commissioners,
8is a city officer.
9    Notwithstanding any other provision of this Section, the
10Chief of Police of a department in a non-homerule municipality
11of more than 130,000 inhabitants may, without the advice or
12consent of the Board of Fire and Police Commissioners, appoint
13up to 6 officers who shall be known as deputy chiefs or
14assistant deputy chiefs, and whose rank shall be immediately
15below that of Chief. The deputy or assistant deputy chiefs may
16be appointed from any rank of sworn officers of that
17municipality, but no person who is not such a sworn officer may
18be so appointed. Such deputy chief or assistant deputy chief
19shall have the authority to direct and issue orders to all
20employees of the Department holding the rank of captain or any
21lower rank. A deputy chief of police or assistant deputy chief
22of police, having been appointed from any rank of sworn
23officers of that municipality, shall be permitted, regardless
24of rank, to take promotional exams and be promoted to a higher
25classified rank than he currently holds, without having to
26resign as deputy chief of police or assistant deputy chief of

 

 

HB1576 Enrolled- 38 -LRB097 07146 RLJ 47248 b

1police.
2    Notwithstanding any other provision of this Section, a
3non-homerule municipality of 130,000 or fewer inhabitants,
4through its council or board of trustees, may, by ordinance,
5provide for a position of deputy chief to be appointed by the
6chief of the police department. The ordinance shall provide for
7no more than one deputy chief position if the police department
8has fewer than 25 full-time police officers and for no more
9than 2 deputy chief positions if the police department has 25
10or more full-time police officers. The deputy chief position
11shall be an exempt rank immediately below that of Chief. The
12deputy chief may be appointed from any rank of sworn, full-time
13officers of the municipality's police department, but must have
14at least 5 years of full-time service as a police officer in
15that department. A deputy chief shall serve at the discretion
16of the Chief and, if removed from the position, shall revert to
17the rank currently held, without regard as to whether a vacancy
18exists in that rank. A deputy chief of police, having been
19appointed from any rank of sworn full-time officers of that
20municipality's police department, shall be permitted,
21regardless of rank, to take promotional exams and be promoted
22to a higher classified rank than he currently holds, without
23having to resign as deputy chief of police.
24    No municipality having a population less than 1,000,000
25shall require that any firefighter appointed to the lowest rank
26serve a probationary employment period of longer than one year.

 

 

HB1576 Enrolled- 39 -LRB097 07146 RLJ 47248 b

1The limitation on periods of probationary employment provided
2in this amendatory Act of 1989 is an exclusive power and
3function of the State. Pursuant to subsection (h) of Section 6
4of Article VII of the Illinois Constitution, a home rule
5municipality having a population less than 1,000,000 must
6comply with this limitation on periods of probationary
7employment, which is a denial and limitation of home rule
8powers. Notwithstanding anything to the contrary in this
9Section, the probationary employment period limitation may be
10extended for a firefighter who is required, as a condition of
11employment, to be a certified paramedic, during which time the
12sole reason that a firefighter may be discharged without a
13hearing is for failing to meet the requirements for paramedic
14certification.
15    To the extent that this Section or any other Section in
16this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4,
17then Section 10-2.1-6.3 or 10-2.1-6.4 shall control.
18(Source: P.A. 94-135, eff. 7-7-05; 94-984, eff. 6-30-06;
1995-490, eff. 6-1-08.)
 
20    (65 ILCS 5/10-2.1-6.3 new)
21    Sec. 10-2.1-6.3. Original appointments; full-time fire
22department.
23    (a) Applicability. Unless a commission elects to follow the
24provisions of Section 10-2.1-6.4, this Section shall apply to
25all original appointments to an affected full-time fire

 

 

HB1576 Enrolled- 40 -LRB097 07146 RLJ 47248 b

1department. Existing registers of eligibles shall continue to
2be valid until their expiration dates, or up to a maximum of 2
3years after the effective date of this amendatory Act of the
497th General Assembly.
5    Notwithstanding any statute, ordinance, rule, or other law
6to the contrary, all original appointments to an affected
7department to which this Section applies shall be administered
8in the manner provided for in this Section. Provisions of the
9Illinois Municipal Code, municipal ordinances, and rules
10adopted pursuant to such authority and other laws relating to
11initial hiring of firefighters in affected departments shall
12continue to apply to the extent they are compatible with this
13Section, but in the event of a conflict between this Section
14and any other law, this Section shall control.
15    A home rule or non-home rule municipality may not
16administer its fire department process for original
17appointments in a manner that is less stringent than this
18Section. This Section is a limitation under subsection (i) of
19Section 6 of Article VII of the Illinois Constitution on the
20concurrent exercise by home rule units of the powers and
21functions exercised by the State.
22    A municipality that is operating under a court order or
23consent decree regarding original appointments to a full-time
24fire department before the effective date of this amendatory
25Act of the 97th General Assembly is exempt from the
26requirements of this Section for the duration of the court

 

 

HB1576 Enrolled- 41 -LRB097 07146 RLJ 47248 b

1order or consent decree.
2    Notwithstanding any other provision of this subsection
3(a), this Section does not apply to a municipality with more
4than 1,000,000 inhabitants.
5    (b) Original appointments. All original appointments made
6to an affected fire department shall be made from a register of
7eligibles established in accordance with the processes
8established by this Section. Only persons who meet or exceed
9the performance standards required by this Section shall be
10placed on a register of eligibles for original appointment to
11an affected fire department.
12    Whenever an appointing authority authorizes action to hire
13a person to perform the duties of a firefighter or to hire a
14firefighter-paramedic to fill a position that is a new position
15or vacancy due to resignation, discharge, promotion, death, the
16granting of a disability or retirement pension, or any other
17cause, the appointing authority shall appoint to that position
18the person with the highest ranking on the final eligibility
19list. If the appointing authority has reason to conclude that
20the highest ranked person fails to meet the minimum standards
21for the position or if the appointing authority believes an
22alternate candidate would better serve the needs of the
23department, then the appointing authority has the right to pass
24over the highest ranked person and appoint either: (i) any
25person who has a ranking in the top 5% of the register of
26eligibles or (ii) any person who is among the top 5 highest

 

 

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1ranked persons on the list of eligibles if the number of people
2who have a ranking in the top 5% of the register of eligibles
3is less than 5 people.
4    Any candidate may pass on an appointment once without
5losing his or her position on the register of eligibles. Any
6candidate who passes a second time may be removed from the list
7by the appointing authority provided that such action shall not
8prejudice a person's opportunities to participate in future
9examinations, including an examination held during the time a
10candidate is already on the municipality's register of
11eligibles.
12    The sole authority to issue certificates of appointment
13shall be vested in the board of fire and police commissioners.
14All certificates of appointment issued to any officer or member
15of an affected department shall be signed by the chairperson
16and secretary, respectively, of the board upon appointment of
17such officer or member to the affected department by action of
18the board. Each person who accepts a certificate of appointment
19and successfully completes his or her probationary period shall
20be enrolled as a firefighter and as a regular member of the
21fire department.
22    For the purposes of this Section, "firefighter" means any
23person who has been prior to, on, or after the effective date
24of this amendatory Act of the 97th General Assembly appointed
25to a fire department or fire protection district or employed by
26a State university and sworn or commissioned to perform

 

 

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1firefighter duties or paramedic duties, or both, except that
2the following persons are not included: part-time
3firefighters; auxiliary, reserve, or voluntary firefighters,
4including paid-on-call firefighters; clerks and dispatchers or
5other civilian employees of a fire department or fire
6protection district who are not routinely expected to perform
7firefighter duties; and elected officials.
8    (c) Qualification for placement on register of eligibles.
9The purpose of establishing a register of eligibles is to
10identify applicants who possess and demonstrate the mental
11aptitude and physical ability to perform the duties required of
12members of the fire department in order to provide the highest
13quality of service to the public. To this end, all applicants
14for original appointment to an affected fire department shall
15be subject to examination and testing which shall be public,
16competitive, and open to all applicants unless the municipality
17shall by ordinance limit applicants to residents of the
18municipality, county or counties in which the municipality is
19located, State, or nation. Municipalities may establish
20educational, emergency medical service licensure, and other
21pre-requisites for participation in an examination or for hire
22as a firefighter. Any municipality may charge a fee to cover
23the costs of the application process.
24    Residency requirements in effect at the time an individual
25enters the fire service of a municipality cannot be made more
26restrictive for that individual during his or her period of

 

 

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1service for that municipality, or be made a condition of
2promotion, except for the rank or position of fire chief and
3for no more than 2 positions that rank immediately below that
4of the chief rank which are appointed positions pursuant to the
5Fire Department Promotion Act.
6    No person who is 35 years of age or older shall be eligible
7to take an examination for a position as a firefighter unless
8the person has had previous employment status as a firefighter
9in the regularly constituted fire department of the
10municipality, except as provided in this Section. The age
11limitation 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, or
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.
25    No person who is under 21 years of age shall be eligible
26for employment as a firefighter.

 

 

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1    No applicant shall be examined concerning his or her
2political or religious opinions or affiliations. The
3examinations shall be conducted by the commissioners of the
4municipality or their designees and agents.
5    No municipality shall require that any firefighter
6appointed to the lowest rank serve a probationary employment
7period of longer than one year of actual active employment,
8which may exclude periods of training, or injury or illness
9leaves, including duty related leave, in excess of 30 calendar
10days. Notwithstanding anything to the contrary in this Section,
11the probationary employment period limitation may be extended
12for a firefighter who is required, as a condition of
13employment, to be a certified paramedic, during which time the
14sole reason that a firefighter may be discharged without a
15hearing is for failing to meet the requirements for paramedic
16certification.
17    In the event that any applicant who has been found eligible
18for appointment and whose name has been placed upon the final
19eligibility register provided for in this Section has not been
20appointed to a firefighter position within one year after the
21date of his or her physical ability examination, the commission
22may cause a second examination to be made of that applicant's
23physical ability prior to his or her appointment. If, after the
24second examination, the physical ability of the applicant shall
25be found to be less than the minimum standard fixed by the
26rules of the commission, the applicant shall not be appointed.

 

 

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1The applicant's name may be retained upon the register of
2candidates eligible for appointment and when next reached for
3certification and appointment that applicant may be again
4examined as provided in this Section, and if the physical
5ability of that applicant is found to be less than the minimum
6standard fixed by the rules of the commission, the applicant
7shall not be appointed, and the name of the applicant shall be
8removed from the register.
9    (d) Notice, examination, and testing components. Notice of
10the time, place, general scope, merit criteria for any
11subjective component, and fee of every examination shall be
12given by the commission, by a publication at least 2 weeks
13preceding the examination: (i) in one or more newspapers
14published in the municipality, or if no newspaper is published
15therein, then in one or more newspapers with a general
16circulation within the municipality, or (ii) on the
17municipality's Internet website. Additional notice of the
18examination may be given as the commission shall prescribe.
19    The examination and qualifying standards for employment of
20firefighters shall be based on: mental aptitude, physical
21ability, preferences, moral character, and health. The mental
22aptitude, physical ability, and preference components shall
23determine an applicant's qualification for and placement on the
24final register of eligibles. The examination may also include a
25subjective component based on merit criteria as determined by
26the commission. Scores from the examination must be made

 

 

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1available to the public.
2    (e) Mental aptitude. No person who does not possess at
3least a high school diploma or an equivalent high school
4education shall be placed on a register of eligibles.
5Examination of an applicant's mental aptitude shall be based
6upon a written examination. The examination shall be practical
7in character and relate to those matters that fairly test the
8capacity of the persons examined to discharge the duties
9performed by members of a fire department. Written examinations
10shall be administered in a manner that ensures the security and
11accuracy of the scores achieved.
12    (f) Physical ability. All candidates shall be required to
13undergo an examination of their physical ability to perform the
14essential functions included in the duties they may be called
15upon to perform as a member of a fire department. For the
16purposes of this Section, essential functions of the job are
17functions associated with duties that a firefighter may be
18called upon to perform in response to emergency calls. The
19frequency of the occurrence of those duties as part of the fire
20department's regular routine shall not be a controlling factor
21in the design of examination criteria or evolutions selected
22for testing. These physical examinations shall be open,
23competitive, and based on industry standards designed to test
24each applicant's physical abilities in the following
25dimensions (or a similar test designed to ensure that the
26successful candidates are able to perform the essential

 

 

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1functions of the firefighter's job description):
2        (1) Muscular strength to perform tasks and evolutions
3    that may be required in the performance of duties including
4    grip strength, leg strength, and arm strength. Tests shall
5    be conducted under anaerobic as well as aerobic conditions
6    to test both the candidate's speed and endurance in
7    performing tasks and evolutions. Tasks tested may be based
8    on standards developed, or approved, by the local
9    appointing authority.
10        (2) The ability to climb ladders, operate from heights,
11    walk or crawl in the dark along narrow and uneven surfaces,
12    and operate in proximity to hazardous environments.
13        (3) The ability to carry out critical, time-sensitive,
14    and complex problem solving during physical exertion in
15    stressful and hazardous environments. The testing
16    environment may be hot and dark with tightly enclosed
17    spaces, flashing lights, sirens, and other distractions.
18    Physical ability examinations administered under this
19Section shall be conducted with a reasonable number of proctors
20and monitors, open to the public, and subject to reasonable
21regulations of the commission.
22    (g) Scoring of examination components. Appointing
23authorities may create a preliminary eligibility register. A
24person shall be placed on the list based upon his or her
25passage of the written examination or the passage of the
26written examination and the physical ability component.

 

 

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1Passage of the written examination means a score that is at or
2above the mean score for all applicants participating in the
3written test. The appointing authority may conduct the physical
4ability component and any subjective components subsequent to
5the posting of the preliminary eligibility register.
6    The examination components for an initial eligibility
7register shall be graded on a 100-point scale. A person's
8position on the list shall be determined by the following: (i)
9the person's score on the written examination, (ii) the person
10successfully passing the physical ability component, and (iii)
11the person's results on any subjective component as described
12in subsection (d).
13    In order to qualify for placement on the final eligibility
14register, an applicant's total score, before any applicable
15preference points are applied, shall be at or above the mean
16score plus 10%. The local appointing authority may prescribe
17the score to qualify for placement on the final eligibility
18register, but the score shall not be less than the mean score
19plus 10%.
20    The commission shall prepare and keep a register of persons
21whose total score is not less than the minimum fixed by this
22Section and who have passed the physical ability examination.
23These persons shall take rank upon the register as candidates
24in the order of their relative excellence based on the highest
25to the lowest total points scored on the mental aptitude,
26subjective component, and preference components of the test

 

 

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1administered in accordance with this Section. No more than 60
2days after each examination, an initial eligibility list shall
3be posted by the commission. The list shall include the final
4grades of the candidates without reference to priority of the
5time of examination and subject to claim for preference credit.
6    Commissions may conduct additional examinations, including
7without limitation a polygraph test, after a final eligibility
8register is established and before it expires with the
9candidates ranked by total score without regard to date of
10examination. No more than 60 days after each examination, an
11initial eligibility list shall be posted by the commission
12showing the final grades of the candidates without reference to
13priority of time of examination and subject to claim for
14preference credit.
15    (h) Preferences. The following are preferences:
16        (1) Veteran preference. Persons who were engaged in the
17    military service of the United States for a period of at
18    least one year of active duty and who were honorably
19    discharged therefrom, or who are now or have been members
20    on inactive or reserve duty in such military or naval
21    service, shall be preferred for appointment to and
22    employment with the fire department of an affected
23    department.
24        (2) Fire cadet preference. Persons who have
25    successfully completed 2 years of study in fire techniques
26    or cadet training within a cadet program established under

 

 

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1    the rules of the Joint Labor and Management Committee
2    (JLMC), as defined in Section 50 of the Fire Department
3    Promotion Act, may be preferred for appointment to and
4    employment with the fire department.
5        (3) Educational preference. Persons who have
6    successfully obtained an associate's degree in the field of
7    fire service or emergency medical services, or a bachelor's
8    degree from an accredited college or university may be
9    preferred for appointment to and employment with the fire
10    department.
11        (4) Paramedic preference. Persons who have obtained
12    certification as an Emergency Medical Technician-Paramedic
13    (EMT-P) shall be preferred for appointment to and
14    employment with the fire department of an affected
15    department providing emergency medical services.
16        (5) Experience preference. All persons employed by a
17    municipality who have been paid-on-call or part-time
18    certified Firefighter II, State of Illinois or nationally
19    licensed EMT-B or EMT-I, or any combination of those
20    capacities shall be awarded 0.5 point for each year of
21    successful service in one or more of those capacities, up
22    to a maximum of 5 points. Certified Firefighter III and
23    State of Illinois or nationally licensed paramedics shall
24    be awarded one point per year up to a maximum of 5 points.
25    Applicants from outside the municipality who were employed
26    as full-time firefighters or firefighter-paramedics by a

 

 

HB1576 Enrolled- 52 -LRB097 07146 RLJ 47248 b

1    fire protection district or another municipality for at
2    least 2 years shall be awarded 5 experience preference
3    points. These additional points presuppose a rating scale
4    totaling 100 points available for the eligibility list. If
5    more or fewer points are used in the rating scale for the
6    eligibility list, the points awarded under this subsection
7    shall be increased or decreased by a factor equal to the
8    total possible points available for the examination
9    divided by 100.
10        (6) Residency preference. Applicants whose principal
11    residence is located within the fire department's
12    jurisdiction shall be preferred for appointment to and
13    employment with the fire department.
14        Upon request by the commission, the governing body of
15    the municipality or in the case of applicants from outside
16    the municipality the governing body of any fire protection
17    district or any other municipality shall certify to the
18    commission, within 10 days after the request, the number of
19    years of successful paid-on-call, part-time, or full-time
20    service of any person. A candidate may not receive the full
21    amount of preference points under this subsection if the
22    amount of points awarded would place the candidate before a
23    veteran on the eligibility list. If more than one candidate
24    receiving experience preference points is prevented from
25    receiving all of their points due to not being allowed to
26    pass a veteran, the candidates shall be placed on the list

 

 

HB1576 Enrolled- 53 -LRB097 07146 RLJ 47248 b

1    below the veteran in rank order based on the totals
2    received if all points under this subsection were to be
3    awarded. Any remaining ties on the list shall be determined
4    by lot.
5        (7) Additional preferences. Up to 5 additional
6    preference points may be awarded for unique categories
7    based on an applicant's experience or background as
8    identified by the commission.
9        (8) Scoring of preferences. The commission shall give
10    preference for original appointment to persons designated
11    in item (1) by adding to the final grade that they receive
12    5 points for the recognized preference achieved. The
13    commission shall determine the number of preference points
14    for each category except (1). The number of preference
15    points for each category shall range from 0 to 5. In
16    determining the number of preference points, the
17    commission shall prescribe that if a candidate earns the
18    maximum number of preference points in all categories, that
19    number may not be less than 10 nor more than 30. The
20    commission shall give preference for original appointment
21    to persons designated in items (2) through (7) by adding
22    the requisite number of points to the final grade for each
23    recognized preference achieved. The numerical result thus
24    attained shall be applied by the commission in determining
25    the final eligibility list and appointment from the
26    eligibility list. The local appointing authority may

 

 

HB1576 Enrolled- 54 -LRB097 07146 RLJ 47248 b

1    prescribe the total number of preference points awarded
2    under this Section, but the total number of preference
3    points shall not be less than 10 points or more than 30
4    points.
5    No person entitled to any preference shall be required to
6claim the credit before any examination held under the
7provisions of this Section, but the preference shall be given
8after the posting or publication of the initial eligibility
9list or register at the request of a person entitled to a
10credit before any certification or appointments are made from
11the eligibility register, upon the furnishing of verifiable
12evidence and proof of qualifying preference credit. Candidates
13who are eligible for preference credit shall make a claim in
14writing within 10 days after the posting of the initial
15eligibility list, or the claim shall be deemed waived. Final
16eligibility registers shall be established after the awarding
17of verified preference points. All employment shall be subject
18to the commission's initial hire background review including,
19but not limited to, criminal history, employment history, moral
20character, oral examination, and medical and psychological
21examinations, all on a pass-fail basis. The medical and
22psychological examinations must be conducted last, and may only
23be performed after a conditional offer of employment has been
24extended.
25    Any person placed on an eligibility list who exceeds the
26age requirement before being appointed to a fire department

 

 

HB1576 Enrolled- 55 -LRB097 07146 RLJ 47248 b

1shall remain eligible for appointment until the list is
2abolished, or his or her name has been on the list for a period
3of 2 years. No person who has attained the age of 35 years
4shall be inducted into a fire department, except as otherwise
5provided in this Section.
6    The commission shall strike off the names of candidates for
7original appointment after the names have been on the list for
8more than 2 years.
9    (i) Moral character. No person shall be appointed to a fire
10department unless he or she is a person of good character; not
11a habitual drunkard, a gambler, or a person who has been
12convicted of a felony or a crime involving moral turpitude.
13However, no person shall be disqualified from appointment to
14the fire department because of the person's record of
15misdemeanor convictions except those under Sections 11-6,
1611-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
1712-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
1831-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
191, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or
20arrest for any cause without conviction thereon. Any such
21person who is in the department may be removed on charges
22brought for violating this subsection and after a trial as
23hereinafter provided.
24    A classifiable set of the fingerprints of every person who
25is offered employment as a certificated member of an affected
26fire department whether with or without compensation, shall be

 

 

HB1576 Enrolled- 56 -LRB097 07146 RLJ 47248 b

1furnished to the Illinois Department of State Police and to the
2Federal Bureau of Investigation by the commission.
3    Whenever a commission is authorized or required by law to
4consider some aspect of criminal history record information for
5the purpose of carrying out its statutory powers and
6responsibilities, then, upon request and payment of fees in
7conformance with the requirements of Section 2605-400 of the
8State Police Law of the Civil Administrative Code of Illinois,
9the Department of State Police is authorized to furnish,
10pursuant to positive identification, the information contained
11in State files as is necessary to fulfill the request.
12    (j) Temporary appointments. In order to prevent a stoppage
13of public business, to meet extraordinary exigencies, or to
14prevent material impairment of the fire department, the
15commission may make temporary appointments, to remain in force
16only until regular appointments are made under the provisions
17of this Division, but never to exceed 60 days. No temporary
18appointment of any one person shall be made more than twice in
19any calendar year.
20    (k) A person who knowingly divulges or receives test
21questions or answers before a written examination, or otherwise
22knowingly violates or subverts any requirement of this Section,
23commits a violation of this Section and may be subject to
24charges for official misconduct.
25    A person who is the knowing recipient of test information
26in advance of the examination shall be disqualified from the

 

 

HB1576 Enrolled- 57 -LRB097 07146 RLJ 47248 b

1examination or discharged from the position to which he or she
2was appointed, as applicable, and otherwise subjected to
3disciplinary actions.
 
4    (65 ILCS 5/10-2.1-6.4 new)
5    Sec. 10-2.1-6.4. Alternative procedure; original
6appointment; full-time firefighter.
7    (a) Authority. The Joint Labor and Management Committee
8(JLMC), as defined in Section 50 of the Fire Department
9Promotion Act, may establish a community outreach program to
10market the profession of firefighter and firefighter-paramedic
11so as to ensure the pool of applicants recruited is of broad
12diversity and the highest quality.
13    For the purposes of this Section, "firefighter" means any
14person who has been prior to, on, or after the effective date
15of this amendatory Act of the 97th General Assembly appointed
16to a fire department or fire protection district or employed by
17a State university and sworn or commissioned to perform
18firefighter duties or paramedic duties, or both, except that
19the following persons are not included: part-time
20firefighters; auxiliary, reserve, or voluntary firefighters,
21including paid-on-call firefighters; clerks and dispatchers or
22other civilian employees of a fire department or fire
23protection district who are not routinely expected to perform
24firefighter duties; and elected officials.
25    (b) Eligibility. Persons eligible for placement on the

 

 

HB1576 Enrolled- 58 -LRB097 07146 RLJ 47248 b

1master register of eligibles shall consist of the following:
2        Persons who have participated in and received a passing
3    total score on the mental aptitude, physical ability, and
4    preference components of a regionally administered test
5    based on the standards described in this Section. The
6    standards for administering these tests and the minimum
7    passing score required for placement on this list shall be
8    as is set forth in this Section.
9        Qualified candidates shall be listed on the master
10    register of eligibles in highest to lowest rank order based
11    upon their test scores without regard to their date of
12    examination. Candidates listed on the master register of
13    eligibles shall be eligible for appointment for 2 years
14    after the date of the certification of their final score on
15    the register without regard to the date of their
16    examination. After 2 years, the candidate's name shall be
17    struck from the list.
18        Any person currently employed as a full-time member of
19    a fire department or any person who has experienced a
20    non–voluntary (and non-disciplinary) separation from the
21    active workforce due to a reduction in the number of
22    departmental officers, who was appointed pursuant to
23    Division 1 of Article 10 of the Illinois Municipal Code,
24    Division 2.1 of Article 10 of the Illinois Municipal Code,
25    or the Fire Protection District Act, and who during the
26    previous 24 months participated in and received a passing

 

 

HB1576 Enrolled- 59 -LRB097 07146 RLJ 47248 b

1    score on the physical ability and mental aptitude
2    components of the test may request that his or her name be
3    added to the master register. Any eligible person may be
4    offered employment by a local commission under the same
5    procedures as provided by this Section except that the
6    apprenticeship period may be waived and the applicant may
7    be immediately issued a certificate of original
8    appointment by the local commission.
9    (c) Qualifications for placement on register of eligibles.
10The purpose for establishing a master register of eligibles
11shall be to identify applicants who possess and demonstrate the
12mental aptitude and physical ability to perform the duties
13required of members of the fire department in order to provide
14the highest quality of service to the public. To this end, all
15applicants for original appointment to an affected fire
16department through examination conducted by the Joint Labor and
17Management Committee (JLMC) shall be subject to examination and
18testing which shall be public, competitive, and open to all
19applicants. Any subjective component of the testing must be
20administered by certified assessors. All qualifying and
21disqualifying factors applicable to examination processes for
22local commissions in this amendatory Act of the 97th General
23Assembly shall be applicable to persons participating in Joint
24Labor and Management Committee examinations unless
25specifically provided otherwise in this Section.
26    Notice of the time, place, general scope, and fee of every

 

 

HB1576 Enrolled- 60 -LRB097 07146 RLJ 47248 b

1JLMC examination shall be given by the JLMC or designated
2testing agency, as applicable, by a publication at least 30
3days preceding the examination, in one or more newspapers
4published in the region, or if no newspaper is published
5therein, then in one or more newspapers with a general
6circulation within the region. The JLMC may publish the notice
7on the JLMC's Internet website. Additional notice of the
8examination may be given as the JLMC shall prescribe.
9    (d) Examination and testing components for placement on
10register of eligibles. The examination and qualifying
11standards for placement on the master register of eligibles and
12employment shall be based on the following components: mental
13aptitude, physical ability, preferences, moral character, and
14health. The mental aptitude, physical ability, and preference
15components shall determine an applicant's qualification for
16and placement on the master register of eligibles. The
17consideration of an applicant's general moral character and
18health shall be administered on a pass-fail basis after a
19conditional offer of employment is made by a local commission.
20    (e) Mental aptitude. Examination of an applicant's mental
21aptitude shall be based upon written examination and an
22applicant's prior experience demonstrating an aptitude for and
23commitment to service as a member of a fire department. Written
24examinations shall be practical in character and relate to
25those matters that fairly test the capacity of the persons
26examined to discharge the duties performed by members of a fire

 

 

HB1576 Enrolled- 61 -LRB097 07146 RLJ 47248 b

1department. Written examinations shall be administered in a
2manner that ensures the security and accuracy of the scores
3achieved. Any subjective component of the testing must be
4administered by certified assessors. No person who does not
5possess a high school diploma or an equivalent high school
6education shall be placed on a register of eligibles. Local
7commissions may establish educational, emergency medical
8service licensure, and other pre-requisites for hire within
9their jurisdiction.
10    (f) Physical ability. All candidates shall be required to
11undergo an examination of their physical ability to perform the
12essential functions included in the duties they may be called
13upon to perform as a member of a fire department. For the
14purposes of this Section, essential functions of the job are
15functions associated with duties that a firefighter may be
16called upon to perform in response to emergency calls. The
17frequency of the occurrence of those duties as part of the fire
18department's regular routine shall not be a controlling factor
19in the design of examination criteria or evolutions selected
20for testing. These physical examinations shall be open,
21competitive, and based on industry standards designed to test
22each applicant's physical abilities in each of the following
23dimensions (or a similar test designed to ensure that the
24successful candidates are able to perform the essential
25functions of a firefighter's job description):
26        (1) Muscular strength to perform tasks and evolutions

 

 

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1    that may be required in the performance of duties including
2    grip strength, leg strength, and arm strength. Tests shall
3    be conducted under anaerobic as well as aerobic conditions
4    to test both the candidate's speed and endurance in
5    performing tasks and evolutions. Tasks tested are to be
6    based on industry standards developed by the JLMC by rule.
7        (2) The ability to climb ladders, operate from heights,
8    walk or crawl in the dark along narrow and uneven surfaces,
9    and operate in proximity to hazardous environments.
10        (3) The ability to carry out critical, time-sensitive,
11    and complex problem solving during physical exertion in
12    stressful and hazardous environments. The testing
13    environment may be hot and dark with tightly enclosed
14    spaces, flashing lights, sirens, and other distractions.
15    (g) Scoring of examination components. The examination
16components shall be graded on a 100-point scale. A person's
17position on the master register of eligibles shall be
18determined by the person's score on the written examination,
19the person successfully passing the physical ability
20component, and the addition of any applicable preference
21points.
22    Applicants who have achieved at least the mean score of all
23applicants participating in the written examination at the same
24time, and who successfully pass the physical ability
25examination shall be placed on the initial eligibility
26register. For placement on the final eligibility register, the

 

 

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1passing score shall be determined by (i) calculating the mean
2score for all applicants participating in the written test; and
3(ii) adding 20% to the mean score. Applicants whose total
4scores, including any applicable preference points, are above
5the mean score plus 20%, shall be placed on the master register
6of eligibles by the JLMC.
7    These persons shall take rank upon the register as
8candidates in the order of their relative excellence based on
9the highest to the lowest total points scored on the mental
10aptitude and physical ability components, plus any applicable
11preference points requested and verified by the JLMC, or
12approved testing agency.
13    No more than 60 days after each examination, a revised
14master register of eligibles shall be posted by the JLMC
15showing the final grades of the candidates without reference to
16priority of time of examination.
17    (h) Preferences. The board shall give military, education,
18and experience preference points to those who qualify for
19placement on the master register of eligibles, on the same
20basis as provided for examinations administered by a local
21commission.
22    No person entitled to preference or credit shall be
23required to claim the credit before any examination held under
24the provisions of this Section. The preference shall be given
25after the posting or publication of the applicant's initial
26score at the request of the person before finalizing the scores

 

 

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1from all applicants taking part in a JLMC examination.
2Candidates who are eligible for preference credit shall make a
3claim in writing within 10 days after the posting of the
4initial scores from any JLMC test or the claim shall be deemed
5waived. Once preference points are awarded, the candidates
6shall be certified to the master register in accordance with
7their final score including preference points.
8    (i) Firefighter apprentice and firefighter-paramedic
9apprentice. The employment of an applicant to an apprentice
10position (including a currently employed full-time member of a
11fire department whose apprenticeship may be reduced or waived)
12shall be subject to the applicant passing the moral character
13standards and health examinations of the local commission. In
14addition, a local commission may require as a condition of
15employment that the applicant demonstrate current physical
16ability by either passing the local commission's approved
17physical ability examination, or by presenting proof of
18participating in and receiving a passing score on the physical
19ability component of a JLMC test within a period of up to 12
20months before the date of the conditional offer of employment.
21Applicants shall be subject to the local commission's initial
22hire background review including criminal history, employment
23history, moral character, oral examination, and medical
24examinations which may include polygraph, psychological, and
25drug screening components, all on a pass-fail basis. The
26medical examinations must be conducted last, and may only be

 

 

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1performed after a conditional offer of employment has been
2extended.
3    (j) Selection from list. Any municipality or fire
4protection district that is a party to an intergovernmental
5agreement under the terms of which persons have been tested for
6placement on the master register of eligibles shall be entitled
7to offer employment to any person on the list irrespective of
8their ranking on the list. The offer of employment shall be to
9the position of firefighter apprentice or
10firefighter-paramedic apprentice.
11    Applicants passing these tests may be employed as a
12firefighter apprentice or a firefighter-paramedic apprentice
13who shall serve an apprenticeship period of 12 months or less
14according to the terms and conditions of employment as the
15employing municipality or district offers, or as provided for
16under the terms of any collective bargaining agreement then in
17effect. The apprenticeship period is separate from the
18probationary period.
19    Service during the apprenticeship period shall be on a
20probationary basis. During the apprenticeship period, the
21apprentice's training and performance shall be monitored and
22evaluated by a Joint Apprenticeship Committee.
23    The Joint Apprenticeship Committee shall consist of 4
24members who shall be regular members of the fire department
25with at least 10 years of full-time work experience as a
26firefighter or firefighter-paramedic. The fire chief and the

 

 

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1president of the exclusive bargaining representative
2recognized by the employer shall each appoint 2 members to the
3Joint Apprenticeship Committee. In the absence of an exclusive
4collective bargaining representative, the chief shall appoint
5the remaining 2 members who shall be from the ranks of company
6officer and firefighter with at least 10 years of work
7experience as a firefighter or firefighter-paramedic. In the
8absence of a sufficient number of qualified firefighters, the
9Joint Apprenticeship Committee members shall have the amount of
10experience and the type of qualifications as is reasonable
11given the circumstances of the fire department. In the absence
12of a full-time member in a rank between chief and the highest
13rank in a bargaining unit, the Joint Apprenticeship Committee
14shall be reduced to 2 members, one to be appointed by the chief
15and one by the union president, if any. If there is no
16exclusive bargaining representative, the chief shall appoint
17the second member of the Joint Apprenticeship Committee from
18among qualified members in the ranks of company officer and
19below. Before the conclusion of the apprenticeship period, the
20Joint Apprenticeship Committee shall meet to consider the
21apprentice's progress and performance and vote to retain the
22apprentice as a member of the fire department or to terminate
23the apprenticeship. If 3 of the 4 members of the Joint
24Apprenticeship Committee affirmatively vote to retain the
25apprentice (if a 2 member Joint Apprenticeship Committee
26exists, then both members must affirmatively vote to retain the

 

 

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1apprentice), the local commission shall issue the apprentice a
2certificate of original appointment to the fire department.
3    (k) A person who knowingly divulges or receives test
4questions or answers before a written examination, or otherwise
5knowingly violates or subverts any requirement of this Section,
6commits a violation of this Section and may be subject to
7charges for official misconduct.
8    A person who is the knowing recipient of test information
9in advance of the examination shall be disqualified from the
10examination or discharged from the position to which he or she
11was appointed, as applicable, and otherwise subjected to
12disciplinary actions.
13    (l) Applicability. This Section does not apply to a
14municipality with more than 1,000,000 inhabitants.
 
15    Section 10. The Fire Protection District Act is amended by
16changing Section 16.04a and by adding Sections 16.06b and
1716.06c as follows:
 
18    (70 ILCS 705/16.04a)  (from Ch. 127 1/2, par. 37.04a)
19    Sec. 16.04a. The board of fire commissioners shall appoint
20all officers and members of the fire departments of the
21district, except the Chief of the fire department. The board of
22trustees shall appoint the Chief of the fire department, who
23shall serve at the pleasure of the board, and may enter into a
24multi-year contract not exceeding 3 years with the Chief.

 

 

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1    If a member of the department is appointed Chief of the
2fire department prior to being eligible to retire on pension he
3shall be considered as on furlough from the rank he held
4immediately prior to his appointment as Chief. If he resigns as
5Chief or is discharged as Chief prior to attaining eligibility
6to retire on pension, he shall revert to and be established in
7such prior rank, and thereafter be entitled to all the benefits
8and emoluments of such prior rank, without regard as to whether
9a vacancy then exists in such rank. In such instances, the
10Chief shall be deemed to have continued to accrue seniority in
11the department during his period of service as Chief, or time
12in grade in his former rank to which he shall revert during his
13period of service as Chief, except solely for purposes of any
14layoff as provided in Section 16.13b hereafter.
15    All appointments to each department other than that of the
16lowest rank, however, shall be from the rank next below that to
17which the appointment is made, except that the Chief of the
18fire department may be appointed from among members of the fire
19department, regardless of rank.
20    The sole authority to issue certificates of appointment
21shall be vested in the board of fire commissioners and all
22certificates of appointments issued to any officer or member of
23the fire department shall be signed by the chairman and
24secretary respectively of the board of fire commissioners upon
25appointment of such officer or member of the fire department by
26action of the board of fire commissioners.

 

 

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1    To the extent that this Section or any other Section in
2this Act conflicts with Section 16.06b or 16.06c, then Section
316.06b or 16.06c shall control.
4(Source: P.A. 91-948, eff. 1-1-02.)
 
5    (70 ILCS 705/16.06b new)
6    Sec. 16.06b. Original appointments; full-time fire
7department.
8    (a) Applicability. Unless a commission elects to follow the
9provisions of Section 16.06c, this Section shall apply to all
10original appointments to an affected full-time fire
11department. Existing registers of eligibles shall continue to
12be valid until their expiration dates, or up to a maximum of 2
13years after the effective date of this amendatory Act of the
1497th General Assembly.
15    Notwithstanding any statute, ordinance, rule, or other law
16to the contrary, all original appointments to an affected
17department to which this Section applies shall be administered
18in a no less stringent manner than the manner provided for in
19this Section. Provisions of the Illinois Municipal Code, Fire
20Protection District Act, fire district ordinances, and rules
21adopted pursuant to such authority and other laws relating to
22initial hiring of firefighters in affected departments shall
23continue to apply to the extent they are compatible with this
24Section, but in the event of a conflict between this Section
25and any other law, this Section shall control.

 

 

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1    A fire protection district that is operating under a court
2order or consent decree regarding original appointments to a
3full-time fire department before the effective date of this
4amendatory Act of the 97th General Assembly is exempt from the
5requirements of this Section for the duration of the court
6order or consent decree.
7    (b) Original appointments. All original appointments made
8to an affected fire department shall be made from a register of
9eligibles established in accordance with the processes
10required by this Section. Only persons who meet or exceed the
11performance standards required by the Section shall be placed
12on a register of eligibles for original appointment to an
13affected fire department.
14    Whenever an appointing authority authorizes action to hire
15a person to perform the duties of a firefighter or to hire a
16firefighter-paramedic to fill a position that is a new position
17or vacancy due to resignation, discharge, promotion, death, the
18granting of a disability or retirement pension, or any other
19cause, the appointing authority shall appoint to that position
20the person with the highest ranking on the final eligibility
21list. If the appointing authority has reason to conclude that
22the highest ranked person fails to meet the minimum standards
23for the position or if the appointing authority believes an
24alternate candidate would better serve the needs of the
25department, then the appointing authority has the right to pass
26over the highest ranked person and appoint either: (i) any

 

 

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1person who has a ranking in the top 5% of the register of
2eligibles or (ii) any person who is among the top 5 highest
3ranked persons on the list of eligibles if the number of people
4who have a ranking in the top 5% of the register of eligibles
5is less than 5 people.
6    Any candidate may pass on an appointment once without
7losing his or her position on the register of eligibles. Any
8candidate who passes a second time may be removed from the list
9by the appointing authority provided that such action shall not
10prejudice a person's opportunities to participate in future
11examinations, including an examination held during the time a
12candidate is already on the fire district's register of
13eligibles.
14    The sole authority to issue certificates of appointment
15shall be vested in the board of fire commissioners, or board of
16trustees serving in the capacity of a board of fire
17commissioners. All certificates of appointment issued to any
18officer or member of an affected department shall be signed by
19the chairperson and secretary, respectively, of the commission
20upon appointment of such officer or member to the affected
21department by action of the commission. Each person who accepts
22a certificate of appointment and successfully completes his or
23her probationary period shall be enrolled as a firefighter and
24as a regular member of the fire department.
25    For the purposes of this Section, "firefighter" means any
26person who has been prior to, on, or after the effective date

 

 

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1of this amendatory Act of the 97th General Assembly appointed
2to a fire department or fire protection district or employed by
3a State university and sworn or commissioned to perform
4firefighter duties or paramedic duties, or both, except that
5the following persons are not included: part-time
6firefighters; auxiliary, reserve, or voluntary firefighters,
7including paid-on-call firefighters; clerks and dispatchers or
8other civilian employees of a fire department or fire
9protection district who are not routinely expected to perform
10firefighter duties; and elected officials.
11    (c) Qualification for placement on register of eligibles.
12The purpose of establishing a register of eligibles is to
13identify applicants who possess and demonstrate the mental
14aptitude and physical ability to perform the duties required of
15members of the fire department in order to provide the highest
16quality of service to the public. To this end, all applicants
17for original appointment to an affected fire department shall
18be subject to examination and testing which shall be public,
19competitive, and open to all applicants unless the district
20shall by ordinance limit applicants to residents of the
21district, county or counties in which the district is located,
22State, or nation. Districts may establish educational,
23emergency medical service licensure, and other pre-requisites
24for participation in an examination or for hire as a
25firefighter. Any fire protection district may charge a fee to
26cover the costs of the application process.

 

 

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1    Residency requirements in effect at the time an individual
2enters the fire service of a district cannot be made more
3restrictive for that individual during his or her period of
4service for that district, or be made a condition of promotion,
5except for the rank or position of fire chief and for no more
6than 2 positions that rank immediately below that of the chief
7rank which are appointed positions pursuant to the Fire
8Department Promotion Act.
9    No person who is 35 years of age or older shall be eligible
10to take an examination for a position as a firefighter unless
11the person has had previous employment status as a firefighter
12in the regularly constituted fire department of the district,
13except as provided in this Section. The age limitation does not
14apply to:
15        (1) any person previously employed as a full-time
16    firefighter in a regularly constituted fire department of
17    (i) any municipality or fire protection district located in
18    Illinois, (ii) a fire protection district whose
19    obligations were assumed by a municipality under Section 21
20    of the Fire Protection District Act, or (iii) a
21    municipality whose obligations were taken over by a fire
22    protection district, or
23        (2) any person who has served a fire district as a
24    regularly enrolled volunteer, paid-on-call, or part-time
25    firefighter for the 5 years immediately preceding the time
26    that the district begins to use full-time firefighters to

 

 

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1    provide all or part of its fire protection service.
2    No person who is under 21 years of age shall be eligible
3for employment as a firefighter.
4    No applicant shall be examined concerning his or her
5political or religious opinions or affiliations. The
6examinations shall be conducted by the commissioners of the
7district or their designees and agents.
8    No district shall require that any firefighter appointed to
9the lowest rank serve a probationary employment period of
10longer than one year of actual active employment, which may
11exclude periods of training, or injury or illness leaves,
12including duty related leave, in excess of 30 calendar days.
13Notwithstanding anything to the contrary in this Section, the
14probationary employment period limitation may be extended for a
15firefighter who is required, as a condition of employment, to
16be a certified paramedic, during which time the sole reason
17that a firefighter may be discharged without a hearing is for
18failing to meet the requirements for paramedic certification.
19    In the event that any applicant who has been found eligible
20for appointment and whose name has been placed upon the final
21eligibility register provided for in this Section has not been
22appointed to a firefighter position within one year after the
23date of his or her physical ability examination, the commission
24may cause a second examination to be made of that applicant's
25physical ability prior to his or her appointment. If, after the
26second examination, the physical ability of the applicant shall

 

 

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1be found to be less than the minimum standard fixed by the
2rules of the commission, the applicant shall not be appointed.
3The applicant's name may be retained upon the register of
4candidates eligible for appointment and when next reached for
5certification and appointment that applicant may be again
6examined as provided in this Section, and if the physical
7ability of that applicant is found to be less than the minimum
8standard fixed by the rules of the commission, the applicant
9shall not be appointed, and the name of the applicant shall be
10removed from the register.
11    (d) Notice, examination, and testing components. Notice of
12the time, place, general scope, merit criteria for any
13subjective component, and fee of every examination shall be
14given by the commission, by a publication at least 2 weeks
15preceding the examination: (i) in one or more newspapers
16published in the district, or if no newspaper is published
17therein, then in one or more newspapers with a general
18circulation within the district, or (ii) on the fire protection
19district's Internet website. Additional notice of the
20examination may be given as the commission shall prescribe.
21    The examination and qualifying standards for employment of
22firefighters shall be based on: mental aptitude, physical
23ability, preferences, moral character, and health. The mental
24aptitude, physical ability, and preference components shall
25determine an applicant's qualification for and placement on the
26final register of eligibles. The examination may also include a

 

 

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1subjective component based on merit criteria as determined by
2the commission. Scores from the examination must be made
3available to the public.
4    (e) Mental aptitude. No person who does not possess at
5least a high school diploma or an equivalent high school
6education shall be placed on a register of eligibles.
7Examination of an applicant's mental aptitude shall be based
8upon a written examination. The examination shall be practical
9in character and relate to those matters that fairly test the
10capacity of the persons examined to discharge the duties
11performed by members of a fire department. Written examinations
12shall be administered in a manner that ensures the security and
13accuracy of the scores achieved.
14    (f) Physical ability. All candidates shall be required to
15undergo an examination of their physical ability to perform the
16essential functions included in the duties they may be called
17upon to perform as a member of a fire department. For the
18purposes of this Section, essential functions of the job are
19functions associated with duties that a firefighter may be
20called upon to perform in response to emergency calls. The
21frequency of the occurrence of those duties as part of the fire
22department's regular routine shall not be a controlling factor
23in the design of examination criteria or evolutions selected
24for testing. These physical examinations shall be open,
25competitive, and based on industry standards designed to test
26each applicant's physical abilities in the following

 

 

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1dimensions (or a similar test designed to ensure that the
2successful candidates are able to perform the essential
3functions of the firefighter's job description):
4        (1) Muscular strength to perform tasks and evolutions
5    that may be required in the performance of duties including
6    grip strength, leg strength, and arm strength. Tests shall
7    be conducted under anaerobic as well as aerobic conditions
8    to test both the candidate's speed and endurance in
9    performing tasks and evolutions. Tasks tested may be based
10    on standards developed, or approved, by the local
11    appointing authority.
12        (2) The ability to climb ladders, operate from heights,
13    walk or crawl in the dark along narrow and uneven surfaces,
14    and operate in proximity to hazardous environments.
15        (3) The ability to carry out critical, time-sensitive,
16    and complex problem solving during physical exertion in
17    stressful and hazardous environments. The testing
18    environment may be hot and dark with tightly enclosed
19    spaces, flashing lights, sirens, and other distractions.
20    Physical ability examinations administered under this
21Section shall be conducted with a reasonable number of proctors
22and monitors, open to the public, and subject to reasonable
23regulations of the commission.
24    (g) Scoring of examination components. Appointing
25authorities may create a preliminary eligibility register. A
26person shall be placed on the list based upon his or her

 

 

HB1576 Enrolled- 78 -LRB097 07146 RLJ 47248 b

1passage of the written examination or the passage of the
2written examination and the physical ability component.
3Passage of the written examination means a score that is at or
4above the mean score for all applicants participating in the
5written test. The appointing authority may conduct the physical
6ability component and any subjective components subsequent to
7the posting of the preliminary eligibility register.
8    The examination components for an initial eligibility
9register shall be graded on a 100-point scale. A person's
10position on the list shall be determined by the following: (i)
11the person's score on the written examination, (ii) the person
12successfully passing the physical ability component, and (iii)
13the person's results on any subjective component as described
14in subsection (d).
15    In order to qualify for placement on the final eligibility
16register, an applicant's total score, before any applicable
17preference points are applied, shall be at or above the mean
18score plus 10%. The local appointing authority may prescribe
19the score to qualify for placement on the final eligibility
20register, but the score shall not be less than the mean score
21plus 10%.
22    The commission shall prepare and keep a register of persons
23whose total score is not less than the minimum fixed by this
24Section and who have passed the physical ability examination.
25These persons shall take rank upon the register as candidates
26in the order of their relative excellence based on the highest

 

 

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1to the lowest total points scored on the mental aptitude,
2subjective component, and preference components of the test
3administered in accordance with this Section. No more than 60
4days after each examination, an initial eligibility list shall
5be posted by the commission. The list shall include the final
6grades of the candidates without reference to priority of the
7time of examination and subject to claim for preference credit.
8    Commissions may conduct additional examinations, including
9without limitation a polygraph test, after a final eligibility
10register is established and before it expires with the
11candidates ranked by total score without regard to date of
12examination. No more than 60 days after each examination, an
13initial eligibility list shall be posted by the commission
14showing the final grades of the candidates without reference to
15priority of time of examination and subject to claim for
16preference credit.
17    (h) Preferences. The following are preferences:
18        (1) Veteran preference. Persons who were engaged in the
19    military service of the United States for a period of at
20    least one year of active duty and who were honorably
21    discharged therefrom, or who are now or have been members
22    on inactive or reserve duty in such military or naval
23    service, shall be preferred for appointment to and
24    employment with the fire department of an affected
25    department.
26        (2) Fire cadet preference. Persons who have

 

 

HB1576 Enrolled- 80 -LRB097 07146 RLJ 47248 b

1    successfully completed 2 years of study in fire techniques
2    or cadet training within a cadet program established under
3    the rules of the Joint Labor and Management Committee
4    (JLMC), as defined in Section 50 of the Fire Department
5    Promotion Act, may be preferred for appointment to and
6    employment with the fire department.
7        (3) Educational preference. Persons who have
8    successfully obtained an associate's degree in the field of
9    fire service or emergency medical services, or a bachelor's
10    degree from an accredited college or university may be
11    preferred for appointment to and employment with the fire
12    department.
13        (4) Paramedic preference. Persons who have obtained
14    certification as an Emergency Medical Technician-Paramedic
15    (EMT-P) may be preferred for appointment to and employment
16    with the fire department of an affected department
17    providing emergency medical services.
18        (5) Experience preference. All persons employed by a
19    district who have been paid-on-call or part-time certified
20    Firefighter II, certified Firefighter III, State of
21    Illinois or nationally licensed EMT-B or EMT-I, licensed
22    paramedic, or any combination of those capacities may be
23    awarded up to a maximum of 5 points. However, the applicant
24    may not be awarded more than 0.5 points for each complete
25    year of paid-on-call or part-time service. Applicants from
26    outside the district who were employed as full-time

 

 

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1    firefighters or firefighter-paramedics by a fire
2    protection district or municipality for at least 2 years
3    may be awarded up to 5 experience preference points.
4    However, the applicant may not be awarded more than one
5    point for each complete year of full-time service.
6        (6) Residency preference. Applicants whose principal
7    residence is located within the fire department's
8    jurisdiction may be preferred for appointment to and
9    employment with the fire department.
10        Upon request by the commission, the governing body of
11    the district or in the case of applicants from outside the
12    district the governing body of any other fire protection
13    district or any municipality shall certify to the
14    commission, within 10 days after the request, the number of
15    years of successful paid-on-call, part-time, or full-time
16    service of any person. A candidate may not receive the full
17    amount of preference points under this subsection if the
18    amount of points awarded would place the candidate before a
19    veteran on the eligibility list. If more than one candidate
20    receiving experience preference points is prevented from
21    receiving all of their points due to not being allowed to
22    pass a veteran, the candidates shall be placed on the list
23    below the veteran in rank order based on the totals
24    received if all points under this subsection were to be
25    awarded. Any remaining ties on the list shall be determined
26    by lot.

 

 

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1        (7) Additional preferences. Up to 5 additional
2    preference points may be awarded for unique categories
3    based on an applicant's experience or background as
4    identified by the commission.
5        (8) Scoring of preferences. The commission shall give
6    preference for original appointment to persons designated
7    in item (1) by adding to the final grade that they receive
8    5 points for the recognized preference achieved. The
9    commission shall determine the number of preference points
10    for each category except (1). The number of preference
11    points for each category shall range from 0 to 5. In
12    determining the number of preference points, the
13    commission shall prescribe that if a candidate earns the
14    maximum number of preference points in all categories, that
15    number may not be less than 10 nor more than 30. The
16    commission shall give preference for original appointment
17    to persons designated in items (2) through (7) by adding
18    the requisite number of points to the final grade for each
19    recognized preference achieved. The numerical result thus
20    attained shall be applied by the commission in determining
21    the final eligibility list and appointment from the
22    eligibility list. The local appointing authority may
23    prescribe the total number of preference points awarded
24    under this Section, but the total number of preference
25    points shall not be less than 10 points or more than 30
26    points.

 

 

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1    No person entitled to any preference shall be required to
2claim the credit before any examination held under the
3provisions of this Section, but the preference shall be given
4after the posting or publication of the initial eligibility
5list or register at the request of a person entitled to a
6credit before any certification or appointments are made from
7the eligibility register, upon the furnishing of verifiable
8evidence and proof of qualifying preference credit. Candidates
9who are eligible for preference credit shall make a claim in
10writing within 10 days after the posting of the initial
11eligibility list, or the claim shall be deemed waived. Final
12eligibility registers shall be established after the awarding
13of verified preference points. All employment shall be subject
14to the commission's initial hire background review including,
15but not limited to, criminal history, employment history, moral
16character, oral examination, and medical and psychological
17examinations, all on a pass-fail basis. The medical and
18psychological examinations must be conducted last, and may only
19be performed after a conditional offer of employment has been
20extended.
21    Any person placed on an eligibility list who exceeds the
22age requirement before being appointed to a fire department
23shall remain eligible for appointment until the list is
24abolished, or his or her name has been on the list for a period
25of 2 years. No person who has attained the age of 35 years
26shall be inducted into a fire department, except as otherwise

 

 

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1provided in this Section.
2    The commission shall strike off the names of candidates for
3original appointment after the names have been on the list for
4more than 2 years.
5    (i) Moral character. No person shall be appointed to a fire
6department unless he or she is a person of good character; not
7a habitual drunkard, a gambler, or a person who has been
8convicted of a felony or a crime involving moral turpitude.
9However, no person shall be disqualified from appointment to
10the fire department because of the person's record of
11misdemeanor convictions except those under Sections 11-6,
1211-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
1312-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
1431-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
151, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or
16arrest for any cause without conviction thereon. Any such
17person who is in the department may be removed on charges
18brought for violating this subsection and after a trial as
19hereinafter provided.
20    A classifiable set of the fingerprints of every person who
21is offered employment as a certificated member of an affected
22fire department whether with or without compensation, shall be
23furnished to the Illinois Department of State Police and to the
24Federal Bureau of Investigation by the commission.
25    Whenever a commission is authorized or required by law to
26consider some aspect of criminal history record information for

 

 

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1the purpose of carrying out its statutory powers and
2responsibilities, then, upon request and payment of fees in
3conformance with the requirements of Section 2605-400 of the
4State Police Law of the Civil Administrative Code of Illinois,
5the Department of State Police is authorized to furnish,
6pursuant to positive identification, the information contained
7in State files as is necessary to fulfill the request.
8    (j) Temporary appointments. In order to prevent a stoppage
9of public business, to meet extraordinary exigencies, or to
10prevent material impairment of the fire department, the
11commission may make temporary appointments, to remain in force
12only until regular appointments are made under the provisions
13of this Section, but never to exceed 60 days. No temporary
14appointment of any one person shall be made more than twice in
15any calendar year.
16    (k) A person who knowingly divulges or receives test
17questions or answers before a written examination, or otherwise
18knowingly violates or subverts any requirement of this Section,
19commits a violation of this Section and may be subject to
20charges for official misconduct.
21    A person who is the knowing recipient of test information
22in advance of the examination shall be disqualified from the
23examination or discharged from the position to which he or she
24was appointed, as applicable, and otherwise subjected to
25disciplinary actions.
 

 

 

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1    (70 ILCS 705/16.06c new)
2    Sec. 16.06c. Alternative procedure; original appointment;
3full-time firefighter.
4    (a) Authority. The Joint Labor and Management Committee
5(JLMC), as defined in Section 50 of the Fire Department
6Promotion Act, may establish a community outreach program to
7market the profession of firefighter and firefighter-paramedic
8so as to ensure the pool of applicants recruited is of broad
9diversity and the highest quality.
10    For the purposes of this Section, "firefighter" means any
11person who has been prior to, on, or after the effective date
12of this amendatory Act of the 97th General Assembly appointed
13to a fire department or fire protection district or employed by
14a State university and sworn or commissioned to perform
15firefighter duties or paramedic duties, or both, except that
16the following persons are not included: part-time
17firefighters; auxiliary, reserve, or voluntary firefighters,
18including paid-on-call firefighters; clerks and dispatchers or
19other civilian employees of a fire department or fire
20protection district who are not routinely expected to perform
21firefighter duties; and elected officials.
22    (b) Eligibility. Persons eligible for placement on the
23master register of eligibles shall consist of the following:
24        Persons who have participated in and received a passing
25    total score on the mental aptitude, physical ability, and
26    preference components of a regionally administered test

 

 

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1    based on the standards described in this Section. The
2    standards for administering these tests and the minimum
3    passing score required for placement on this list shall be
4    as is set forth in this Section.
5        Qualified candidates shall be listed on the master
6    register of eligibles in highest to lowest rank order based
7    upon their test scores without regard to their date of
8    examination. Candidates listed on the master register of
9    eligibles shall be eligible for appointment for 2 years
10    after the date of the certification of their final score on
11    the register without regard to the date of their
12    examination. After 2 years, the candidate's name shall be
13    struck from the list.
14        Any person currently employed as a full-time member of
15    a fire department or any person who has experienced a
16    non–voluntary (and non-disciplinary) separation from the
17    active workforce due to a reduction in the number of
18    departmental officers, who was appointed pursuant to
19    Division 1 of Article 10 of the Illinois Municipal Code,
20    Division 2.1 of Article 10 of the Illinois Municipal Code,
21    or the Fire Protection District Act, and who during the
22    previous 24 months participated in and received a passing
23    score on the physical ability and mental aptitude
24    components of the test may request that his or her name be
25    added to the master register. Any eligible person may be
26    offered employment by a local commission under the same

 

 

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1    procedures as provided by this Section except that the
2    apprenticeship period may be waived and the applicant may
3    be immediately issued a certificate of original
4    appointment by the local commission.
5    (c) Qualifications for placement on register of eligibles.
6The purpose for establishing a master register of eligibles
7shall be to identify applicants who possess and demonstrate the
8mental aptitude and physical ability to perform the duties
9required of members of the fire department in order to provide
10the highest quality of service to the public. To this end, all
11applicants for original appointment to an affected fire
12department through examination conducted by the Joint Labor and
13Management Committee (JLMC) shall be subject to examination and
14testing which shall be public, competitive, and open to all
15applicants. Any subjective component of the testing must be
16administered by certified assessors. All qualifying and
17disqualifying factors applicable to examination processes for
18local commissions in this amendatory Act of the 97th General
19Assembly shall be applicable to persons participating in Joint
20Labor and Management Committee examinations unless
21specifically provided otherwise in this Section.
22    Notice of the time, place, general scope, and fee of every
23JLMC examination shall be given by the JLMC or designated
24testing agency, as applicable, by a publication at least 30
25days preceding the examination, in one or more newspapers
26published in the region, or if no newspaper is published

 

 

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1therein, then in one or more newspapers with a general
2circulation within the region. The JLMC may publish the notice
3on the JLMC's Internet website. Additional notice of the
4examination may be given as the JLMC shall prescribe.
5    (d) Examination and testing components for placement on
6register of eligibles. The examination and qualifying
7standards for placement on the master register of eligibles and
8employment shall be based on the following components: mental
9aptitude, physical ability, preferences, moral character, and
10health. The mental aptitude, physical ability, and preference
11components shall determine an applicant's qualification for
12and placement on the master register of eligibles. The
13consideration of an applicant's general moral character and
14health shall be administered on a pass-fail basis after a
15conditional offer of employment is made by a local commission.
16    (e) Mental aptitude. Examination of an applicant's mental
17aptitude shall be based upon written examination and an
18applicant's prior experience demonstrating an aptitude for and
19commitment to service as a member of a fire department. Written
20examinations shall be practical in character and relate to
21those matters that fairly test the capacity of the persons
22examined to discharge the duties performed by members of a fire
23department. Written examinations shall be administered in a
24manner that ensures the security and accuracy of the scores
25achieved. Any subjective component of the testing must be
26administered by certified assessors. No person who does not

 

 

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1possess a high school diploma or an equivalent high school
2education shall be placed on a register of eligibles. Local
3commissions may establish educational, emergency medical
4service licensure, and other pre-requisites for hire within
5their jurisdiction.
6    (f) Physical ability. All candidates shall be required to
7undergo an examination of their physical ability to perform the
8essential functions included in the duties they may be called
9upon to perform as a member of a fire department. For the
10purposes of this Section, essential functions of the job are
11functions associated with duties that a firefighter may be
12called upon to perform in response to emergency calls. The
13frequency of the occurrence of those duties as part of the fire
14department's regular routine shall not be a controlling factor
15in the design of examination criteria or evolutions selected
16for testing. These physical examinations shall be open,
17competitive, and based on industry standards designed to test
18each applicant's physical abilities in each of the following
19dimensions (or a similar test designed to ensure that the
20successful candidates are able to perform the essential
21functions of a firefighter's job description):
22        (1) Muscular strength to perform tasks and evolutions
23    that may be required in the performance of duties including
24    grip strength, leg strength, and arm strength. Tests shall
25    be conducted under anaerobic as well as aerobic conditions
26    to test both the candidate's speed and endurance in

 

 

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1    performing tasks and evolutions. Tasks tested are to be
2    based on industry standards developed by the JLMC by rule.
3        (2) The ability to climb ladders, operate from heights,
4    walk or crawl in the dark along narrow and uneven surfaces,
5    and operate in proximity to hazardous environments.
6        (3) The ability to carry out critical, time-sensitive,
7    and complex problem solving during physical exertion in
8    stressful and hazardous environments. The testing
9    environment may be hot and dark with tightly enclosed
10    spaces, flashing lights, sirens, and other distractions.
11    (g) Scoring of examination components. The examination
12components shall be graded on a 100-point scale. A person's
13position on the master register of eligibles shall be
14determined by the person's score on the written examination,
15the person successfully passing the physical ability
16component, and the addition of any applicable preference
17points.
18    Applicants who have achieved at least the mean score of all
19applicants participating in the written examination at the same
20time, and who successfully pass the physical ability
21examination shall be placed on the initial eligibility
22register. For placement on the final eligibility register, the
23passing score shall be determined by (i) calculating the mean
24score for all applicants participating in the written test; and
25(ii) adding 20% to the mean score. Applicants whose total
26scores, including any applicable preference points, are above

 

 

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1the mean score plus 20%, shall be placed on the master register
2of eligibles by the JLMC.
3    These persons shall take rank upon the register as
4candidates in the order of their relative excellence based on
5the highest to the lowest total points scored on the mental
6aptitude and physical ability components, plus any applicable
7preference points requested and verified by the JLMC, or
8approved testing agency.
9    No more than 60 days after each examination, a revised
10master register of eligibles shall be posted by the JLMC
11showing the final grades of the candidates without reference to
12priority of time of examination.
13    (h) Preferences. The board shall give military, education,
14and experience preference points to those who qualify for
15placement on the master register of eligibles, on the same
16basis as provided for examinations administered by a local
17commission.
18    No person entitled to preference or credit shall be
19required to claim the credit before any examination held under
20the provisions of this Section. The preference shall be given
21after the posting or publication of the applicant's initial
22score at the request of the person before finalizing the scores
23from all applicants taking part in a JLMC examination.
24Candidates who are eligible for preference credit shall make a
25claim in writing within 10 days after the posting of the
26initial scores from any JLMC test or the claim shall be deemed

 

 

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1waived. Once preference points are awarded, the candidates
2shall be certified to the master register in accordance with
3their final score including preference points.
4    (i) Firefighter apprentice and firefighter-paramedic
5apprentice. The employment of an applicant to an apprentice
6position (including a currently employed full-time member of a
7fire department whose apprenticeship may be reduced or waived)
8shall be subject to the applicant passing the moral character
9standards and health examinations of the local commission. In
10addition, a local commission may require as a condition of
11employment that the applicant demonstrate current physical
12ability by either passing the local commission's approved
13physical ability examination, or by presenting proof of
14participating in and receiving a passing score on the physical
15ability component of a JLMC test within a period of up to 12
16months before the date of the conditional offer of employment.
17Applicants shall be subject to the local commission's initial
18hire background review including criminal history, employment
19history, moral character, oral examination, and medical
20examinations which may include polygraph, psychological, and
21drug screening components, all on a pass-fail basis. The
22medical examinations must be conducted last, and may only be
23performed after a conditional offer of employment has been
24extended.
25    (j) Selection from list. Any municipality or fire
26protection district that is a party to an intergovernmental

 

 

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1agreement under the terms of which persons have been tested for
2placement on the master register of eligibles shall be entitled
3to offer employment to any person on the list irrespective of
4their ranking on the list. The offer of employment shall be to
5the position of firefighter apprentice or
6firefighter-paramedic apprentice.
7    Applicants passing these tests may be employed as a
8firefighter apprentice or a firefighter-paramedic apprentice
9who shall serve an apprenticeship period of 12 months or less
10according to the terms and conditions of employment as the
11employing municipality or district offers, or as provided for
12under the terms of any collective bargaining agreement then in
13effect. The apprenticeship period is separate from the
14probationary period.
15    Service during the apprenticeship period shall be on a
16probationary basis. During the apprenticeship period, the
17apprentice's training and performance shall be monitored and
18evaluated by a Joint Apprenticeship Committee.
19    The Joint Apprenticeship Committee shall consist of 4
20members who shall be regular members of the fire department
21with at least 10 years of full-time work experience as a
22firefighter or firefighter-paramedic. The fire chief and the
23president of the exclusive bargaining representative
24recognized by the employer shall each appoint 2 members to the
25Joint Apprenticeship Committee. In the absence of an exclusive
26collective bargaining representative, the chief shall appoint

 

 

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1the remaining 2 members who shall be from the ranks of company
2officer and firefighter with at least 10 years of work
3experience as a firefighter or firefighter-paramedic. In the
4absence of a sufficient number of qualified firefighters, the
5Joint Apprenticeship Committee members shall have the amount of
6experience and the type of qualifications as is reasonable
7given the circumstances of the fire department. In the absence
8of a full-time member in a rank between chief and the highest
9rank in a bargaining unit, the Joint Apprenticeship Committee
10shall be reduced to 2 members, one to be appointed by the chief
11and one by the union president, if any. If there is no
12exclusive bargaining representative, the chief shall appoint
13the second member of the Joint Apprenticeship Committee from
14among qualified members in the ranks of company officer and
15below. Before the conclusion of the apprenticeship period, the
16Joint Apprenticeship Committee shall meet to consider the
17apprentice's progress and performance and vote to retain the
18apprentice as a member of the fire department or to terminate
19the apprenticeship. If 3 of the 4 members of the Joint
20Apprenticeship Committee affirmatively vote to retain the
21apprentice (if a 2 member Joint Apprenticeship Committee
22exists, then both members must affirmatively vote to retain the
23apprentice), the local commission shall issue the apprentice a
24certificate of original appointment to the fire department.
25    (k) A person who knowingly divulges or receives test
26questions or answers before a written examination, or otherwise

 

 

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1knowingly violates or subverts any requirement of this Section,
2commits a violation of this Section and may be subject to
3charges for official misconduct.
4    A person who is the knowing recipient of test information
5in advance of the examination shall be disqualified from the
6examination or discharged from the position to which he or she
7was appointed, as applicable, and otherwise subjected to
8disciplinary actions.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.