Illinois General Assembly - Full Text of HB1709
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Full Text of HB1709  97th General Assembly




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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 Fire Department Promotion Act is amended by
5changing Section 50 as follows:
6    (50 ILCS 742/50)
7    Sec. 50. Subjective evaluation.
8    (a) A promotion test may include subjective evaluation
9components. Subjective evaluations may include an oral
10interview, tactical evaluation, performance evaluation, or
11other component based on subjective evaluation of the examinee.
12The methods used for subjective evaluations may include using
13any employee assessment centers, evaluation systems, chief's
14points, or other methods.
15    (b) Any subjective component shall be identified to all
16candidates prior to its application, be job-related, and be
17applied uniformly to all candidates. Every examinee shall have
18the right to documentation of his or her score on the
19subjective component upon the completion of the subjective
20examination component or its application. A designated
21representative of the contracting union party shall be notified
22and be entitled to be present to monitor any preliminary
23meeting between certified assessors or representatives of a



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1testing agency and representatives of the appointing authority
2held prior to the administration of the test to candidates for
4    (c) Where chief's points or other subjective methods are
5employed that are not amenable to monitoring, monitors shall
6not be required, but any disputes as to the results of such
7methods shall be subject to resolution in accordance with any
8collectively bargained grievance procedure in effect at the
9time of the test.
10    (d) Where performance evaluations are used as a basis for
11promotions, they shall be given annually and made readily
12available to each candidate for review and they shall include
13any disagreement or documentation the employee provides to
14refute or contest the evaluation. These annual evaluations are
15not subject to grievance procedures, unless used for points in
16the promotion process.
17    (e) Total points awarded for subjective components shall be
18posted before the written examination is administered and
19before the promotion list is compiled.
20    (f) Persons selected to grade candidates for promotion
21during an assessment center process shall be impartial
22professionals who have undergone training to be certified
23assessors. The training and certification requirements shall,
24at a minimum, provide that, to obtain and maintain
25certification, assessors shall complete a course of basic
26training, subscribe to a code of ethical conduct, complete



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1continuing education, and satisfy minimum activity levels.
2    (g) The standards for certification shall be established by
3a Joint Labor and Management Committee (JLMC) composed of 4
4members: 2 designated by a statewide association whose
5membership is predominantly fire chiefs representing
6management interests of the Illinois fire service, and 2
7designated by a statewide labor organization that is a
8representative of sworn or commissioned firefighters in
9Illinois. Members may serve terms of one year subject to
11    For the purposes of this Section, the term "statewide labor
12organization" has the meaning ascribed to it in Section 10-3-12
13of the Illinois Municipal Code.
14    In developing certification standards the JLMC may seek the
15advice and counsel of professionals and experts and may appoint
16an advisory committee.
17    The JLMC may charge reasonable fees that are related to the
18costs of administering authorized programs and conducting
19classes, including without limitation the costs of monitoring
20programs and classes, to the following: (i) applicants for
21certifications or recertifications, (ii) recipients of
22certifications or recertifications, and (iii) individuals and
23entities approved by the JLMC to conduct programs or classes.
24    The JLMC's initial certification standards shall be
25submitted to the Office of the State Fire Marshal by January 1,
262009. The JLMC may provisionally certify persons who have prior



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1experience as assessors on promotional examinations in the fire
2service. Effective January 1, 2010 only those persons who meet
3the certification standards developed by the JLMC and submitted
4to the Office of the State Fire Marshal may be selected to
5grade candidates on a subjective component of a promotional
6examination conducted under the authority of this Act; provided
7this requirement shall be waived for persons employed or
8appointed by the jurisdiction administering the examination.
9    The JLMC shall annually:
10        (1) issue public notice offering persons who are
11    interested in qualifying as certified assessors the
12    opportunity to enroll in training; and
13        (2) submit to the Office of the State Fire Marshal an
14    amended list of persons who remain certified, are newly
15    certified, or who are no longer certified.
16    (h) The Office of the State Fire Marshal shall support the
17program by adopting certification standards based on those
18submitted by the JLMC and by establishing a roster of certified
19assessors composed of persons certified by the JLMC.
20    If the parties have not agreed to contract with a
21particular testing company to provide certified assessors,
22either party may request the Office to provide the names of
23certified assessors. Within 7 days after receiving a request
24from either party for a list of certified assessors, the Office
25shall select at random from the roster of certified assessors a
26panel numbering not less than 2 times the number of assessors



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1required. The parties shall augment the number by a factor of
250% by designating assessors who may serve as alternates to the
3primary assessors.
4    The parties shall select assessors from the list or lists
5provided by the Office or from the panel obtained by the
6testing company as provided above. Within 7 days following the
7receipt of the list, the parties shall notify the Office of the
8assessors they have selected. Unless the parties agree on an
9alternate selection procedure, they shall alternatively strike
10names from the list provided by the Office until only the
11number of required assessors remain. A coin toss shall
12determine which party strikes the first name. If the parties
13fail to notify the Office in a timely manner of their selection
14of assessors, the Office shall appoint the assessors required
15from the roster of certified assessors. In the event an
16assessor is not able to participate in the assessment center
17process for which he was selected, either of the parties
18involved in the promotion process may request that additional
19names of certified assessors be provided by the Office.
20(Source: P.A. 95-956, eff. 8-29-08.)
21    Section 99. Effective date. This Act takes effect upon
22becoming law.