093_HB1195sam001











                                     LRB093 03926 LRD 15164 a

 1                    AMENDMENT TO HOUSE BILL 1195

 2        AMENDMENT NO.     .  Amend House Bill 1195  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  1.   Short title.  This Act may be cited as the
 5    Fire Department Promotion Act.

 6        Section 5. Definitions. In this Act:
 7        "Affected department" or "department" means  a  full-time
 8    municipal  fire  department  that  is subject to a collective
 9    bargaining agreement or the fire  department  operated  by  a
10    full-time  fire  protection  district  that  is  subject to a
11    collective bargaining agreement. The  terms  do  not  include
12    fire  departments  operated  by the State, a university, or a
13    municipality with a population over 1,000,000 or any unit  of
14    local government other than a municipality or fire protection
15    district. The terms also do not include a combined department
16    that  was  providing both police and firefighting services on
17    January 1, 2002.
18        "Appointing authority" means the Board of Fire and Police
19    Commissioners, Board of  Fire  Commissioners,  Civil  Service
20    Commissioners,   Superintendent   or  Department  Head,  Fire
21    Protection District Board of Trustees, or other entity having
22    the authority  to  administer  and  grant  promotions  in  an
 
                            -2-      LRB093 03926 LRD 15164 a
 1    affected department.
 2        "Promotion"  means  any  appointment  or advancement to a
 3    rank  within  the  affected  department  (1)  for  which   an
 4    examination  was required before January 1, 2001; (2) that is
 5    included within a bargaining unit; or (3) that  is  the  next
 6    rank  immediately  above  the  highest rank included within a
 7    bargaining unit, provided such rank  is  not  the  only  rank
 8    between  the  Fire Chief and the highest rank included within
 9    the bargaining unit, or is a rank  otherwise  accepted  under
10    item  (i),  (ii),  (iii),  (iv),  or  (v)  of this definition
11    "Promotion" does not include appointments (i)  that  are  for
12    fewer than 180 days; (ii) to the positions of Superintendent,
13    Chief,   or  other  chief  executive  officer;  (iii)  to  an
14    exclusively administrative or executive  rank  for  which  an
15    examination is not required; (iv) to a rank that was exempted
16    by  a  home  rule  municipality  prior  to  January  1, 2001,
17    provided that after the effective date of this  Act  no  home
18    rule  municipality  may  exempt  any future or existing ranks
19    from the provisions of this Act; or (v) to an  administrative
20    rank  immediately  below  the Superintendent, Chief, or other
21    chief executive officer of an affected  department,  provided
22    such  rank shall not be held by more than 2 persons and there
23    is a promoted rank immediately below it. Notwithstanding  the
24    exceptions  to  the  definition  of  "promotion" set forth in
25    items (i), (ii), (iii), (iv), and  (v)  of  this  definition,
26    promotions shall include any appointments to ranks covered by
27    the  terms  of a collective bargaining agreement in effect on
28    the effective date of this Act.
29        "Preliminary promotion list"  means  the  rank  order  of
30    eligible candidates established in accordance with subsection
31    (b)  of   Section 20 prior to applicable veteran's preference
32    points.  A person on the preliminary promotion  list  who  is
33    eligible   for   veteran's  preference  under  the  laws  and
34    agreements applicable to the appointing authority may file  a
 
                            -3-      LRB093 03926 LRD 15164 a
 1    written  application for that preference within 10 days after
 2    the initial posting of the preliminary  promotion  list.  The
 3    preference  shall be calculated in accordance with Section 55
 4    and applied as an addition to the person's total point  score
 5    on  the  examination.   The  appointing  authority shall make
 6    adjustments to the preliminary promotion list  based  on  any
 7    veteran's preference claimed and the final adjusted promotion
 8    list shall then be posted by the appointing authority.
 9        "Final  adjusted promotion list" means the promotion list
10    for the position that is in effect on the date  the  position
11    is  created  or  the  vacancy  occurs.   If there is no final
12    adjusted promotion list in effect for that position  on  that
13    date,  or  if  all  persons  on  the  current  final adjusted
14    promotion list for that position refuse  the  promotion,  the
15    affected  department  shall  not  make  a permanent promotion
16    until a new final adjusted promotion list has  been  prepared
17    in  accordance  with  this  Act,  but  may  make  a temporary
18    appointment to fill the vacancy. Temporary appointments shall
19    not exceed 180 days.
20        Each component of the promotional test shall be scored on
21    a scale of 100 points.  The component scores  shall  then  be
22    reduced  by the weighting factor assigned to the component on
23    the test and the scores of all components shall be  added  to
24    produce a total score based on a scale of 100 points.

25        Section 10.  Applicability.
26        (a)  This Act shall apply to all positions in an affected
27    department, except those specifically excluded in  items (i),
28    (ii),  (iii),  (iv), and (v) of the definition of "promotion"
29    in  Section  5  unless  such  positions  are  covered  by   a
30    collective  bargaining  agreement  in  force on the effective
31    date of this Act.  Existing promotion lists shall continue to
32    be valid until their expiration dates, or up to a maximum  of
33    3 years after the effective date of this Act.
 
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 1        (b)  Notwithstanding  any  statute,  ordinance,  rule, or
 2    other laws to the contrary, all  promotions  in  an  affected
 3    department to which this Act applies shall be administered in
 4    the  manner  provided  for  in  this  Act.  Provisions of the
 5    Illinois Municipal Code, the Fire  Protection  District  Act,
 6    municipal  ordinances,  or  rules  adopted  pursuant  to such
 7    authority and other laws relating to promotions  in  affected
 8    departments  shall  continue  to apply to the extent they are
 9    compatible with this  Act,  but  in  the  event  of  conflict
10    between this Act and any other law, this Act shall control.
11        (c)  A  home  rule  or non-home rule municipality may not
12    administer its fire department promotion process in a  manner
13    that  is  inconsistent  with  this  Act.    This Section is a
14    limitation under subsection (i) of Section 6 of  Article  VII
15    of  the  Illinois  Constitution on the concurrent exercise by
16    home rule units of the powers and functions exercised by  the
17    State.
18        (d)  This  Act is intended to serve as a minimum standard
19    and shall be construed to authorize and not to limit:
20             (1)  An  appointing  authority   from   establishing
21        different   or   supplemental   promotional  criteria  or
22        components, provided that the  criteria  are  job-related
23        and  applied  uniformly to identify merit factors for the
24        promotion of the candidate of the highest rank.
25             (2)  The negotiation by an employer and an exclusive
26        bargaining representative of clauses within a  collective
27        bargaining agreement relating to conditions of procedures
28        for  the  promotion  of  employees  who  are  members  of
29        bargaining  units who are not specifically excluded under
30        the definition of "promotion" in Section 10 of this Act.
31             (3)  The negotiation by an employer and an exclusive
32        bargaining  representative   of   provisions   within   a
33        collective  bargaining  agreement  to achieve affirmative
34        action  objectives,  provided  that  such   clauses   are
 
                            -5-      LRB093 03926 LRD 15164 a
 1        consistent with applicable law.

 2        Section 15. Promotion process.
 3        (a)  For the purpose of granting promotion to any rank to
 4    which  this  Act applies, the appointing authority shall from
 5    time to time, as necessary, administer a promotion process in
 6    accordance with this Act.
 7        (b)  Eligibility  requirements  to  participate  in   the
 8    promotional  process  may include a minimum requirement as to
 9    the  length   of   employment,   education,   training,   and
10    certification   in   subjects  and  skills  related  to  fire
11    fighting. After the effective date  of  this  Act,  any  such
12    eligibility requirements shall be published at least one year
13    prior to the date of the beginning of the promotional process
14    and  all members of the affected department shall be given an
15    equal opportunity to meet those eligibility requirements.
16        (c)  All  aspects  of  the  promotion  process  shall  be
17    equally  accessible  to  all  eligible   employees   of   the
18    department.  Every  component  of  the testing and evaluation
19    procedures shall be published to all eligible candidates when
20    the announcement of promotional testing is made.  The  scores
21    for  each  component of the testing and evaluation procedures
22    shall be disclosed to each candidate as soon  as  practicable
23    after the component is completed.
24        (d)  The  appointing  authority  shall provide a separate
25    promotional examination for  each  rank  that  is  filled  by
26    promotion.    All   examinations   for   promotion  shall  be
27    competitive among the members of the next lower rank who meet
28    the established eligibility requirements and desire to submit
29    themselves to  examination.   The  appointing  authority  may
30    employ   consultants   to  design  and  administer  promotion
31    examinations or may adopt  any  job-related  examinations  or
32    study  materials  that  may become available, so long as they
33    comply with the requirements of this Act.
 
                            -6-      LRB093 03926 LRD 15164 a
 1        Section 20. Promotion lists.
 2        (a)  For the purpose of granting a promotion to any  rank
 3    to  which  this  Act  applies, the appointing authority shall
 4    from time  to  time,  as  necessary,  prepare  a  preliminary
 5    promotion  list  in accordance with this Act. The preliminary
 6    promotion list shall be  distributed,  posted,  or  otherwise
 7    made  conveniently  available  by the appointing authority to
 8    all members of the department.
 9        (b)  A person's position  on  the  preliminary  promotion
10    list  shall  be  determined by a combination of factors which
11    may include any of the following:  (i) the person's score  on
12    the   written   examination  for  that  rank,  determined  in
13    accordance with  Section  35;  (ii)  the  person's  seniority
14    within  the department, determined in accordance with Section
15    40; (iii)  the  person's  ascertained  merit,  determined  in
16    accordance  with  Section  45; and (iv) the person's score on
17    the subjective  evaluation,  determined  in  accordance  with
18    Section  50.  Candidates  shall be ranked on the list in rank
19    order based on the highest to the lowest total points  scored
20    on all of the components of the test. Promotional components,
21    as  defined  herein,  shall be determined and administered in
22    accordance with  the  referenced  Section,  unless  otherwise
23    modified  or agreed to as provided by paragraph (1) or (2) of
24    subsection (e) of Section 10.  The use of physical  criteria,
25    including   but  not  limited  to  fitness  testing,  agility
26    testing, and medical evaluations, is specifically barred from
27    the promotion process.
28        (c)  A person on the preliminary promotion  list  who  is
29    eligible  for  a  veteran's  preference  under  the  laws and
30    agreements applicable to the department may  file  a  written
31    application  for  that  preference  within  10 days after the
32    initial posting  of  the  preliminary  promotion  list.   The
33    preference  shall  be calculated as provided under Section 55
34    and added to the total score achieved by the candidate on the
 
                            -7-      LRB093 03926 LRD 15164 a
 1    test.  The appointing authority shall then  make  adjustments
 2    to  the rank order of the preliminary promotion list based on
 3    any  veteran's  preferences  awarded.   The  final   adjusted
 4    promotion   list   shall  then  be  distributed,  posted,  or
 5    otherwise  made  conveniently  available  by  the  appointing
 6    authority to all members of the department.
 7        (d)  Whenever a promotional rank is  created  or  becomes
 8    vacant  due  to  resignation, discharge, promotion, death, or
 9    the granting of a disability or retirement  pension,  or  any
10    other  cause,  the appointing authority shall appoint to that
11    position the person with the highest  ranking  on  the  final
12    promotion  list  for  that  rank,  except that the appointing
13    authority shall have the right to pass over that  person  and
14    appoint  the  next  highest  ranked person on the list if the
15    appointing authority has reason to conclude that the  highest
16    ranking  person  has demonstrated substantial shortcomings in
17    work performance or has engaged in misconduct  affecting  the
18    person's  ability  to perform the duties of the promoted rank
19    since the posting of the  promotion  list.   If  the  highest
20    ranking person is passed over, the appointing authority shall
21    document  its  reasons  for  its  decision to select the next
22    highest ranking person on the list.  Unless the  reasons  for
23    passing  over the highest ranking person are not remedial, no
24    person who is the highest ranking person on the list  at  the
25    time of the vacancy shall be passed over more than once.  Any
26    dispute   as   to  the  selection  of  the  first  or  second
27    highest-ranking person shall  be  subject  to  resolution  in
28    accordance  with  any  grievance procedure in effect covering
29    the employee.  Local authorities affected by this Section may
30    agree to waive this Section and bargain on its contents.
31        A vacancy shall be deemed to occur in a position  on  the
32    date  upon  which  the  position is vacated, and on that same
33    date, a vacancy shall occur in all  ranks  inferior  to  that
34    rank,  provided that the position or positions continue to be
 
                            -8-      LRB093 03926 LRD 15164 a
 1    funded and authorized by  the  corporate  authorities.  If  a
 2    vacated  position  is  not filled due to a lack of funding or
 3    authorization  and  is  subsequently  reinstated,  the  final
 4    promotion  list  shall  be  continued  in  effect  until  all
 5    positions vacated have been filled or for a period  up  to  5
 6    years  beginning  from  the  date  on  which the position was
 7    vacated.  In such event,  the  candidate  or  candidates  who
 8    would   have   otherwise  been   promoted  when  the  vacancy
 9    originally occurred shall be promoted.
10        Any candidate may refuse a promotion once without  losing
11    his  or  her  position  on the final adjusted promotion list.
12    Any candidate who refuses promotion a second  time  shall  be
13    removed from the final adjusted promotion list, provided that
14    such  action  shall not prejudice a person's opportunities to
15    participate in future promotion examinations.
16        (e)  A final adjusted promotion list shall  remain  valid
17    and unaltered for a period of not less than 2 nor more than 3
18    years  after  the  date  of  the initial posting.  Integrated
19    lists are prohibited and when a  list  expires  it  shall  be
20    void,  except  as provided in subsection (d) of this Section.
21    If a promotion list is not in effect,  a successor list shall
22    be prepared and distributed within 180 days after a  vacancy,
23    as defined in subsection (d) of this Section.
24        (f)  This Section 20 does not apply to the initial hiring
25    list.

26        Section 25. Monitoring.
27        (a)  All  aspects  of  the  promotion  process, including
28    without limitation the administration, scoring,  and  posting
29    of   scores   for  the  written  examination  and  subjective
30    evaluation and the determination and posting of seniority and
31    ascertained merit scores, shall be subject to monitoring  and
32    review  in  accordance  with this Section and Sections 30 and
33    50.
 
                            -9-      LRB093 03926 LRD 15164 a
 1        (b)  Two impartial persons who are  not  members  of  the
 2    affected  department shall be selected to act as observers by
 3    the exclusive bargaining agent.  The  appointing  authorities
 4    may also select 2 additional impartial observers.
 5        (c)  The  observers  monitoring the promotion process are
 6    authorized to be present and observe when  any  component  of
 7    the  test  is  administered  or  scored.  Except as otherwise
 8    agreed to in a collective bargaining agreement, observers may
 9    not interfere with the promotion process, but shall  promptly
10    report   any   observed   or   suspected   violation  of  the
11    requirements  of  this  Act  or  an   applicable   collective
12    bargaining  agreement  to  the  appointing  authority and all
13    other affected parties.
14        (d)  The provisions of this Section do not apply  to  the
15    extent  that  they are inconsistent with provisions otherwise
16    agreed to in a collective bargaining agreement.

17        Section 30.  Promotion examination components.  Promotion
18    examinations  that  include  components consisting of written
19    examinations,  seniority  points,   ascertained   merit,   or
20    subjective  evaluations  shall be administered as provided in
21    Sections 35, 40, 45 and 50.  The  weight,  if  any,  that  is
22    given  to any such component included in a test may be set at
23    the discretion of the appointing authority provided that such
24    weight shall be subject to modification by the terms  of  any
25    collective  bargaining  agreement  in effect on the effective
26    date of this Act or thereafter by  negotiations  between  the
27    employer  and an exclusive bargaining representative.  If the
28    appointing authority establishes  a  minimum  passing  score,
29    such  score  shall  be  announced  prior  to  the date of the
30    promotion  process  and  it  must  be  an  aggregate  of  all
31    components of the testing process.  All candidates  shall  be
32    allowed  to  participate  in  all  components  of the testing
33    process irrespective of their score on any one component. The
 
                            -10-     LRB093 03926 LRD 15164 a
 1    provisions of this Section do not apply to  the  extent  that
 2    they  are inconsistent with provisions otherwise agreed to in
 3    a collective bargaining agreement.

 4        Section 35. Written examinations.
 5        (a)  The   appointing   authority   may   not   condition
 6    eligibility  to  take  the   written   examination   on   the
 7    candidate's  score  on  any of the previous components of the
 8    examination. The written examination for  a  particular  rank
 9    shall  consist  of  matters  relating to the duties regularly
10    performed by persons holding that rank within the department.
11    The examination shall  be  based  only  on  the  contents  of
12    written   materials   that   the   appointing  authority  has
13    identified and made readily available to potential  examinees
14    at  least 90 days before the examination is administered. The
15    test  questions  and  material  must  be  pertinent  to   the
16    particular rank for which the examination is being given. The
17    written   examination   shall   be   administered  after  the
18    determination and posting of the seniority list,  ascertained
19    merit  points,  and subjective evaluation scores. The written
20    examination shall be administered, the test materials opened,
21    and the results scored and tabulated.
22        (b)  Written  examinations  shall  be   graded   at   the
23    examination  site  on  the day of the examination immediately
24    upon completion of the test in front of the observers if such
25    observers are appointed under Section 25,  or  if  the  tests
26    are  graded  offsite  by  a  bona  fide  testing  agency, the
27    observers shall witness the sealing and the shipping  of  the
28    tests  for  grading  and the subsequent opening of the scores
29    upon the return from the testing agency. Every examinee shall
30    have the right  (i)  to  obtain  his  or  her  score  on  the
31    examination  on the day of the examination or upon the day of
32    its  return  from  the  testing  agency  (or  the  appointing
33    authority shall  require  the  testing  agency  to  mail  the
 
                            -11-     LRB093 03926 LRD 15164 a
 1    individual  scores to any address submitted by the candidates
 2    on the day of  the  examination);  and  (ii)  to  review  the
 3    answers  to  the  examination  that  the  examiners  consider
 4    correct.  The  appointing authority may hold a review session
 5    after the examination for the purpose of  gathering  feedback
 6    on the examination from the candidates.
 7        (c)  Sample  written  examinations may be examined by the
 8    appointing authority and members of the  department,  but  no
 9    person   in   the  department  or  the  appointing  authority
10    (including the Chief, Civil Service Commissioners,  Board  of
11    Fire  and  Police Commissioners, Board of Fire Commissioners,
12    or Fire Protection  District  Board  of  Trustees  and  other
13    appointed  or  elected  officials)  may  see  or  examine the
14    specific questions on the actual written  examination  before
15    the  examination is administered.  If a sample examination is
16    used, actual test questions shall not be included.  It  is  a
17    violation of this Act for any member of the department or the
18    appointing  authority  to  obtain or divulge foreknowledge of
19    the  contents  of  the  written  examination  before  it   is
20    administered.
21        (d)  Each  department  shall  maintain  reading and study
22    materials for its current written examination and the reading
23    list for the last 2 written examinations or for a period of 5
24    years, whichever is less,  for each rank and shall make these
25    materials available and accessible at each duty station.
26        (e)  The provisions of this Section do not apply  to  the
27    extent  that  they  are in conflict with provisions otherwise
28    agreed to in a collective bargaining agreement.

29        Section 40. Seniority points.
30        (a)  Seniority points shall be based  only  upon  service
31    with  the  affected  department and shall be calculated as of
32    the date of the  written  examination.  The  weight  of  this
33    component  and  its  computation  shall  be determined by the
 
                            -12-     LRB093 03926 LRD 15164 a
 1    appointing  authority  or  through  a  collective  bargaining
 2    agreement.
 3        (b)  A seniority list shall be posted before the  written
 4    examination  is  given  and  before the preliminary promotion
 5    list is  compiled.  The  seniority  list  shall  include  the
 6    seniority  date,  any  breaks in service, the total number of
 7    eligible years, and the number of seniority points.

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

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

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

32        Section 60. Right to review. Any affected person or party
 
                            -14-     LRB093 03926 LRD 15164 a
 1    who believes that an error has  been  made  with  respect  to
 2    eligibility  to  take  an  examination,  examination  result,
 3    placement  or  position  on  a  promotion  list, or veteran's
 4    preference shall be entitled to a review of the matter by the
 5    appointing authority or as otherwise provided by law.

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

17        Section 900.  The State Mandates Act is amended by adding
18    Section 8.27 as follows:

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

24        Section 999. Effective date.  This Act takes effect  upon
25    becoming law.".