Illinois General Assembly - Full Text of HB1195
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Full Text of HB1195  93rd General Assembly

HB1195sam003 93rd General Assembly


093_HB1195sam003











                                     LRB093 03926 LRD 15742 a

 1                    AMENDMENT TO HOUSE BILL 1195

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

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

 7        Section 5. Definitions. In this Act:
 8        "Affected  department"  or "department" means a full-time
 9    municipal fire department that is  subject  to  a  collective
10    bargaining  agreement  or  the  fire department operated by a
11    full-time fire protection district. 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 15742 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, 2002; (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  excepted  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, 2002,
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 15742 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        "Rank"  means any position within the chain of command of
10    a fire department to which employees are  regularly  assigned
11    to perform duties related to providing fire suppression, fire
12    prevention, or emergency services.
13        "Final  adjusted promotion list" means the promotion list
14    for the position that is in effect on the date  the  position
15    is  created  or  the  vacancy  occurs.   If there is no final
16    adjusted promotion list in effect for that position  on  that
17    date,  or  if  all  persons  on  the  current  final adjusted
18    promotion list for that position refuse  the  promotion,  the
19    affected  department  shall  not  make  a permanent promotion
20    until a new final adjusted promotion list has  been  prepared
21    in  accordance  with  this  Act,  but  may  make  a temporary
22    appointment to fill the vacancy. Temporary appointments shall
23    not exceed 180 days.
24        Each component of the promotional test shall be scored on
25    a scale of 100 points.  The component scores  shall  then  be
26    reduced  by the weighting factor assigned to the component on
27    the test and the scores of all components shall be  added  to
28    produce a total score based on a scale of 100 points.

29        Section 10.  Applicability.
30        (a)  This Act shall apply to all positions in an affected
31    department, except those specifically excluded in  items (i),
32    (ii),  (iii),  (iv), and (v) of the definition of "promotion"
33    in  Section  5  unless  such  positions  are  covered  by   a
 
                            -4-      LRB093 03926 LRD 15742 a
 1    collective  bargaining  agreement  in  force on the effective
 2    date of this Act.  Existing promotion lists shall continue to
 3    be valid until their expiration dates, or up to a maximum  of
 4    3 years after the effective date of this Act.
 5        (b)  Notwithstanding  any  statute,  ordinance,  rule, or
 6    other laws to the contrary, all  promotions  in  an  affected
 7    department to which this Act applies shall be administered in
 8    the  manner  provided  for  in  this  Act.  Provisions of the
 9    Illinois Municipal Code, the Fire  Protection  District  Act,
10    municipal  ordinances,  or  rules  adopted  pursuant  to such
11    authority and other laws relating to promotions  in  affected
12    departments  shall  continue  to apply to the extent they are
13    compatible with this  Act,  but  in  the  event  of  conflict
14    between this Act and any other law, this Act shall control.
15        (c)  A  home  rule  or non-home rule municipality may not
16    administer its fire department promotion process in a  manner
17    that  is  inconsistent  with  this  Act.    This Section is a
18    limitation under subsection (i) of Section 6 of  Article  VII
19    of  the  Illinois  Constitution on the concurrent exercise by
20    home rule units of the powers and functions exercised by  the
21    State.
22        (d)  This  Act is intended to serve as a minimum standard
23    and shall be construed to authorize and not to limit:
24             (1)  An  appointing  authority   from   establishing
25        different   or   supplemental   promotional  criteria  or
26        components, provided that the  criteria  are  job-related
27        and applied uniformly.
28             (2)  The negotiation by an employer and an exclusive
29        bargaining  representative of clauses within a collective
30        bargaining agreement relating to conditions, criteria, or
31        procedures for the promotion of employees who are members
32        of bargaining units.
33             (3)  The negotiation by an employer and an exclusive
34        bargaining  representative   of   provisions   within   a
 
                            -5-      LRB093 03926 LRD 15742 a
 1        collective  bargaining  agreement  to achieve affirmative
 2        action  objectives,  provided  that  such   clauses   are
 3        consistent with applicable law.
 4        (e)  Local  authorities  and  exclusive bargaining agents
 5    affected by this Act may agree to waive one or  more  of  its
 6    provisions  and  bargain on the contents of those provisions,
 7    provided that any such waivers shall be considered permissive
 8    subjects of bargaining.

 9        Section 15. Promotion process.
10        (a)  For the purpose of granting promotion to any rank to
11    which this Act applies, the appointing authority  shall  from
12    time to time, as necessary, administer a promotion process in
13    accordance with this Act.
14        (b)  Eligibility   requirements  to  participate  in  the
15    promotional process may include a minimum requirement  as  to
16    the   length   of   employment,   education,   training,  and
17    certification  in  subjects  and  skills  related   to   fire
18    fighting.  After  the  effective  date  of this Act, any such
19    eligibility requirements shall be published at least one year
20    prior to the date of the beginning of the promotional process
21    and all members of the affected department shall be given  an
22    equal opportunity to meet those eligibility requirements.
23        (c)  All  aspects  of  the  promotion  process  shall  be
24    equally   accessible   to   all  eligible  employees  of  the
25    department. Every component of  the  testing  and  evaluation
26    procedures shall be published to all eligible candidates when
27    the  announcement  of promotional testing is made. The scores
28    for each component of the testing and  evaluation  procedures
29    shall  be  disclosed to each candidate as soon as practicable
30    after the component is completed.
31        (d)  The appointing authority shall  provide  a  separate
32    promotional  examination  for  each  rank  that  is filled by
33    promotion.   All  examinations   for   promotion   shall   be
 
                            -6-      LRB093 03926 LRD 15742 a
 1    competitive among the members of the next lower rank who meet
 2    the established eligibility requirements and desire to submit
 3    themselves  to  examination.   The  appointing  authority may
 4    employ  consultants  to  design  and   administer   promotion
 5    examinations  or  may  adopt  any job-related examinations or
 6    study materials that may become available, so  long  as  they
 7    comply with the requirements of this Act.

 8        Section 20. Promotion lists.
 9        (a)  For  the purpose of granting a promotion to any rank
10    to which this Act applies,  the  appointing  authority  shall
11    from  time  to  time,  as  necessary,  prepare  a preliminary
12    promotion list in accordance with this Act.  The  preliminary
13    promotion  list  shall  be  distributed, posted, or otherwise
14    made conveniently available by the  appointing  authority  to
15    all members of the department.
16        (b)  A  person's  position  on  the preliminary promotion
17    list shall be determined by a combination  of  factors  which
18    may  include any of the following:  (i) the person's score on
19    the  written  examination  for  that  rank,   determined   in
20    accordance  with  Section  35;  (ii)  the  person's seniority
21    within the department, determined in accordance with  Section
22    40;  (iii)  the  person's  ascertained  merit,  determined in
23    accordance with Section 45; and (iv) the  person's  score  on
24    the  subjective  evaluation,  determined  in  accordance with
25    Section 50. Candidates shall be ranked on the  list  in  rank
26    order  based on the highest to the lowest total points scored
27    on all of the components of the test. Promotional components,
28    as defined herein, shall be determined  and  administered  in
29    accordance  with  the  referenced  Section,  unless otherwise
30    modified or agreed to as provided by paragraph (1) or (2)  of
31    subsection  (e) of Section 10.  The use of physical criteria,
32    including  but  not  limited  to  fitness  testing,   agility
33    testing, and medical evaluations, is specifically barred from
 
                            -7-      LRB093 03926 LRD 15742 a
 1    the promotion process.
 2        (c)  A  person  on  the preliminary promotion list who is
 3    eligible for  a  veteran's  preference  under  the  laws  and
 4    agreements  applicable  to  the department may file a written
 5    application for that preference  within  10  days  after  the
 6    initial  posting  of  the  preliminary  promotion  list.  The
 7    preference shall be calculated as provided under  Section  55
 8    and added to the total score achieved by the candidate on the
 9    test.   The  appointing authority shall then make adjustments
10    to the rank order of the preliminary promotion list based  on
11    any   veteran's  preferences  awarded.   The  final  adjusted
12    promotion  list  shall  then  be  distributed,   posted,   or
13    otherwise  made  conveniently  available  by  the  appointing
14    authority to all members of the department.
15        (d)  Whenever  a  promotional  rank is created or becomes
16    vacant due to resignation, discharge,  promotion,  death,  or
17    the  granting  of  a disability or retirement pension, or any
18    other cause, the appointing authority shall appoint  to  that
19    position  the  person  with  the highest ranking on the final
20    promotion list for that  rank,  except  that  the  appointing
21    authority  shall  have the right to pass over that person and
22    appoint the next highest ranked person on  the  list  if  the
23    appointing  authority has reason to conclude that the highest
24    ranking person has demonstrated substantial  shortcomings  in
25    work  performance  or has engaged in misconduct affecting the
26    person's ability to perform the duties of the  promoted  rank
27    since  the  posting  of  the  promotion list.  If the highest
28    ranking person is passed over, the appointing authority shall
29    document its reasons for its  decision  to  select  the  next
30    highest  ranking  person on the list.  Unless the reasons for
31    passing over the highest ranking person are not remedial,  no
32    person  who  is the highest ranking person on the list at the
33    time of the vacancy shall be passed over more than once.  Any
34    dispute  as  to  the  selection  of  the  first   or   second
 
                            -8-      LRB093 03926 LRD 15742 a
 1    highest-ranking  person  shall  be  subject  to resolution in
 2    accordance with any grievance procedure  in  effect  covering
 3    the employee.
 4        A  vacancy  shall be deemed to occur in a position on the
 5    date upon which the position is vacated,  and  on  that  same
 6    date,  a  vacancy  shall  occur in all ranks inferior to that
 7    rank, provided that the position or positions continue to  be
 8    funded  and  authorized  by  the  corporate authorities. If a
 9    vacated position is not filled due to a lack  of  funding  or
10    authorization  and  is  subsequently  reinstated,  the  final
11    promotion  list  shall  be  continued  in  effect  until  all
12    positions  vacated  have  been filled or for a period up to 5
13    years beginning from the  date  on  which  the  position  was
14    vacated.   In  such  event,  the  candidate or candidates who
15    would  have  otherwise  been   promoted  when   the   vacancy
16    originally occurred shall be promoted.
17        Any  candidate may refuse a promotion once without losing
18    his or her position on the  final  adjusted  promotion  list.
19    Any  candidate  who  refuses promotion a second time shall be
20    removed from the final adjusted promotion list, provided that
21    such action shall not prejudice a person's  opportunities  to
22    participate in future promotion examinations.
23        (e)  A  final  adjusted promotion list shall remain valid
24    and unaltered for a period of not less than 2 nor more than 3
25    years after the date  of  the  initial  posting.   Integrated
26    lists  are  prohibited  and  when  a list expires it shall be
27    void, except as provided in subsection (d) of  this  Section.
28    If a promotion list is not in effect,  a successor list shall
29    be  prepared and distributed within 180 days after a vacancy,
30    as defined in subsection (d) of this Section.
31        (f)  This Section 20 does not apply to the initial hiring
32    list.

33        Section 25. Monitoring.
 
                            -9-      LRB093 03926 LRD 15742 a
 1        (a)  All aspects  of  the  promotion  process,  including
 2    without  limitation  the administration, scoring, and posting
 3    of  scores  for  the  written  examination   and   subjective
 4    evaluation and the determination and posting of seniority and
 5    ascertained  merit scores, shall be subject to monitoring and
 6    review in accordance with this Section and  Sections  30  and
 7    50.
 8        (b)  Two  impartial  persons  who  are not members of the
 9    affected department shall be selected to act as observers  by
10    the  exclusive  bargaining agent.  The appointing authorities
11    may also select 2 additional impartial observers.
12        (c)  The observers monitoring the promotion  process  are
13    authorized  to  be  present and observe when any component of
14    the test is  administered  or  scored.  Except  as  otherwise
15    agreed to in a collective bargaining agreement, observers may
16    not  interfere with the promotion process, but shall promptly
17    report  any  observed   or   suspected   violation   of   the
18    requirements   of   this  Act  or  an  applicable  collective
19    bargaining agreement to  the  appointing  authority  and  all
20    other affected parties.

21        Section  30.  Promotion examination components. Promotion
22    examinations that include components  consisting  of  written
23    examinations,   seniority   points,   ascertained  merit,  or
24    subjective evaluations shall be administered as  provided  in
25    Sections  35,  40,  45  and  50.  The weight, if any, that is
26    given to any component included in a test may be set  at  the
27    discretion  of  the  appointing  authority provided that such
28    weight shall be subject to modification by the terms  of  any
29    collective  bargaining  agreement  in effect on the effective
30    date of this Act or thereafter by  negotiations  between  the
31    employer  and an exclusive bargaining representative.  If the
32    appointing authority establishes  a  minimum  passing  score,
33    such  score  shall  be  announced  prior  to  the date of the
 
                            -10-     LRB093 03926 LRD 15742 a
 1    promotion  process  and  it  must  be  an  aggregate  of  all
 2    components of the testing process.  All candidates  shall  be
 3    allowed  to  participate  in  all  components  of the testing
 4    process irrespective of their score on any one component.

 5        Section 35. Written examinations.
 6        (a)  The   appointing   authority   may   not   condition
 7    eligibility  to  take  the   written   examination   on   the
 8    candidate's  score  on  any of the previous components of the
 9    examination. The written examination for  a  particular  rank
10    shall  consist  of  matters  relating to the duties regularly
11    performed by persons holding that rank within the department.
12    The examination shall  be  based  only  on  the  contents  of
13    written   materials   that   the   appointing  authority  has
14    identified and made readily available to potential  examinees
15    at  least 90 days before the examination is administered. The
16    test  questions  and  material  must  be  pertinent  to   the
17    particular rank for which the examination is being given. The
18    written   examination   shall   be   administered  after  the
19    determination and posting of the seniority list,  ascertained
20    merit  points,  and subjective evaluation scores. The written
21    examination shall be administered, the test materials opened,
22    and the results scored and tabulated.
23        (b)  Written  examinations  shall  be   graded   at   the
24    examination  site  on  the day of the examination immediately
25    upon completion of the test in front of the observers if such
26    observers are appointed under Section 25,  or  if  the  tests
27    are  graded  offsite  by  a  bona  fide  testing  agency, the
28    observers shall witness the sealing and the shipping  of  the
29    tests  for  grading  and the subsequent opening of the scores
30    upon the return from the testing agency. Every examinee shall
31    have the right  (i)  to  obtain  his  or  her  score  on  the
32    examination  on the day of the examination or upon the day of
33    its  return  from  the  testing  agency  (or  the  appointing
 
                            -11-     LRB093 03926 LRD 15742 a
 1    authority shall  require  the  testing  agency  to  mail  the
 2    individual  scores to any address submitted by the candidates
 3    on the day of  the  examination);  and  (ii)  to  review  the
 4    answers  to  the  examination  that  the  examiners  consider
 5    correct.  The  appointing authority may hold a review session
 6    after the examination for the purpose of  gathering  feedback
 7    on the examination from the candidates.
 8        (c)  Sample  written  examinations may be examined by the
 9    appointing authority and members of the  department,  but  no
10    person   in   the  department  or  the  appointing  authority
11    (including the Chief, Civil Service Commissioners,  Board  of
12    Fire  and  Police Commissioners, Board of Fire Commissioners,
13    or Fire Protection  District  Board  of  Trustees  and  other
14    appointed  or  elected  officials)  may  see  or  examine the
15    specific questions on the actual written  examination  before
16    the  examination is administered.  If a sample examination is
17    used, actual test questions shall not be included.  It  is  a
18    violation of this Act for any member of the department or the
19    appointing  authority  to  obtain or divulge foreknowledge of
20    the  contents  of  the  written  examination  before  it   is
21    administered.
22        (d)  Each  department  shall  maintain  reading and study
23    materials for its current written examination and the reading
24    list for the last 2 written examinations or for a period of 5
25    years, whichever is less,  for each rank and shall make these
26    materials available and accessible at each duty station.

27        Section 40. Seniority points.
28        (a)  Seniority points shall be based  only  upon  service
29    with  the  affected  department and shall be calculated as of
30    the date of the  written  examination.  The  weight  of  this
31    component  and  its  computation  shall  be determined by the
32    appointing  authority  or  through  a  collective  bargaining
33    agreement.
 
                            -12-     LRB093 03926 LRD 15742 a
 1        (b)  A seniority list shall be posted before the  written
 2    examination  is  given  and  before the preliminary promotion
 3    list is  compiled.  The  seniority  list  shall  include  the
 4    seniority  date,  any  breaks in service, the total number of
 5    eligible years, and the number of seniority points.

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

20        Section 50. Subjective evaluation.
21        (a)  A  promotion  test may include subjective evaluation
22    components.  Subjective  evaluations  may  include  an   oral
23    interview,  tactical  evaluation,  performance evaluation, or
24    other  component  based  on  subjective  evaluation  of   the
25    examinee.   The  methods  used for subjective evaluations may
26    include using any  employee  assessment  centers,  evaluation
27    systems, chief's points, or other methods.
28        (b)  Any  subjective component shall be identified to all
29    candidates prior to its application,  be job-related, and  be
30    applied  uniformly  to  all candidates.  Every examinee shall
31    have the right to documentation of his or her  score  on  the
32    subjective  component  upon  the completion of the subjective
 
                            -13-     LRB093 03926 LRD 15742 a
 1    examination component or its application.
 2        (c)  Where chief's points or other subjective methods are
 3    employed that are not amenable to monitoring, monitors  shall
 4    not  be  required, but any disputes as to the results of such
 5    methods shall be subject to resolution in accordance with any
 6    collectively bargained grievance procedure in effect  at  the
 7    time of the test.
 8        (d)  Where  performance  evaluations  are used as a basis
 9    for promotions, they shall be given annually and made readily
10    available to each candidate for review and they shall include
11    any disagreement or documentation the  employee  provides  to
12    refute  or  contest the evaluation.  These annual evaluations
13    are not subject to  grievance  procedures,  unless  used  for
14    points in the promotion process.
15        (e)  Total points awarded for subjective components shall
16    be  posted before the written examination is administered and
17    before the promotion list is compiled.

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

31        Section 60. Right to review. Any affected person or party
32    who  believes  that  an  error  has been made with respect to
 
                            -14-     LRB093 03926 LRD 15742 a
 1    eligibility  to  take  an  examination,  examination  result,
 2    placement or position  on  a  promotion  list,  or  veteran's
 3    preference shall be entitled to a review of the matter by the
 4    appointing authority or as otherwise provided by law.

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

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

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

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