(65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
Sec. 10-1-7. Examination of applicants; disqualifications.
(a) All applicants for offices or places in the classified service, except
those mentioned in Section 10-1-17, are subject to examination. The
examination shall be public, competitive, and open to all citizens of the
United States, with specified limitations as to residence, age, health, habits,
and moral character. An individual who is not a citizen but is legally authorized to work
in the United States under federal law or is an individual against whom immigration action has been deferred by the U.S. Citizenship and Immigration Services under the federal Deferred Action for Childhood Arrivals (DACA) process is authorized to apply for the position of police officer, subject to (i) all requirements and limitations, other than citizenship, to which other applicants are subject and (ii) the individual being authorized under federal law to obtain, carry, or purchase or otherwise possess a firearm.
(b) Residency requirements in effect at the time an individual enters the
fire or police service of a municipality (other than a municipality that
has more than 1,000,000 inhabitants) cannot be made more restrictive
for that individual during his or her period of service for that municipality,
or be made a condition of promotion, except for the rank or position of Fire or
Police Chief.
(c) No person with a record of misdemeanor convictions except
those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1), (6), and
(8) of subsection (a) of Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012 or arrested for any cause but
not convicted on that cause shall be disqualified from taking the examination
on grounds of habits or moral character, unless the person is attempting to
qualify for a position on the police department, in which case the conviction
or arrest may be considered as a factor in determining the person's habits or
moral character.
(d) Persons entitled to military preference under Section 10-1-16
shall not be subject to limitations specifying age unless they are
applicants for a position as a fireman or a policeman having no previous
employment status as a fireman or policeman in the regularly constituted
fire or police department of the municipality, in which case they must not
have attained their 35th birthday, except any person who has served as an
auxiliary police officer under Section 3.1-30-20 for at least 5 years and is
under 40 years of age.
(e) All employees of a municipality of less than 500,000 population (except
those who would be excluded from the classified service as provided in this
Division 1) who are holding that employment as of the date a municipality
adopts this Division 1, or as of July 17, 1959, whichever date is the later,
and who have held that employment for at least 2 years immediately before that
later date, and all firemen and policemen regardless of length of service who
were either appointed to their respective positions by the board of fire and
police commissioners under the provisions of Division 2 of this Article or who
are serving in a position (except as a temporary employee) in the fire or
police department in the municipality on the date a municipality adopts
this Division 1, or as of July 17, 1959, whichever date is the later, shall
become members of the classified civil service of the municipality
without examination.
(f) The examinations shall be practical in their character, and shall
relate to those matters that will fairly test the relative capacity of the
persons examined to discharge the duties of the positions to which they
seek to be appointed. The examinations shall include tests of physical
qualifications, health, and (when appropriate) manual skill. If an applicant
is unable to pass the physical examination solely as the result of an injury
received by the applicant as the result of the performance of an act of duty
while working as a temporary employee in the position for which he or she is
being examined, however, the physical examination shall be waived and the
applicant shall be considered to have passed the examination. No questions in
any examination shall relate to political or religious opinions or
affiliations. Results of examinations and the eligible registers prepared from
the results shall be published by the commission within 60 days after any
examinations are held.
(g) The commission shall control all examinations, and may, whenever an
examination is to take place, designate a suitable number of persons,
either in or not in the official service of the municipality, to be
examiners. The examiners shall conduct the examinations as directed by the
commission and shall make a return or report of the examinations to the
commission. If the appointed examiners are in the official service of the
municipality, the examiners shall not receive extra compensation for conducting
the examinations unless the examiners are subject to a collective bargaining agreement with the municipality. The commission may at any time substitute any other person,
whether or not in the service of the municipality, in the place of any one
selected as an examiner. The commission members may themselves at any time act
as examiners without appointing examiners. The examiners at any examination
shall not all be members of the same political party.
(h) In municipalities of 500,000 or more population, no person who has
attained his or her 35th birthday shall be eligible to take an examination for
a position as a fireman or a policeman unless the person has had previous
employment status as a policeman or fireman in the regularly constituted police
or fire department of the municipality, except as provided in this Section.
(i) In municipalities of more than 5,000 but not more than 200,000
inhabitants, no person who has attained his or her 35th birthday shall be
eligible to take an examination for a position as a fireman or a policeman
unless the person has had previous employment status as a policeman or fireman
in the regularly constituted police or fire department of the municipality,
except as provided in this Section.
(j) In all municipalities, applicants who are 20 years of age and who have
successfully completed 2 years of law enforcement studies at an accredited
college or university may be considered for appointment to active duty with
the police department. An applicant described in this subsection (j) who is
appointed to active duty shall not have power of arrest, nor shall the
applicant be permitted to carry firearms, until he or she reaches 21 years of
age.
(k) In municipalities of more than 500,000 population, applications for
examination for and appointment to positions as firefighters or police
shall be made available at various branches of the public library of the
municipality.
(l) No municipality having a population less than 1,000,000 shall require
that any fireman appointed to the lowest rank serve a probationary employment
period of longer than one year. The limitation on periods of probationary
employment provided in Public Act 86-990 is an exclusive power and
function of the State. Pursuant to subsection (h) of Section 6 of Article VII
of the Illinois Constitution, a home rule municipality having a population less
than 1,000,000 must comply with this limitation on periods of probationary
employment, which is a denial and limitation of home rule powers.
Notwithstanding anything to the contrary in this Section, the probationary
employment period limitation may be extended for a firefighter who is required, as a condition of employment, to be a licensed paramedic, during which time the sole reason that a firefighter may be discharged without a hearing is for failing to meet the requirements for paramedic licensure.
(m) To the extent that this Section or any other Section in this Division conflicts with Section 10-1-7.1 or 10-1-7.2, then Section 10-1-7.1 or 10-1-7.2 shall control. (Source: P.A. 102-813, eff. 5-13-22; 103-357, eff. 1-1-24 .)
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(65 ILCS 5/10-1-7.1) Sec. 10-1-7.1. Original appointments; full-time fire department. (a) Applicability. Unless a commission elects to follow the provisions of Section 10-1-7.2, this Section shall apply to all original appointments to an affected full-time fire department. Existing registers of eligibles shall continue to be valid until their expiration dates, or up to a maximum of 2 years after August 4, 2011 (the effective date of Public Act 97-251). Notwithstanding any statute, ordinance, rule, or other law to the contrary, all original appointments to an affected department to which this Section applies shall be administered in the manner provided for in this Section. Provisions of the Illinois Municipal Code, municipal ordinances, and rules adopted pursuant to such authority and other laws relating to initial hiring of firefighters in affected departments shall continue to apply to the extent they are compatible with this Section, but in the event of a conflict between this Section and any other law, this Section shall control. A home rule or non-home rule municipality may not administer its fire department process for original appointments in a manner that is less stringent than this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of the powers and functions exercised by the State. A municipality that is operating under a court order or consent decree regarding original appointments to a full-time fire department before August 4, 2011 (the effective date of Public Act 97-251) is exempt from the requirements of this Section for the duration of the court order or consent decree. Notwithstanding any other provision of this subsection (a), this Section does not apply to a municipality with more than 1,000,000 inhabitants. (b) Original appointments. All original appointments made to an affected fire department shall be made from a register of eligibles established in accordance with the processes established by this Section. Only persons who meet or exceed the performance standards required by this Section shall be placed on a register of eligibles for original appointment to an affected fire department. Whenever an appointing authority authorizes action to hire a person to perform the duties of a firefighter or to hire a firefighter-paramedic to fill a position that is a new position or vacancy due to resignation, discharge, promotion, death, the granting of a disability or retirement pension, or any other cause, the appointing authority shall appoint to that position the person with the highest ranking on the final eligibility list. If the appointing authority has reason to conclude that the highest ranked person fails to meet the minimum standards for the position or if the appointing authority believes an alternate candidate would better serve the needs of the department, then the appointing authority has the right to pass over the highest ranked person and appoint either: (i) any person who has a ranking in the top 5% of the register of eligibles or (ii) any person who is among the top 5 highest ranked persons on the list of eligibles if the number of people who have a ranking in the top 5% of the register of eligibles is less than 5 people. Any candidate may pass on an appointment once without losing his or her position on the register of eligibles. Any candidate who passes a second time may be removed from the list by the appointing authority provided that such action shall not prejudice a person's opportunities to participate in future examinations, including an examination held during the time a candidate is already on the municipality's register of eligibles. The sole authority to issue certificates of appointment shall be vested in the Civil Service Commission. All certificates of appointment issued to any officer or member of an affected department shall be signed by the chairperson and secretary, respectively, of the commission upon appointment of such officer or member to the affected department by the commission. After being selected from the register of eligibles to fill a vacancy in the affected department, each appointee shall be presented with his or her certificate of appointment on the day on which he or she is sworn in as a classified member of the affected department. Firefighters who were not issued a certificate of appointment when originally appointed shall be provided with a certificate within 10 days after making a written request to the chairperson of the Civil Service Commission. Each person who accepts a certificate of appointment and successfully completes his or her probationary period shall be enrolled as a firefighter and as a regular member of the fire department. For the purposes of this Section, "firefighter" means any person who has been prior to, on, or after August 4, 2011 (the effective date of Public Act 97-251) appointed to a fire department or fire protection district or employed by a State university and sworn or commissioned to perform firefighter duties or paramedic duties, or both, except that the following persons are not included: part-time firefighters; auxiliary, reserve, or voluntary firefighters, including paid-on-call firefighters; clerks and dispatchers or other civilian employees of a fire department or fire protection district who are not routinely expected to perform firefighter duties; and elected officials. (c) Qualification for placement on register of eligibles. The purpose of establishing a register of eligibles is to identify applicants who possess and demonstrate the mental aptitude and physical ability to perform the duties required of members of the fire department in order to provide the highest quality of service to the public. To this end, all applicants for original appointment to an affected fire department shall be subject to examination and testing which shall be public, competitive, and open to all applicants unless the municipality shall by ordinance limit applicants to residents of the municipality, county or counties in which the municipality is located, State, or nation. Any examination and testing procedure utilized under subsection (e) of this Section shall be supported by appropriate validation evidence and shall comply with all applicable State and federal laws. Municipalities may establish educational, emergency medical service licensure, and other prerequisites for participation in an examination or for hire as a firefighter. Any municipality may charge a fee to cover the costs of the application process. Residency requirements in effect at the time an individual enters the fire service of a municipality cannot be made more restrictive for that individual during his or her period of service for that municipality, or be made a condition of promotion, except for the rank or position of fire chief and for no more than 2 positions that rank immediately below that of the chief rank which are appointed positions pursuant to the Fire Department Promotion Act. No person who is 35 years of age or older shall be eligible to take an examination for a position as a firefighter unless the person has had previous employment status as a firefighter in the regularly constituted fire department of the municipality, except as provided in this Section. The age limitation does not apply to: (1) any person previously employed as a full-time |
| firefighter in a regularly constituted fire department of (i) any municipality or fire protection district located in Illinois, (ii) a fire protection district whose obligations were assumed by a municipality under Section 21 of the Fire Protection District Act, or (iii) a municipality whose obligations were taken over by a fire protection district,
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(2) any person who has served a municipality as a
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| regularly enrolled volunteer, paid-on-call, or part-time firefighter, or
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(3) any person who turned 35 while serving as a
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| member of the active or reserve components of any of the branches of the Armed Forces of the United States or the National Guard of any state, whose service was characterized as honorable or under honorable, if separated from the military, and is currently under the age of 40.
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No person who is under 21 years of age shall be eligible for employment as a firefighter.
No applicant shall be examined concerning his or her political or religious opinions or affiliations. The examinations shall be conducted by the commissioners of the municipality or their designees and agents.
No municipality shall require that any firefighter appointed to the lowest rank serve a probationary employment period of longer than one year of actual active employment, which may exclude periods of training, or injury or illness leaves, including duty related leave, in excess of 30 calendar days. Notwithstanding anything to the contrary in this Section, the probationary employment period limitation may be extended for a firefighter who is required, as a condition of employment, to be a licensed paramedic, during which time the sole reason that a firefighter may be discharged without a hearing is for failing to meet the requirements for paramedic licensure.
In the event that any applicant who has been found eligible for appointment and whose name has been placed upon the final eligibility register provided for in this Division 1 has not been appointed to a firefighter position within one year after the date of his or her physical ability examination, the commission may cause a second examination to be made of that applicant's physical ability prior to his or her appointment. If, after the second examination, the physical ability of the applicant shall be found to be less than the minimum standard fixed by the rules of the commission, the applicant shall not be appointed. The applicant's name may be retained upon the register of candidates eligible for appointment and when next reached for certification and appointment that applicant may be again examined as provided in this Section, and if the physical ability of that applicant is found to be less than the minimum standard fixed by the rules of the commission, the applicant shall not be appointed, and the name of the applicant shall be removed from the register.
(d) Notice, examination, and testing components. Notice of the time, place, general scope, merit criteria for any subjective component, and fee of every examination shall be given by the commission, by a publication at least 2 weeks preceding the examination: (i) in one or more newspapers published in the municipality, or if no newspaper is published therein, then in one or more newspapers with a general circulation within the municipality, or (ii) on the municipality's Internet website. Additional notice of the examination may be given as the commission shall prescribe.
The examination and qualifying standards for employment of firefighters shall be based on: mental aptitude, physical ability, preferences, moral character, and health. The mental aptitude, physical ability, and preference components shall determine an applicant's qualification for and placement on the final register of eligibles. The examination may also include a subjective component based on merit criteria as determined by the commission. Scores from the examination must be made available to the public.
(e) Mental aptitude. No person who does not possess at least a high school diploma or an equivalent high school education shall be placed on a register of eligibles. Examination of an applicant's mental aptitude shall be based upon a written examination. The examination shall be practical in character and relate to those matters that fairly test the capacity of the persons examined to discharge the duties performed by members of a fire department. Written examinations shall be administered in a manner that ensures the security and accuracy of the scores achieved.
(f) Physical ability. All candidates shall be required to undergo an examination of their physical ability to perform the essential functions included in the duties they may be called upon to perform as a member of a fire department. For the purposes of this Section, essential functions of the job are functions associated with duties that a firefighter may be called upon to perform in response to emergency calls. The frequency of the occurrence of those duties as part of the fire department's regular routine shall not be a controlling factor in the design of examination criteria or evolutions selected for testing. These physical examinations shall be open, competitive, and based on industry standards designed to test each applicant's physical abilities in the following dimensions:
(1) Muscular strength to perform tasks and evolutions
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| that may be required in the performance of duties including grip strength, leg strength, and arm strength. Tests shall be conducted under anaerobic as well as aerobic conditions to test both the candidate's speed and endurance in performing tasks and evolutions. Tasks tested may be based on standards developed, or approved, by the local appointing authority.
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(2) The ability to climb ladders, operate from
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| heights, walk or crawl in the dark along narrow and uneven surfaces, and operate in proximity to hazardous environments.
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(3) The ability to carry out critical,
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| time-sensitive, and complex problem solving during physical exertion in stressful and hazardous environments. The testing environment may be hot and dark with tightly enclosed spaces, flashing lights, sirens, and other distractions.
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The tests utilized to measure each applicant's
capabilities in each of these dimensions may be tests based on
industry standards currently in use or equivalent tests approved by the Joint Labor-Management Committee of the Office of the State Fire Marshal.
Physical ability examinations administered under this Section shall be conducted with a reasonable number of proctors and monitors, open to the public, and subject to reasonable regulations of the commission.
(g) Scoring of examination components. Appointing authorities may create a preliminary eligibility register. A person shall be placed on the list based upon his or her passage of the written examination or the passage of the written examination and the physical ability component. Passage of the written examination means attaining the minimum score set by the commission. Minimum scores should be set by the commission so as to demonstrate a candidate's ability to perform the essential functions of the job. The minimum score set by the commission shall be supported by appropriate validation evidence and shall comply with all applicable State and federal laws. The appointing authority may conduct the physical ability component and any subjective components subsequent to the posting of the preliminary eligibility register.
The examination components for an initial eligibility register shall be graded on a 100-point scale. A person's position on the list shall be determined by the following: (i)
the person's score on the written examination, (ii) the person
successfully passing the physical ability component, and (iii) the
person's results on any subjective component as described in
subsection (d).
In order to qualify for placement on the final eligibility register, an applicant's score on the written examination, before any applicable preference points or subjective points are applied, shall be at or above the minimum score set by the commission. The local appointing authority may prescribe the score to qualify for placement on the final eligibility register, but the score shall not be less than the minimum score set by the commission.
The commission shall prepare and keep a register of persons whose total score is not less than the minimum score for passage and who have passed the physical ability examination. These persons shall take rank upon the register as candidates in the order of their relative excellence based on the highest to the lowest total points scored on the mental aptitude, subjective component, and preference components of the test administered in accordance with this Section. No more than 60 days after each examination, an initial eligibility list shall be posted by the commission. The list shall include the final grades of the candidates without reference to priority of the time of examination and subject to claim for preference credit.
Commissions may conduct additional examinations, including without limitation a polygraph test, after a final eligibility register is established and before it expires with the candidates ranked by total score without regard to date of examination. No more than 60 days after each examination, an initial eligibility list shall be posted by the commission showing the final grades of the candidates without reference to priority of time of examination and subject to claim for preference credit.
(h) Preferences. The following are preferences:
(1) Veteran preference. Persons who were engaged in
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| the military service of the United States for a period of at least one year of active duty and who were honorably discharged therefrom, or who are now or have been members on inactive or reserve duty in such military or naval service, shall be preferred for appointment to and employment with the fire department of an affected department.
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(2) Fire cadet preference. Persons who have
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| successfully completed 2 years of study in fire techniques or cadet training within a cadet program established under the rules of the Joint Labor and Management Committee (JLMC), as defined in Section 50 of the Fire Department Promotion Act, may be preferred for appointment to and employment with the fire department.
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(3) Educational preference. Persons who have
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| successfully obtained an associate's degree in the field of fire service or emergency medical services, or a bachelor's degree from an accredited college or university may be preferred for appointment to and employment with the fire department.
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(4) Paramedic preference. Persons who have obtained
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| a license as a paramedic may be preferred for appointment to and employment with the fire department of an affected department providing emergency medical services.
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(5) Experience preference. All persons employed by a
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| municipality who have been paid-on-call or part-time certified Firefighter II, certified Firefighter III, State of Illinois or nationally licensed EMT, EMT-I, A-EMT, or paramedic, or any combination of those capacities may be awarded up to a maximum of 5 points. However, the applicant may not be awarded more than 0.5 points for each complete year of paid-on-call or part-time service. Applicants from outside the municipality who were employed as full-time firefighters or firefighter-paramedics by a fire protection district or another municipality may be awarded up to 5 experience preference points. However, the applicant may not be awarded more than one point for each complete year of full-time service.
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Upon request by the commission, the governing body of
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| the municipality or in the case of applicants from outside the municipality the governing body of any fire protection district or any other municipality shall certify to the commission, within 10 days after the request, the number of years of successful paid-on-call, part-time, or full-time service of any person. A candidate may not receive the full amount of preference points under this subsection if the amount of points awarded would place the candidate before a veteran on the eligibility list. If more than one candidate receiving experience preference points is prevented from receiving all of their points due to not being allowed to pass a veteran, the candidates shall be placed on the list below the veteran in rank order based on the totals received if all points under this subsection were to be awarded. Any remaining ties on the list shall be determined by lot.
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(6) Residency preference. Applicants whose principal
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| residence is located within the fire department's jurisdiction may be preferred for appointment to and employment with the fire department.
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(7) Additional preferences. Up to 5 additional
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| preference points may be awarded for unique categories based on an applicant's experience or background as identified by the commission.
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(7.5) Apprentice preferences. A person who has
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| performed fire suppression service for a department as a firefighter apprentice and otherwise meets the qualifications for original appointment as a firefighter specified in this Section may be awarded up to 20 preference points. To qualify for preference points, an applicant shall have completed a minimum of 600 hours of fire suppression work on a regular shift for the affected fire department over a 12-month period. The fire suppression work must be in accordance with Section 10-1-14 of this Division and the terms established by a Joint Apprenticeship Committee included in a collective bargaining agreement agreed between the employer and its certified bargaining agent. An eligible applicant must apply to the Joint Apprenticeship Committee for preference points under this item. The Joint Apprenticeship Committee shall evaluate the merit of the applicant's performance, determine the preference points to be awarded, and certify the amount of points awarded to the commissioners. The commissioners may add the certified preference points to the final grades achieved by the applicant on the other components of the examination.
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(8) Scoring of preferences. The commission shall give
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| preference for original appointment to persons designated in item (1) by adding to the final grade that they receive 5 points for the recognized preference achieved. The commission may give preference for original appointment to persons designated in item (7.5) by adding to the final grade the amount of points designated by the Joint Apprenticeship Committee as defined in item (7.5). The commission shall determine the number of preference points for each category, except items (1) and (7.5). The number of preference points for each category shall range from 0 to 5, except item (7.5). In determining the number of preference points, the commission shall prescribe that if a candidate earns the maximum number of preference points in all categories except item (7.5), that number may not be less than 10 nor more than 30. The commission shall give preference for original appointment to persons designated in items (2) through (7) by adding the requisite number of points to the final grade for each recognized preference achieved. The numerical result thus attained shall be applied by the commission in determining the final eligibility list and appointment from the eligibility list. The local appointing authority may prescribe the total number of preference points awarded under this Section, but the total number of preference points, except item (7.5), shall not be less than 10 points or more than 30 points. Apprentice preference points may be added in addition to other preference points awarded by the commission.
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No person entitled to any preference shall be required to claim the credit before any examination held under the provisions of this Section, but the preference shall be given after the posting or publication of the initial eligibility list or register at the request of a person entitled to a credit before any certification or appointments are made from the eligibility register, upon the furnishing of verifiable evidence and proof of qualifying preference credit. Candidates who are eligible for preference credit shall make a claim in writing within 10 days after the posting of the initial eligibility list, or the claim shall be deemed waived. Final eligibility registers shall be established after the awarding of verified preference points. However, apprentice preference credit earned subsequent to the establishment of the final eligibility register may be applied to the applicant's score upon certification by the Joint Apprenticeship Committee to the commission and the rank order of candidates on the final eligibility register shall be adjusted accordingly. All employment shall be subject to the commission's initial hire background review, including, but not limited to, criminal history, employment history, moral character, oral examination, and medical and psychological examinations, all on a pass-fail basis. The medical and psychological examinations must be conducted last, and may only be performed after a conditional offer of employment has been extended.
Any person placed on an eligibility list who exceeds the age requirement before being appointed to a fire department shall remain eligible for appointment until the list is abolished, or his or her name has been on the list for a period of 2 years. No person who has attained the age of 35 years shall be inducted into a fire department, except as otherwise provided in this Section.
The commission shall strike off the names of candidates for original appointment after the names have been on the list for more than 2 years.
(i) Moral character. No person shall be appointed to a fire department unless he or she is a person of good character; not a habitual drunkard, a gambler, or a person who has been convicted of a felony or a crime involving moral turpitude. However, no person shall be disqualified from appointment to the fire department because of the person's record of misdemeanor convictions except those under Sections 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs (1), (6), and (8) of subsection (a) of Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012, or arrest for any cause without conviction thereon. Any such person who is in the department may be removed on charges brought for violating this subsection and after a trial as hereinafter provided.
A classifiable set of the fingerprints of every person who is offered employment as a certificated member of an affected fire department whether with or without compensation, shall be furnished to the Illinois State Police and to the Federal Bureau of Investigation by the commission.
Whenever a commission is authorized or required by law to consider some aspect of criminal history record information for the purpose of carrying out its statutory powers and responsibilities, then, upon request and payment of fees in conformance with the requirements of Section 2605-400 of the Illinois State Police Law of the Civil Administrative Code of Illinois, the Illinois State Police is authorized to furnish, pursuant to positive identification, the information contained in State files as is necessary to fulfill the request.
(j) Temporary appointments. In order to prevent a stoppage of public business, to meet extraordinary exigencies, or to prevent material impairment of the fire department, the commission may make temporary appointments, to remain in force only until regular appointments are made under the provisions of this Division, but never to exceed 60 days. No temporary appointment of any one person shall be made more than twice in any calendar year.
(k) A person who knowingly divulges or receives test questions or answers before a written examination, or otherwise knowingly violates or subverts any requirement of this Section, commits a violation of this Section and may be subject to charges for official misconduct.
A person who is the knowing recipient of test information in advance of the examination shall be disqualified from the examination or discharged from the position to which he or she was appointed, as applicable, and otherwise subjected to disciplinary actions.
(Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21; 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(65 ILCS 5/10-1-7.2) Sec. 10-1-7.2. Alternative procedure; original appointment; full-time firefighter. (a) Authority. The Joint Labor and Management Committee (JLMC), as defined in Section 50 of the Fire Department Promotion Act, may establish a community outreach program to market the profession of firefighter and firefighter-paramedic so as to ensure the pool of applicants recruited is of broad diversity and the highest quality. Nothing in this Section requires that the Joint Labor and Management Committee establish or operate the community outreach program or master register of eligibles, or to contract with a testing agency to establish or operate such program or register, unless the Joint Labor and Management Committee chooses to do so. For the purposes of this Section, "firefighter" means any person who has been prior to, on, or after the effective date of this amendatory Act of the 97th General Assembly appointed to a fire department or fire protection district or employed by a State university and sworn or commissioned to perform firefighter duties or paramedic duties, or both, except that the following persons are not included: part-time firefighters; auxiliary, reserve, or voluntary firefighters, including paid-on-call firefighters; clerks and dispatchers or other civilian employees of a fire department or fire protection district who are not routinely expected to perform firefighter duties; and elected officials. (b) Eligibility. Persons eligible for placement on the master register of eligibles shall consist of the following: Persons who have participated in and received a |
| passing total score on the mental aptitude, physical ability, and preference components of a regionally administered test based on the standards described in this Section. The standards for administering these tests and the minimum passing score required for placement on this list shall be as is set forth in this Section.
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Qualified candidates shall be listed on the master
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| register of eligibles in highest to lowest rank order based upon their test scores without regard to their date of examination. Candidates listed on the master register of eligibles shall be eligible for appointment for 2 years after the date of the certification of their final score on the register without regard to the date of their examination. After 2 years, the candidate's name shall be struck from the list.
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Any person currently employed as a full-time member
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| of a fire department or any person who has experienced a non-voluntary (and non-disciplinary) separation from the active workforce due to a reduction in the number of departmental officers, who was appointed pursuant to this Division, Division 2.1 of Article 10 of the Illinois Municipal Code, or the Fire Protection District Act, and who during the previous 24 months participated in and received a passing score on the physical ability and mental aptitude components of the test may request that his or her name be added to the master register. Any eligible person may be offered employment by a local commission under the same procedures as provided by this Section except that the apprenticeship period may be waived and the applicant may be immediately issued a certificate of original appointment by the local commission.
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(c) Qualifications for placement on register of eligibles. The purpose for establishing a master register of eligibles shall be to identify applicants who possess and demonstrate the mental aptitude and physical ability to perform the duties required of members of the fire department in order to provide the highest quality of service to the public. To this end, all applicants for original appointment to an affected fire department through examination conducted by the Joint Labor and Management Committee (JLMC) shall be subject to examination and testing which shall be public, competitive, and open to all applicants. Any examination and testing procedure utilized under subsection (e) of this Section shall be supported by appropriate validation evidence and shall comply with all applicable state and federal laws. Any subjective component of the testing must be administered by certified assessors. All qualifying and disqualifying factors applicable to examination processes for local commissions in this amendatory Act of the 97th General Assembly shall be applicable to persons participating in Joint Labor and Management Committee examinations unless specifically provided otherwise in this Section.
Notice of the time, place, general scope, and fee of every JLMC examination shall be given by the JLMC or designated testing agency, as applicable, by publication at least 30 days preceding the examination, in one or more newspapers published in the region, or if no newspaper is published therein, then in one or more newspapers with a general circulation within the region. The JLMC may publish the notice on the JLMC's Internet website. Additional notice of the examination may be given as the JLMC shall prescribe.
(d) Examination and testing components for placement on register of eligibles. The examination and qualifying standards for placement on the master register of eligibles and employment shall be based on the following components: mental aptitude, physical ability, preferences, moral character, and health. The mental aptitude, physical ability, and preference components shall determine an applicant's qualification for and placement on the master register of eligibles. The consideration of an applicant's general moral character and health shall be administered on a pass-fail basis after a conditional offer of employment is made by a local commission.
(e) Mental aptitude. Examination of an applicant's mental aptitude shall be based upon written examination and an applicant's prior experience demonstrating an aptitude for and commitment to service as a member of a fire department. Written examinations shall be practical in character and relate to those matters that fairly test the capacity of the persons examined to discharge the duties performed by members of a fire department. Written examinations shall be administered in a manner that ensures the security and accuracy of the scores achieved. Any subjective component of the testing must be administered by certified assessors. No person who does not possess a high school diploma or an equivalent high school education shall be placed on a register of eligibles. Local commissions may establish educational, emergency medical service licensure, and other pre-requisites for hire within their jurisdiction.
(f) Physical ability. All candidates shall be required to undergo an examination of their physical ability to perform the essential functions included in the duties they may be called upon to perform as a member of a fire department. For the purposes of this Section, essential functions of the job are functions associated with duties that a firefighter may be called upon to perform in response to emergency calls. The frequency of the occurrence of those duties as part of the fire department's regular routine shall not be a controlling factor in the design of examination criteria or evolutions selected for testing. These physical examinations shall be open, competitive, and based on industry standards designed to test each applicant's physical abilities in each of the following dimensions:
(1) Muscular strength to perform tasks and evolutions
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| that may be required in the performance of duties including grip strength, leg strength, and arm strength. Tests shall be conducted under anaerobic as well as aerobic conditions to test both the candidate's speed and endurance in performing tasks and evolutions. Tasks tested are to be based on industry standards developed by the JLMC by rule.
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(2) The ability to climb ladders, operate from
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| heights, walk or crawl in the dark along narrow and uneven surfaces, and operate in proximity to hazardous environments.
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(3) The ability to carry out critical,
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| time-sensitive, and complex problem solving during physical exertion in stressful and hazardous environments. The testing environment may be hot and dark with tightly enclosed spaces, flashing lights, sirens, and other distractions.
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The tests utilized to measure each applicant's
capabilities in each of these dimensions may be tests based on
industry standards currently in use or equivalent tests approved by the Joint Labor-Management Committee of the Office of the State Fire Marshal.
(g) Scoring of examination components. The examination components shall be graded on a 100-point scale. A person's position on the master register of eligibles shall be determined by the person's score on the written examination, the person successfully passing the physical ability component, and the addition of any applicable preference points.
Applicants who have achieved at least the minimum score on the written examination, as set by the JLMC, and who successfully pass the physical ability examination shall be placed on the initial eligibility register. Minimum scores should be set by the JLMC so as to demonstrate a candidate's ability to perform the essential functions of the job. The minimum score set by the JLMC shall be
supported by appropriate validation evidence and shall comply with all applicable State and federal laws. Applicable preference points shall be added to the written examination scores for all applicants who qualify for the initial eligibility register. Applicants who score at or above the minimum passing score as set by the JLMC, including any applicable preference points, shall be placed on the master register of eligibles by the JLMC.
These persons shall take rank upon the register as candidates in the order of their relative excellence based on the highest to the lowest total points scored on the mental aptitude and physical ability components, plus any applicable preference points requested and verified by the JLMC, or approved testing agency.
No more than 60 days after each examination, a revised master register of eligibles shall be posted by the JLMC showing the final grades of the candidates without reference to priority of time of examination.
(h) Preferences. The board shall give military, education, and experience preference points to those who qualify for placement on the master register of eligibles, on the same basis as provided for examinations administered by a local commission.
No person entitled to preference or credit shall be required to claim the credit before any examination held under the provisions of this Section. The preference shall be given after the posting or publication of the applicant's initial score at the request of the person before finalizing the scores from all applicants taking part in a JLMC examination. Candidates who are eligible for preference credit shall make a claim in writing within 10 days after the posting of the initial scores from any JLMC test or the claim shall be deemed waived. Once preference points are awarded, the candidates shall be certified to the master register in accordance with their final score including preference points.
(i) Firefighter apprentice and firefighter-paramedic apprentice. The employment of an applicant to an apprentice position (including a currently employed full-time member of a fire department whose apprenticeship may be reduced or waived) shall be subject to the applicant passing the moral character standards and health examinations of the local commission. In addition, a local commission may require as a condition of employment that the applicant demonstrate current physical ability by either passing the local commission's approved physical ability examination, or by presenting proof of participating in and receiving a passing score on the physical ability component of a JLMC test within a period of up to 12 months before the date of the conditional offer of employment. Applicants shall be subject to the local commission's initial hire background review including criminal history, employment history, moral character, oral examination, and medical examinations which may include polygraph, psychological, and drug screening components, all on a pass-fail basis. The medical examinations must be conducted last, and may only be performed after a conditional offer of employment has been extended.
(j) Selection from list. Any municipality or fire protection district that is a party to an intergovernmental agreement under the terms of which persons have been tested for placement on the master register of eligibles shall be entitled to offer employment to any person on the list irrespective of their ranking on the list. The offer of employment shall be to the position of firefighter apprentice or firefighter-paramedic apprentice.
Applicants passing these tests may be employed as a firefighter apprentice or a firefighter-paramedic apprentice who shall serve an apprenticeship period of 12 months or less according to the terms and conditions of employment as the employing municipality or district offers, or as provided for under the terms of any collective bargaining agreement then in effect. The apprenticeship period is separate from the probationary period.
Service during the apprenticeship period shall be on a probationary basis. During the apprenticeship period, the apprentice's training and performance shall be monitored and evaluated by a Joint Apprenticeship Committee.
The Joint Apprenticeship Committee shall consist of 4 members who shall be regular members of the fire department with at least 10 years of full-time work experience as a firefighter or firefighter-paramedic. The fire chief and the president of the exclusive bargaining representative recognized by the employer shall each appoint 2 members to the Joint Apprenticeship Committee. In the absence of an exclusive collective bargaining representative, the chief shall appoint the remaining 2 members who shall be from the ranks of company officer and firefighter with at least 10 years of work experience as a firefighter or firefighter-paramedic. In the absence of a sufficient number of qualified firefighters, the Joint Apprenticeship Committee members shall have the amount of experience and the type of qualifications as is reasonable given the circumstances of the fire department. In the absence of a full-time member in a rank between chief and the highest rank in a bargaining unit, the Joint Apprenticeship Committee shall be reduced to 2 members, one to be appointed by the chief and one by the union president, if any. If there is no exclusive bargaining representative, the chief shall appoint the second member of the Joint Apprenticeship Committee from among qualified members in the ranks of company officer and below. Before the conclusion of the apprenticeship period, the Joint Apprenticeship Committee shall meet to consider the apprentice's progress and performance and vote to retain the apprentice as a member of the fire department or to terminate the apprenticeship. If 3 of the 4 members of the Joint Apprenticeship Committee affirmatively vote to retain the apprentice (if a 2 member Joint Apprenticeship Committee exists, then both members must affirmatively vote to retain the apprentice), the local commission shall issue the apprentice a certificate of original appointment to the fire department.
(k) A person who knowingly divulges or receives test questions or answers before a written examination, or otherwise knowingly violates or subverts any requirement of this Section, commits a violation of this Section and may be subject to charges for official misconduct.
A person who is the knowing recipient of test information in advance of the examination shall be disqualified from the examination or discharged from the position to which he or she was appointed, as applicable, and otherwise subjected to disciplinary actions.
(l) Applicability. This Section does not apply to a municipality with more than 1,000,000 inhabitants.
(Source: P.A. 102-188, eff. 1-1-22 .)
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(65 ILCS 5/10-1-18) (from Ch. 24, par. 10-1-18)
Sec. 10-1-18.
(a) Except as hereinafter provided in this Section, no officer
or employee in the classified civil service of any municipality who is
appointed under the rules and after examination, may be removed or discharged,
or suspended for a period of more than 30 days, except for cause upon
written charges and after an opportunity to be heard in his own defense.
The hearing shall be as hereinafter provided, unless the employer and the
labor organization representing the person have negotiated an alternative or
supplemental form of due process based upon impartial arbitration as a term of
a collective bargaining agreement. In non-home rule units of government, such
bargaining shall be permissive rather than mandatory unless such contract term
was negotiated by the employer and the labor organization prior to or at the
time of the effective date of this amendatory Act, in which case such
bargaining shall be considered mandatory.
Such charges shall be investigated by or before the civil
service commission, or by or before some officer or board appointed by the
commission to conduct that investigation. The finding and decision of that
commission or investigating officer or board, when approved by the commission,
shall be certified to the appointing officer, and shall forthwith be enforced
by that officer. Before any officer or employee in
the classified service of any municipality may be interrogated or examined
by or before any disciplinary board, or departmental agent or investigator,
the results of which hearing, interrogation or examination may be the basis
for filing charges seeking his removal or discharge, he must be advised in
writing as to what specific improper or illegal act he is alleged to have
committed; he must be advised in writing that his admissions made in the
course of the hearing, interrogation or examination may be used as the
basis for charges seeking his removal or discharge; and he must be advised
in writing that he has the right to counsel of his own choosing present to
advise him at any hearing, interrogation or examination; and a complete
record of any hearing, interrogation or examination shall be made and a
complete transcript thereof made available to such officer or employee
without charge and without delay. Nothing in this Division 1 limits the
power of any officer to suspend a subordinate for a reasonable period, not
exceeding 30 days except that any employee or officer suspended for more
than 5 days or suspended within 6 months after a previous suspension shall
be entitled, upon request, to a hearing before the civil service commission
concerning the propriety of such suspension. In the course of an
investigation of charges, each member of the commission, and of any board
so appointed by it, and any officer so appointed, may administer oaths and
may secure by its subpoena both the attendance and testimony of witnesses,
and the production of books and papers relevant to the investigation.
Nothing in this Section shall be construed to require such charges or
investigation in cases of persons having the custody of public money for
the safe keeping of which another person has given bonds.
This subsection (a) does not apply to police or firefighters in the
classified civil service of a municipality of 500,000 or fewer inhabitants.
(b) No officer or employee of a police or fire department in the classified
civil service of any municipality having 500,000 or fewer inhabitants who is
appointed under the rules and after examination, may be removed or discharged,
or suspended for a period of more than 5 calendar days, except for cause upon
written charges and after an opportunity to be heard in his own defense.
The hearing shall be as hereinafter provided, unless the employer and the
labor organization representing the person have negotiated an alternative or
supplemental form of due process based upon impartial arbitration as a term of
a collective bargaining agreement. In non-home rule units of government, such
bargaining shall be permissive rather than mandatory unless such contract term
was negotiated by the employer and the labor organization prior to or at the
time of the effective date of this amendatory Act, in which case such
bargaining shall be considered mandatory.
Such charges shall be investigated by or before the civil service
commission, or by or before some officer or board appointed by the
commission to conduct that investigation. The finding and decision of that
commission or investigating officer or board, when approved by the
commission, shall be certified to the appointing officer, and shall
forthwith be enforced by that officer. Before any such officer or employee
of a police or fire department may be interrogated or examined
by or before any disciplinary board, or departmental agent or investigator,
the results of which hearing, interrogation or examination may be the basis
for filing charges seeking his removal or discharge, he must be advised in
writing as to what specific improper or illegal act he is alleged to have
committed; he must be advised in writing that his admissions made in the
course of the hearing, interrogation or examination may be used as the
basis for charges seeking his removal or discharge; and he must be advised
in writing that he has the right to have counsel of his own choosing present to
advise him at any hearing, interrogation or examination; and a complete
record of any hearing, interrogation or examination shall be made and a
complete transcript thereof made available to such officer or employee
without charge and without delay. Nothing in this Division 1 limits the
power of the chief officer of a police or fire department to suspend a
subordinate for a reasonable period, not exceeding 5 calendar days, provided
the civil service commission is promptly notified thereof in writing. Any
employee or officer so suspended shall be entitled, upon request, to a hearing
before the civil service commission concerning the propriety of such
suspension. Upon such hearing, the commission may sustain the action of the
chief of the department, may reverse it with instructions that the person
receive his pay for the period involved, or may suspend the person for an
additional period of not more than 30 days or discharge him, depending upon the
facts presented. In the course of an investigation of charges, each member of
the commission, and of any board so appointed by it, and any officer so
appointed, may administer oaths and may secure by its subpoena both the
attendance and testimony of witnesses, and the production of books and papers
relevant to the investigation. If the charge is based upon an allegation of the
use of unreasonable force by a police officer, the charge must be brought
within 5 years after the commission of the act upon which the charge is based.
The statute of limitations established in this Section 10-1-18(b) shall apply
only to acts of unreasonable force occurring on or after the effective date of
this amendatory Act of 1992.
(c) Whenever the corporate authorities of any municipality in which this
Division 1 is in operation, designates by ordinance or whenever any general law
of this state designates any specific age of not less than 63 years as the
maximum age for legal employment of policemen or firemen in the service of any
municipality which has adopted or shall adopt this Division 1 or designates any
minimum age for the automatic or compulsory retirement of policemen or firemen
in the service of that municipality, any such policeman or fireman to whom such
ordinance or law may refer or apply upon attaining the designated age of 63
years or upwards as set out in the ordinance or law shall forthwith and
immediately be retired from the service of that municipality in accordance with
the terms or provisions of that ordinance or law. The civil service commission
of the municipality shall discharge or retire automatically any policeman or
fireman in the classified civil service of the municipality at the time and in
the manner provided in that ordinance or law and certify the retirement or
discharge to the proper branch or department head. In the case of any such
policeman or fireman who has filed an application for appointment in the
classified civil service of the municipality, the age stated in that
application shall be conclusive evidence against that policeman or fireman of
his age, but the civil service commission (except as respects police department
officers and employees in municipalities of more than 500,000 population where
the Police Board shall exercise these powers as provided in Section 10-1-18.1)
may hear testimony and consider all evidence available in any case in which any
charge is filed against any such policeman or fireman alleging that he
understated his age in his application for appointment into the classified
civil service of the municipality.
In addition to all the other powers now granted by law, the corporate
authorities of any municipality which has adopted or shall adopt this
Division 1 may by ordinance provide an age limit of not less than 63 years
as the maximum age for the legal employment of any person employed as a
policeman or fireman under this Division 1, and may provide in that
ordinance for the automatic or compulsory retirement and discharge of the
policeman or fireman upon his attainment of the designated retirement age.
This Section does not apply to the suspension, removal or discharge of
officers and civilian employees of the police department in the classified
civil service of a municipality of more than 500,000 but that disciplinary
action may be taken by the Police Board, rather than the civil service
commission, as provided in Section 10-1-18.1.
(d) Commencing on January 1, 1993, each board or other entity
responsible for determining whether or not to file a charge shall, no later
than December 31 of each year, publish a status report on its
investigations of allegations of unreasonable force. At a minimum, the
status report shall include the following information:
(1) the number of police officers against whom an |
| allegation of unreasonable force was made;
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(2) the number of allegations of unreasonable force
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| made against each such police officer;
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(3) the number of police officers against whom
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| disciplinary charges were filed on the basis of allegations of unreasonable force;
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(4) a listing of investigations of allegations of
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| unreasonable force pending as of the date of the report, together with the dates on which such allegations were made; and
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(5) a listing of allegations of unreasonable force
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| for which the board has determined not to file charges.
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These status reports shall not disclose the identity of
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| any witness or victim, nor shall they disclose the identity of any police officer who is the subject of an allegation of unreasonable force against whom a charge has not been filed. The information underlying these status reports shall be confidential and exempt from public inspection and copying, as provided under Section 7 of the Freedom of Information Act.
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(Source: P.A. 91-650, eff. 11-30-99.)
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(65 ILCS 5/10-1-18.1) (from Ch. 24, par. 10-1-18.1)
Sec. 10-1-18.1.
In any municipality of more than 500,000 population, no
officer or employee of the police department in the classified civil
service of the municipality whose appointment has become complete may be
removed or discharged, or suspended for more than 30 days except for cause
upon written charges and after an opportunity to be heard in his own
defense by the Police Board. Before any such officer or employee may be
interrogated or examined by or before any disciplinary board, or
departmental agent or investigator, the results of which hearing,
interrogation or examination may be the basis for filing charges seeking
his removal or discharge, he must be advised in writing as to what specific
improper or illegal act he is alleged to have committed; he must be advised
in writing that his admissions made in the course of the hearing,
interrogation or examination may be used as the basis for charges seeking
his removal or discharge; and he must be advised in writing that he has the
right to counsel of his own choosing present to advise him at any hearing,
interrogation or examination; and a complete record of any hearing,
interrogation or examination shall be made and a complete transcript
thereof made available to such officer or employee without charge and
without delay.
Upon the filing of charges for which removal or discharge, or suspension
of more than 30 days is recommended a hearing before the Police Board shall
be held. If the charge is based upon an allegation of the use of
unreasonable force by a police officer, the charge must be brought within 5
years after the commission of the act upon which the charge is based.
The statute of limitations established in this Section 10-1-18.1 shall
apply only to acts of unreasonable force occurring on or after the
effective date of this amendatory Act of 1992.
The Police Board shall establish rules of procedure not inconsistent
with this Section respecting notice of charges and the conduct of the
hearings before the Police Board, or before any member thereof appointed by
the Police Board to hear the charges. The Police Board, or any member
thereof, is not bound by formal or technical rules of evidence, but hearsay
evidence is inadmissible. The person against whom charges have been filed
may appear before the Police Board or any member thereof, as the case may
be, with counsel of his own choice and defend himself; shall have the right
to be confronted by his accusers; may cross-examine any witness giving
evidence against him; and may by counsel present witnesses and evidence in
his own behalf.
The Police Board or any member thereof designated by it, may administer
oaths and secure by its subpoena both the attendance and testimony of
witnesses and the production of relevant books and papers. All proceedings
before the Police Board or member thereof shall be recorded. No continuance
may be granted after a hearing has begun unless all parties to the hearing
agree thereto. The findings and decision of the Police Board, when approved
by the Board, shall be certified to the superintendent and shall forthwith
be enforced by the superintendent.
A majority of the members of the Police Board must concur in the entry
of any disciplinary recommendation or action.
Nothing in this Section limits the power of the superintendent to
suspend a subordinate for a reasonable period, not exceeding 30 days.
Commencing on January 1, 1993, each board or other entity responsible
for determining whether or not to file a charge shall, no later than
December 31 of each year, publish a status report on its investigations of
allegations of unreasonable force. At a minimum, the status report shall
include the following information:
(1) the number of police officers against whom an |
| allegation of unreasonable force was made;
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|
(2) the number of allegations of unreasonable force
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| made against each such police officer;
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|
(3) the number of police officers against whom
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| disciplinary charges were filed on the basis of allegations of unreasonable force;
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(4) a listing of investigations of allegations of
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| unreasonable force pending as of the date of the report, together with the dates on which such allegations were made; and
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(5) a listing of allegations of unreasonable force
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| for which the board has determined not to file charges.
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|
These status reports shall not disclose the identity of
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| any witness or victim, nor shall they disclose the identity of any police officer who is the subject of an allegation of unreasonable force against whom a charge has not been filed. The information underlying these status reports shall be confidential and exempt from public inspection and copying, as provided under Section 7 of the Freedom of Information Act.
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(Source: P.A. 87-1239.)
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