(65 ILCS 5/10-2.1-14) (from Ch. 24, par. 10-2.1-14)
Sec. 10-2.1-14. Register of eligibles. The board of fire and police
commissioners shall prepare and keep a register of persons whose general
average standing, upon examination, is not less than the minimum fixed by the
rules of the board, and who are otherwise eligible. These persons shall take
rank upon the register as candidates in the order of their relative excellence
as determined by examination, without reference to priority of time of
examination.
The board of fire and police commissioners may prepare and keep a second register of persons who have previously been full-time sworn officers of a regular police department in any municipal, county, university, or State law enforcement agency, provided they are certified by the Illinois Law Enforcement Training Standards Board and have been with their respective law enforcement agency within the State for at least 2 years. The persons on this list shall take rank upon the register as candidates in the order of their relative excellence as determined by members of the board of fire and police commissioners. Applicants who have been awarded a certificate attesting to their successful
completion of the Minimum Standards Basic Law Enforcement Training Course, as
provided in the Illinois Police Training Act, may be given preference in
appointment over noncertified applicants. Applicants for appointment to fire departments who are licensed as an EMT, EMT-I, A-EMT, or paramedic under the Emergency Medical Services (EMS) Systems Act, may be given preference in appointment over non-licensed applicants.
Within 60 days after each examination, an eligibility list
shall be posted by the board, which shall show the final grades of
the candidates without reference to priority of time of examination
and subject to claim for military credit. Candidates who are
eligible for military credit shall make a claim in writing within 10 days after
the posting of the eligibility list or such claim shall be deemed waived.
Appointment shall be subject to a final physical examination.
If a person is placed on an eligibility list and becomes overage before he
or she is appointed to a police or fire department, the person remains eligible
for appointment until the list is abolished pursuant to authorized procedures.
Otherwise no person who has attained the age of 36 years shall be inducted as a
member of a police department and no person who has attained the age of 35
years shall be inducted as a member of a fire department, except as otherwise
provided in this division. With respect to a police department, a veteran shall be allowed to exceed the maximum age provision of this Section by the number of years served on active military duty, but by no more than 10 years of active military duty.
(Source: P.A. 98-973, eff. 8-15-14.)
|
(65 ILCS 5/10-2.1-15) (from Ch. 24, par. 10-2.1-15)
Sec. 10-2.1-15.
The board, by its rules, shall provide for promotion in the
fire and police departments on the basis of ascertained merit and seniority
in service and examination, and shall provide in all cases, where it is
practicable, that vacancies shall be filled by promotion. All examinations
for promotion shall be competitive among such members of the next lower
rank as desire to submit themselves to examination. All promotions shall be
made from the 3 having the highest rating, and where there are less than 3
names on the promotional eligible register, as originally posted, or
remaining thereon after appointments have been made therefrom, appointments
to fill existing vacancies shall be made from those names or name remaining
on the promotional register except that promotions made in any municipality
with more than 130,000 but less than 2,000,000 population may be made from
the 7 members having the highest rating. The method of examination and the rules
governing examinations for promotion shall be the same as provided for
applicants for original appointment, except that original appointments only
shall be on probation, as provided by the rules. The board shall strike off
the names of candidates for promotional appointment after they have
remained thereon for more than 3 years, provided there is no vacancy
existing which can be filled from the promotional register.
(Source: P.A. 83-761.)
|
(65 ILCS 5/10-2.1-16) (from Ch. 24, par. 10-2.1-16)
Sec. 10-2.1-16.
Temporary appointments.
In order to prevent a stoppage of public business, to meet extraordinary
exigencies, or to prevent material impairment of either the police or fire
department, the board may make temporary appointments, to remain in force
until regular appointments may be made under the provisions of this
Division 2.1, but never to exceed 60 days. No temporary appointment of any
one person shall be made more than twice in any calendar year.
(Source: Laws 1967, p. 3437.)
|
(65 ILCS 5/10-2.1-17) (from Ch. 24, par. 10-2.1-17)
Sec. 10-2.1-17. Removal or discharge; investigation of charges;
retirement. Except as hereinafter provided, no officer or member of the fire
or police department of any municipality subject to this Division 2.1 shall be
removed or discharged 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. Such
bargaining shall be mandatory unless the parties mutually agree otherwise. Any such alternative agreement shall be permissive.
If the chief of the fire department or the chief of the police department or
both of them are appointed in the manner provided by ordinance, they may be
removed or discharged by the appointing authority. In such case the appointing
authority shall file with the corporate authorities the reasons for such
removal or discharge, which removal or discharge shall not become effective
unless confirmed by a majority vote of the corporate authorities. The board of
fire and police commissioners shall conduct a fair and impartial hearing of
the charges, to be commenced within 30 days of the filing thereof, which
hearing may be continued from time to time. In case an officer or member
is found guilty, the board may discharge him, or may suspend him not
exceeding 30 days without pay. The board may suspend any officer or
member pending the hearing with or without pay, but not to exceed 30
days. If the Board of Fire and Police Commissioners determines that the
charges are not sustained, the officer or member shall be reimbursed for
all wages withheld, if any. In the conduct of this hearing, each member
of the board shall have power to administer oaths and affirmations, and
the board shall have power to secure by its subpoena both the attendance
and testimony of witnesses and the production of books and papers
relevant to the hearing.
The age for retirement of policemen or firemen in the service of any
municipality which adopts this Division 2.1 is 65 years, unless the
Council or Board of Trustees shall by ordinance provide for an earlier
retirement age of not less than 60 years.
The provisions of the Administrative Review Law, and all amendments and
modifications thereof, and the rules
adopted pursuant thereto, shall apply to and govern all proceedings for
the judicial review of final administrative decisions of the board of
fire and police commissioners hereunder. The term "administrative
decision" is defined as in Section 3-101 of the Code of Civil Procedure.
Nothing in this Section shall be construed to prevent the chief of
the fire department or the chief of the police department from
suspending without pay a member of his department for a period of not
more than 5 calendar days, but he shall notify the board in writing of such
suspension.
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. Such
bargaining shall be
mandatory unless the parties mutually agree otherwise. Any such alternative agreement shall be permissive.
Any policeman or fireman so suspended may appeal to the board of fire and
police commissioners for a review of the suspension within 5 calendar days
after such suspension, and upon such appeal, the board may sustain the action
of the chief of the department, may reverse it with instructions that the man
receive his pay for the period involved, or may suspend the officer for an
additional period of not more than 30 days or discharge him, depending upon
the facts presented.
(Source: P.A. 95-356, eff. 8-23-07.)
|
(65 ILCS 5/10-2.1-18) (from Ch. 24, par. 10-2.1-18)
Sec. 10-2.1-18. Fire or police departments - Reduction of force -
Reinstatement. When the force of the fire department or of the police
department is reduced, and positions displaced or abolished, seniority
shall prevail and the officers and members so reduced in rank, or removed
from the service of the fire department or of the police department shall
be considered furloughed without pay from the positions from which they
were reduced or removed.
Such reductions and removals shall be in strict compliance with
seniority and in no event shall any officer or member be reduced more than
one rank in a reduction of force. Officers and members with the least
seniority in the position to be reduced shall be reduced to the next lower
rated position. For purposes of determining which officers and members
will be reduced in rank, seniority shall be determined by adding the time
spent at the rank or position from which the officer or member is to be
reduced and the time spent at any higher rank or position in the
Department. For purposes of determining which officers or members in the
lowest rank or position shall be removed from the Department in the event
of a layoff, length of service in the Department shall be the basis for
determining seniority, with the least senior such officer or member being
the first so removed and laid off. Such officers or members laid off shall
have their names placed on an appropriate reemployment list in the reverse
order of dates of layoff.
If any positions which have been vacated because of reduction in forces
or displacement and abolition of positions, are reinstated, such members
and officers of the fire department or of the police department as are
furloughed from the said positions shall be notified by the board by
registered mail of such reinstatement of positions and shall have prior
right to such positions if otherwise qualified, and in all cases seniority
shall prevail. Written application for such reinstated position must be
made by the furloughed person within 30 days after notification as above
provided and such person may be required to submit to examination by
physicians, advanced practice registered nurses, or physician assistants of both the board of fire and police commissioners and the
appropriate pension board to determine his physical fitness.
(Source: P.A. 99-581, eff. 1-1-17; 100-513, eff. 1-1-18.)
|
(65 ILCS 5/10-2.1-19) (from Ch. 24, par. 10-2.1-19)
Sec. 10-2.1-19.
Annual report-budget request.
Annually, at any time the corporate authorities may provide, the board
of fire and police commissioners shall submit to the mayor or president a
report of its activities, and of the rules in force and the practical
effect thereof. In this report the board may make suggestions which the
board believes would result in greater efficiency in the fire or police
department. The board shall also submit an annual budget request to the
municipal governing body prior to the end of each fiscal year. The mayor or
president shall transmit the report to the city council or board of
trustees.
(Source: Laws 1965, p. 2840.)
|
(65 ILCS 5/10-2.1-20) (from Ch. 24, par. 10-2.1-20)
Sec. 10-2.1-20.
Secretary of board-duties-seal of board.
The board may employ a secretary, or may designate one of its own
members to act as secretary. The secretary (1) shall keep the minutes of
the board's proceedings, (2) shall be the custodian of all records
pertaining to the business of the board, (3) shall keep a record of all
examinations held, (4) shall perform all other duties the board prescribes,
and (5) shall be custodian of the seal of the board, if one is adopted, and
the board is hereby authorized to adopt an official seal and to prescribe
the form thereof by resolution of the board.
(Source: Laws 1965, p. 2840.)
|
(65 ILCS 5/10-2.1-21) (from Ch. 24, par. 10-2.1-21)
Sec. 10-2.1-21.
Rooms and funds for operation of boards.
The corporate authorities shall provide suitable rooms for the board of
fire and police commissioners, and shall allow reasonable use of public
buildings for holding examinations by the board and shall further provide
adequate funds in the annual appropriation ordinance for the operation of
the board.
(Source: Laws 1965, p. 2840.)
|
(65 ILCS 5/10-2.1-22) (from Ch. 24, par. 10-2.1-22)
Sec. 10-2.1-22.
Compensation of secretary and members of board.
The secretary may be paid a reasonable compensation for his services, to
be fixed by the corporate authorities. The corporate authorities may also
fix the compensation to be paid to the members of the board, but until the
corporate authorities make provision therefor, the members of the board
shall serve without compensation.
(Source: Laws 1965, p. 2840.)
|
(65 ILCS 5/10-2.1-23) (from Ch. 24, par. 10-2.1-23)
Sec. 10-2.1-23.
Disability or military leave-Grant by board.
A person holding a position in a fire or police department who is
injured while in the performance of his duties and because of such injury
is temporarily unable to continue to perform his duties or who enters the
military or naval service of the United States because of a war in which
the United States is a party belligerent or as required by any Act of
Congress shall, upon written application to the board, be granted a
disability or military leave, as the case may be.
(Source: Laws 1965, p. 2840.)
|
(65 ILCS 5/10-2.1-24) (from Ch. 24, par. 10-2.1-24)
Sec. 10-2.1-24.
Return to active duty.
A person who has been on disability or military leave granted by the
board and who wishes to return to active duty in his certified position
shall be credited with seniority for the period of such leave and, if
otherwise qualified, shall be reinstated to his certified position at the
rank or grade held at the start of the leave, not more than 60 days after
his written request for reinstatement is filed with the board. Such request
shall be filed not more than 30 days after termination of the disability or
military or naval service.
(Source: Laws 1965, p. 2840.)
|
(65 ILCS 5/10-2.1-25) (from Ch. 24, par. 10-2.1-25)
Sec. 10-2.1-25.
Attorney for board.
The municipal attorney, in the event there is a separate attorney
designated as a prosecutor for such municipality, shall represent the board
unless the board is authorized by the municipality to employ its own
attorney, and such attorney shall handle prosecutions before the board, but
in the event that the municipal attorney shall both represent the
municipality and be prosecutor in such municipality, then and in such event
the governing body is hereby authorized to employ an attorney of its own
choosing to represent said board.
(Source: Laws 1965, p. 2840.)
|
(65 ILCS 5/10-2.1-26) (from Ch. 24, par. 10-2.1-26)
Sec. 10-2.1-26.
Application of the Act.
The provisions of this Division shall apply only to full-time firemen
and full-time policemen of a regularly constituted fire or police
department and not to any other personnel of any kind or description.
(Source: Laws 1965, p. 2840.)
|