State of Illinois
90th General Assembly
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90_HB2788

      New Act
          Creates the Fire Department Promotion Act.  Provides that
      promotions in municipal fire departments and fire  protection
      district  fire  departments  shall be based upon examination,
      seniority  within  the  department,  ascertained  merit,  and
      veteran's preference.  Requires promotion of  the  person  at
      the  top  of  the  promotion  list.   Provides for a one-year
      period of probation, during which the person may  be  demoted
      for  just cause, including failure to demonstrate the ability
      required for the  job.   Pre-empts  home  rule,  but  exempts
      Chicago.  Contains other provisions.  Effective immediately.
                                                     LRB9010346EGfg
                                               LRB9010346EGfg
 1        AN ACT in relation to fire department promotions.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 1. Short title.  This Act may  be  cited  as  the
 5    Fire Department Promotion Act.
 6        Section 5. Definitions.  For the purposes of this Act:
 7        "Affected  department"  or "department" means a municipal
 8    fire department or the fire department  operated  by  a  fire
 9    protection   district.    The   terms  do  not  include  fire
10    departments operated by the State, a university, a county,  a
11    municipality with a population over 1,000,000, or any unit of
12    local government other than a municipality or fire protection
13    district.
14        "Departmental  authority"  means  the board of police and
15    fire    commissioners,    civil    service     commissioners,
16    superintendent  or  department head, fire protection district
17    board of trustees, or other entity having  the  authority  to
18    administer and grant promotions in an affected department.
19        "Promotion"  means  any  permanent  advancement  in  rank
20    within  an  affected  department  for which an examination is
21    ordinarily required.  "Promotion"  does  not  include  (i)  a
22    temporary  appointment  to  an  administrative  or  executive
23    position for which an examination is not ordinarily required,
24    (ii)  an  appointment to a position held only at the pleasure
25    of the appointing authority,  or  (iii)  appointment  as  the
26    Superintendent, Chief, or other chief executive officer of an
27    affected department.
28        Section 10. Application of Act.
29        (a)  In  the  case  of  an  affected  department in which
30    promotions  are  not  subject  to  a  collective   bargaining
                            -2-                LRB9010346EGfg
 1    agreement  in  effect on January 1, 1999, this Act applies to
 2    all promotions made on or after that date.  In the case of an
 3    affected department in which  promotions  are  subject  to  a
 4    collective  bargaining agreement on January 1, 1999, this Act
 5    applies to  all  promotions  made  after  the  expiration  or
 6    renewal of that collective bargaining agreement.
 7        (b)  In  accordance  with  subsection (i) of Section 6 of
 8    Article VII of the  Illinois  Constitution,  this  Act  is  a
 9    limitation  on  the concurrent exercise by home rule units of
10    powers and functions exercised by the  State.   A  home  rule
11    municipality  may  not  administer  promotions  in  its  fire
12    department in a manner inconsistent with this Act.
13        (c)  This  Act  does not apply to any municipality with a
14    population over 1,000,000.
15        Section 15. Promotion procedure.
16        (a)  Notwithstanding any  statute,  ordinance,  rule,  or
17    other  law  to  the  contrary,  all promotions in an affected
18    department to which this Act applies shall be administered in
19    the manner provided in this Act.  Provisions of the Municipal
20    Code, the Fire Protection District Act, municipal ordinances,
21    and other laws relating to promotions in affected departments
22    shall continue to be effective to the extent  that  they  are
23    compatible  with  this  Act,  but  in  the  event of conflict
24    between this Act and any other law, this Act controls.
25        (b)  For the purpose of granting promotion to any rank or
26    position  to  which  this  Act  applies,   the   departmental
27    authority  shall  from  time  to  time administer a promotion
28    examination in accordance  with  Section  20  and  prepare  a
29    preliminary  promotion  list.   A  person's  position  on the
30    preliminary  promotion  list  shall  be   determined   by   a
31    combination  of  3  factors:  (i)  the  person's score on the
32    promotion examination for that rank  or  position;  (ii)  the
33    person's   seniority   with  the  department,  calculated  as
                            -3-                LRB9010346EGfg
 1    provided in Section 25; and (iii)  the  person's  ascertained
 2    merit,   determined  in  accordance  with  Section  30.   The
 3    preliminary promotion list shall be distributed,  posted,  or
 4    otherwise  made  conveniently  available  by the departmental
 5    authority to all members of the department.
 6        (c)  A person on the preliminary promotion  list  who  is
 7    eligible  for  a  veteran's  preference  under  the  laws and
 8    agreements applicable to the department may  file  a  written
 9    application  for  that  preference  within  10 days after the
10    initial posting  of  the  preliminary  promotion  list.   The
11    preference  shall  be calculated as provided under Section 35
12    and applied as an adjustment to the person's position on  the
13    promotion   list.   The  departmental  authority  shall  make
14    adjustments to the preliminary promotion list  based  on  any
15    veteran's  preferences  claimed,  and  the adjusted promotion
16    list shall then be distributed,  posted,  or  otherwise  made
17    conveniently  available  by the departmental authority to all
18    members of the department.
19        (d)  Whenever a position to be  filled  by  promotion  is
20    created  or  becomes vacant, the departmental authority shall
21    appoint to that position the person with  the  highest  total
22    score  on  the current adjusted promotion list for that rank.
23    "Current  adjusted  promotion  list"   means   the   adjusted
24    promotion  list  for  that rank that is in effect on the date
25    the position is created or the vacancy occurs.  If  there  is
26    no promotion list in effect for that rank on that date, or if
27    all  persons  on  the  current  promotion  list for that rank
28    refuse the promotion, the affected department shall not  make
29    a permanent promotion until a new adjusted promotion list has
30    been  prepared  in  accordance  with this Act, but may make a
31    temporary appointment to fill the vacancy  or  newly  created
32    position  until  a  permanent  promotion  can be made, unless
33    otherwise provided in  an  applicable  collective  bargaining
34    agreement.
                            -4-                LRB9010346EGfg
 1        A  vacancy  shall be deemed to occur in a position on the
 2    date upon which the position is vacated; on that same date, a
 3    vacancy shall also be deemed to exist in every rank  inferior
 4    to  that  rank.   Promotions  shall  be  made  in rank order,
 5    beginning with the vacant position of the highest rank.
 6        (e)  A person may refuse a promotion, in which  case  his
 7    or  her  name  shall  be  removed  from  the current adjusted
 8    promotion list.  Refusal of  a  promotion  does  not  make  a
 9    person ineligible for future examinations or promotion lists.
10        (f)  An  adjusted  promotion  list  shall be prepared and
11    maintained in accordance with this Act for each  rank  to  be
12    filled by promotion.  An adjusted promotion list shall remain
13    valid  for  a  period of 3 years from the date of its initial
14    distribution or posting, and until a successor list has  been
15    prepared  and  distributed,  so long as at least one eligible
16    person remains on the list.  The departmental authority shall
17    endeavor to begin preparations for creating a  new  list  for
18    each rank in a timely manner.
19        Section 20. Examinations.
20        (a)  The  promotion  examination  for  a  particular rank
21    shall consist of a written test of the  examinee's  knowledge
22    of  matters  relating  to  the  duties regularly performed by
23    persons  holding  that  rank  within  the  department.    The
24    examination  shall  be  based only on the contents of written
25    materials that the departmental authority has identified  and
26    made  readily  available  to  potential  examinees at least 6
27    months before the examination is administered.  The promotion
28    examination  shall  not  include  any  written  essay,   oral
29    examination,  character  or  performance evaluation, or other
30    component based on subjective evaluation of the examinee, and
31    the department  may  not  condition  eligibility  to  take  a
32    promotion  examination  upon  these  techniques  or any other
33    process based on subjective evaluation.
                            -5-                LRB9010346EGfg
 1        (b)  Promotion  examinations  shall  be  graded  at   the
 2    examination  site  on  the  day of the examination, and every
 3    examinee shall have the right (i) to  be  present  while  the
 4    examinations are being graded, (ii) to learn his or her score
 5    on  the  examination on the day of the examination, and (iii)
 6    to learn the answers to the examination  that  the  examiners
 7    consider correct.  The maximum score on the examination shall
 8    be  75  points  if  ascertained merit points are available to
 9    examinees in accordance with Section  30; in other cases  the
10    maximum score on the examination shall be 85 points.
11        (c)  For  each  rank  to  be  filled  by  promotion,  the
12    departmental  authority shall provide a separate examination.
13    The departmental authority may employ consultants  to  design
14    and  administer  promotion  examinations  and  may  adopt any
15    nationally recognized examinations or  study  materials  that
16    may  become  available,  so  long  as  they  comply  with the
17    requirements  of  this  Act.   Sample  examinations  may   be
18    examined  by  the  department  authority  and  members of the
19    department,  but  no  person  in  the   department   or   the
20    departmental  authority  (including the chief, members of the
21    civil  service  commission,  board   of   police   and   fire
22    commissioners,  or  fire protection district board, and other
23    appointed or  elected  officials)  may  see  or  examine  the
24    specific questions on the actual promotion examination before
25    the examination is administered.
26        (d)  Each  department  shall  maintain  reading and study
27    materials for its  current  and  last  3  previous  promotion
28    examinations  for  each  rank  and shall make these materials
29    readily and conveniently available  to  all  members  of  the
30    department.
31        Section  25.  Seniority points.  Up to 15 points shall be
32    granted for seniority.  Seniority points shall be based  only
33    upon  service  with  the  affected  department  and  shall be
                            -6-                LRB9010346EGfg
 1    calculated as of the date of the  promotion  examination.   A
 2    person who has less than 5 years of service with the affected
 3    department  shall receive no seniority points.  A person with
 4    at least 5 years of service shall be entitled  to  1/12th  of
 5    one  point  for  each  completed  month  of  service with the
 6    affected department, up to a maximum of 15 points for  15  or
 7    more years of service with the affected department.
 8        Section  30.  Ascertained  merit.  Up to 10 points may be
 9    granted for ascertained merit, but only if and as  authorized
10    by  collective  bargaining agreement.  In accordance with the
11    agreement,  ascertained  merit  points  may  be  awarded  for
12    education, training, and certification in subjects and skills
13    related to firefighting, so long as all persons  eligible  to
14    compete  for  promotion  are  given  an  equal opportunity to
15    establish  ascertained  merit  points.   The  agreement   may
16    explicitly limit the subjects or skills for which ascertained
17    merit  points  will  be granted, or authorize the granting of
18    ascertained merit points for  all  education,  training,  and
19    certification  related  to  firefighting  without  regard  to
20    whether  the  subjects  or skills are specifically related to
21    the rank or position that is the subject of the promotion.
22        Section  35.  Veteran's  preference.   A  person   on   a
23    preliminary  promotion  list  who is eligible for a veteran's
24    preference  under  Section  10-1-16  or  10-2.1-11   of   the
25    Municipal   Code,  Section  16.08a  of  the  Fire  Protection
26    District Act, or any other law or agreement applicable to  an
27    affected  department  may file a written application for that
28    preference within 10 days after the initial  posting  of  the
29    preliminary  promotion  list.  The veteran's preference shall
30    be calculated as provided in the applicable law or  agreement
31    and  applied as an increase in the applicant's total score on
32    the preliminary promotion list.  Once a person has received a
                            -7-                LRB9010346EGfg
 1    promotion from a promotion list on which his or her  position
 2    was  adjusted for veteran's preference, regardless of whether
 3    that promotion list was prepared under this Act,  the  person
 4    shall not be eligible for any subsequent veteran's preference
 5    under this Act.
 6        Section  40.  Right  to  review.  Any person who believes
 7    that an error has been  made  with  respect  to  his  or  her
 8    eligibility  to  take  an  examination,  examination  result,
 9    placement  or  position  on  a  promotion  list, or veteran's
10    preference shall be entitled to a review of the matter by the
11    departmental authority or as otherwise provided by law or  in
12    an  applicable collective bargaining agreement.  This Section
13    is not exclusive and does not limit any right to seek  review
14    or redress under any other law or agreement.
15        Section 45.  Probation.  Every person granted a promotion
16    under  the  procedures  set  forth  in  this  Act shall be on
17    probation for  a  period  of  12  months  from  the  date  of
18    promotion.   At  any time during the period of probation, the
19    person may be demoted to his or her previous  rank  for  just
20    cause.   For  the  purpose  of  this  Section,  "just  cause"
21    includes   a   failure   to   demonstrate   the   ability  or
22    qualifications necessary to provide satisfactory  service  in
23    the rank and position to which the person has been promoted.
24        Section  99.  Effective date.  This Act takes effect upon
25    becoming law.

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