Illinois General Assembly - Full Text of Public Act 097-0174
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Public Act 097-0174





Public Act 097-0174
HB1709 EnrolledLRB097 05065 KMW 45106 b

    AN ACT concerning local government.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Fire Department Promotion Act is amended by
changing Section 50 as follows:
    (50 ILCS 742/50)
    Sec. 50. Subjective evaluation.
    (a) A promotion test may include subjective evaluation
components. Subjective evaluations may include an oral
interview, tactical evaluation, performance evaluation, or
other component based on subjective evaluation of the examinee.
The methods used for subjective evaluations may include using
any employee assessment centers, evaluation systems, chief's
points, or other methods.
    (b) Any subjective component shall be identified to all
candidates prior to its application, be job-related, and be
applied uniformly to all candidates. Every examinee shall have
the right to documentation of his or her score on the
subjective component upon the completion of the subjective
examination component or its application. A designated
representative of the contracting union party shall be notified
and be entitled to be present to monitor any preliminary
meeting between certified assessors or representatives of a
testing agency and representatives of the appointing authority
held prior to the administration of the test to candidates for
    (c) Where chief's points or other subjective methods are
employed that are not amenable to monitoring, monitors shall
not be required, but any disputes as to the results of such
methods shall be subject to resolution in accordance with any
collectively bargained grievance procedure in effect at the
time of the test.
    (d) Where performance evaluations are used as a basis for
promotions, they shall be given annually and made readily
available to each candidate for review and they shall include
any disagreement or documentation the employee provides to
refute or contest the evaluation. These annual evaluations are
not subject to grievance procedures, unless used for points in
the promotion process.
    (e) Total points awarded for subjective components shall be
posted before the written examination is administered and
before the promotion list is compiled.
    (f) Persons selected to grade candidates for promotion
during an assessment center process shall be impartial
professionals who have undergone training to be certified
assessors. The training and certification requirements shall,
at a minimum, provide that, to obtain and maintain
certification, assessors shall complete a course of basic
training, subscribe to a code of ethical conduct, complete
continuing education, and satisfy minimum activity levels.
    (g) The standards for certification shall be established by
a Joint Labor and Management Committee (JLMC) composed of 4
members: 2 designated by a statewide association whose
membership is predominantly fire chiefs representing
management interests of the Illinois fire service, and 2
designated by a statewide labor organization that is a
representative of sworn or commissioned firefighters in
Illinois. Members may serve terms of one year subject to
    For the purposes of this Section, the term "statewide labor
organization" has the meaning ascribed to it in Section 10-3-12
of the Illinois Municipal Code.
    In developing certification standards the JLMC may seek the
advice and counsel of professionals and experts and may appoint
an advisory committee.
    The JLMC may charge reasonable fees that are related to the
costs of administering authorized programs and conducting
classes, including without limitation the costs of monitoring
programs and classes, to the following: (i) applicants for
certifications or recertifications, (ii) recipients of
certifications or recertifications, and (iii) individuals and
entities approved by the JLMC to conduct programs or classes.
    The JLMC's initial certification standards shall be
submitted to the Office of the State Fire Marshal by January 1,
2009. The JLMC may provisionally certify persons who have prior
experience as assessors on promotional examinations in the fire
service. Effective January 1, 2010 only those persons who meet
the certification standards developed by the JLMC and submitted
to the Office of the State Fire Marshal may be selected to
grade candidates on a subjective component of a promotional
examination conducted under the authority of this Act; provided
this requirement shall be waived for persons employed or
appointed by the jurisdiction administering the examination.
    The JLMC shall annually:
        (1) issue public notice offering persons who are
    interested in qualifying as certified assessors the
    opportunity to enroll in training; and
        (2) submit to the Office of the State Fire Marshal an
    amended list of persons who remain certified, are newly
    certified, or who are no longer certified.
    (h) The Office of the State Fire Marshal shall support the
program by adopting certification standards based on those
submitted by the JLMC and by establishing a roster of certified
assessors composed of persons certified by the JLMC.
    If the parties have not agreed to contract with a
particular testing company to provide certified assessors,
either party may request the Office to provide the names of
certified assessors. Within 7 days after receiving a request
from either party for a list of certified assessors, the Office
shall select at random from the roster of certified assessors a
panel numbering not less than 2 times the number of assessors
required. The parties shall augment the number by a factor of
50% by designating assessors who may serve as alternates to the
primary assessors.
    The parties shall select assessors from the list or lists
provided by the Office or from the panel obtained by the
testing company as provided above. Within 7 days following the
receipt of the list, the parties shall notify the Office of the
assessors they have selected. Unless the parties agree on an
alternate selection procedure, they shall alternatively strike
names from the list provided by the Office until only the
number of required assessors remain. A coin toss shall
determine which party strikes the first name. If the parties
fail to notify the Office in a timely manner of their selection
of assessors, the Office shall appoint the assessors required
from the roster of certified assessors. In the event an
assessor is not able to participate in the assessment center
process for which he was selected, either of the parties
involved in the promotion process may request that additional
names of certified assessors be provided by the Office.
(Source: P.A. 95-956, eff. 8-29-08.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/22/2011