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Public Act 103-0385
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| SB1707 Enrolled | LRB103 28323 AWJ 54702 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Fire Department Promotion Act is amended by |
changing Section 5 as follows:
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(50 ILCS 742/5)
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Sec. 5. Definitions. In this Act:
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"Affected department" or "department" means a full-time |
municipal fire
department that is subject to a collective |
bargaining agreement or the fire
department operated by a |
full-time fire protection district. The terms do not
include |
fire departments
operated by the State, a university, or a |
municipality with a population over
1,000,000 or any unit of |
local government other than a municipality or fire
protection |
district. The terms also do not include a combined department |
that
was providing both police and firefighting services on |
January 1, 2002.
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"Appointing authority" means the Board of Fire and Police |
Commissioners,
Board of Fire Commissioners, Civil Service |
Commissioners, Superintendent
or Department Head, Fire |
Protection District Board of Trustees, or other
entity having |
the authority to administer and grant promotions in an |
affected
department.
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"Promotion" means any appointment or advancement to a rank |
within the
affected department (1) for which an examination |
was required before January 1,
2002; (2) that is included |
within a bargaining unit; or (3) that is the next
rank |
immediately above the highest rank included within a |
bargaining unit,
provided such rank is not the only rank |
between the Fire Chief and the highest
rank included within |
the bargaining unit, or is a rank otherwise excepted under
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item (i), (ii), (iii), (iv), or (v) of this definition. |
"Promotion" does not
include appointments (i) that are for |
fewer than 180 days; (ii) to the
positions
of Superintendent, |
Chief, or other chief executive officer; (iii) to an
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exclusively administrative or executive rank for which an |
examination is not
required; (iv) to a rank that was exempted |
by a home rule municipality prior to
January 1, 2002, provided |
that after the effective date of this Act no home
rule |
municipality may exempt any future or existing ranks from the |
provisions
of this Act; or (v) to an administrative rank |
immediately below the
Superintendent, Chief, or other chief |
executive officer of an affected
department, provided such |
rank shall not be held by more than 2 persons and
there is a
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promoted rank immediately below it. Notwithstanding the |
exceptions to the
definition of "promotion" set forth in items |
(i), (ii), (iii), (iv), and (v) of
this definition, promotions |
shall include any appointments to ranks covered by
the terms |
of a collective bargaining agreement in effect on the |
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effective date
of this Act.
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"Preliminary promotion list" means the rank order of |
eligible candidates
established in accordance with subsection |
(b) of Section 20 prior to
applicable veteran's
preference |
points. A person on the preliminary promotion list who is |
eligible
for veteran's preference under the laws and |
agreements applicable to the
appointing authority may file a |
written application for that preference within
10 days after |
the initial posting of the preliminary promotion list. The
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preference shall be calculated in accordance with Section 55 |
and applied as
an addition to the person's total point score on |
the examination. The
appointing authority shall make |
adjustments to the preliminary promotion
list based on any |
veteran's preference claimed and the final adjusted
promotion |
list shall then be posted by the appointing authority.
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"Rank" means any position within the chain of command of a |
fire department to
which employees are regularly assigned to |
perform duties related to providing
fire suppression, fire |
prevention, or emergency services.
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"Final adjusted promotion list" means the promotion list |
for the position
that is in effect on the date the position is |
created or the vacancy
occurs. If there is no final adjusted |
promotion list in effect for that
position on that date, or if |
all persons on the current final adjusted
promotion list for |
that position refuse the promotion, the affected
department |
shall not make a permanent
promotion until a new final |
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adjusted promotion list has been prepared in
accordance with |
this Act, but may make a temporary appointment to fill the
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vacancy. Temporary appointments shall not exceed 180 days.
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Each component of the promotional test shall be scored on |
a scale of 100
points. The component scores shall then be |
reduced by the weighting factor
assigned to the component on |
the test and the scores of all components shall be
added to |
produce a total score based on a scale of 100 points.
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(Source: P.A. 93-411, eff. 8-4-03.)
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