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| Public Act 100-0425 | ||||
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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 Illinois Municipal Code is amended by | ||||
changing Section 10-2.1-4 and by adding Section 10-1-7.3 as | ||||
follows: | ||||
(65 ILCS 5/10-1-7.3 new) | ||||
Sec. 10-1-7.3. Appointment of fire chief. Notwithstanding | ||||
any other provision in this Division, after the effective date | ||||
of this amendatory Act of the 100th General Assembly, a person | ||||
shall not be appointed as the chief, the acting chief, the | ||||
department head, or a position, by whatever title, that is | ||||
responsible for day-to-day operations of a fire department for | ||||
greater than 180 days unless he or she possesses the following | ||||
qualifications and certifications: | ||||
(1) Office of the State Fire Marshal Firefighter Basic | ||||
Certification or Firefighter II Certification; Office of | ||||
the State Fire Marshal Fire Officer I and II | ||||
Certifications; and an associate degree in fire science or | ||||
a bachelor's degree from an accredited university or | ||||
college; or | ||||
(2) a minimum of 10 years' experience as a firefighter | ||||
at the fire department in the jurisdiction making the | ||||
appointment. | ||
This Section applies to fire departments that employ | ||
firefighters hired under Section 10-1-7.1 or 10-1-7.2 of this | ||
Division.
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(65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
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Sec. 10-2.1-4. Fire and police departments; Appointment of
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members; Certificates of appointments.The board of fire and | ||
police commissioners shall appoint all officers
and members of | ||
the fire and police departments of the municipality,
including | ||
the chief of police and the chief of the fire department,
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unless the council or board of trustees shall by ordinance as | ||
to them
otherwise provide; except as otherwise provided in this | ||
Section, and
except that in any municipality which adopts or | ||
has
adopted this Division 2.1 and also adopts or has adopted | ||
Article 5 of
this Code, the chief of police and the chief of | ||
the fire department
shall be appointed by the municipal | ||
manager, if it is provided by
ordinance in such municipality | ||
that such chiefs, or either of them,
shall not be appointed by | ||
the board of fire and police commissioners.
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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.
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After the effective date of this amendatory Act of the | ||
100th General Assembly, a person shall not be appointed as the | ||
chief, the acting chief, the department head, or a position, by | ||
whatever title, that is responsible for day-to-day operations | ||
of a fire department for greater than 180 days unless he or she | ||
possesses the following qualifications and certifications: | ||
(1) Office of the State Fire Marshal Firefighter Basic | ||
Certification or Firefighter II Certification; Office of | ||
the State Fire Marshal Fire Officer I and II | ||
Certifications; and an associate degree in fire science or | ||
a bachelor's degree from an accredited university or | ||
college; or | ||
(2) a minimum of 10 years' experience as a firefighter | ||
at the fire department in the jurisdiction making the | ||
appointment. | ||
This paragraph applies to fire departments that employ | ||
firefighters hired under the provisions of this Division. | ||
If a member of the department is appointed chief of police | ||
or chief
of the fire department prior to being eligible to | ||
retire on pension, he
shall be considered as on furlough from | ||
the rank he held immediately
prior to his appointment as chief. | ||
If he resigns as chief or is
discharged as chief prior to | ||
attaining eligibility to retire on pension,
he shall revert to | ||
and be established in whatever rank he currently holds,
except | ||
for previously appointed positions, and thereafter
be entitled | ||
to all the benefits and emoluments of that rank,
without regard | ||
as to whether a vacancy then exists in that rank.
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All appointments to each department other than that of the | ||
lowest
rank, however, shall be from the rank next below that to | ||
which the
appointment is made except as otherwise provided in | ||
this Section, and
except that the chief of police and the chief | ||
of the
fire department may be appointed from among members of | ||
the police and
fire departments, respectively, regardless of | ||
rank, unless the council
or board of trustees shall have by | ||
ordinance as to them otherwise provided.
A chief of police or | ||
the chief of the fire department, having been appointed
from | ||
among members
of the police or fire department, respectively, | ||
shall be permitted, regardless
of rank, to
take promotional
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exams and be promoted to a higher classified rank than he | ||
currently holds,
without having to
resign as chief of police or | ||
chief of the fire department.
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The sole authority to issue certificates of appointment | ||
shall be
vested in the Board of Fire and Police Commissioners | ||
and all
certificates of appointments issued to any officer or | ||
member of the fire
or police department of a municipality shall | ||
be signed by the chairman
and secretary respectively of the | ||
board of fire and police commissioners
of such municipality, | ||
upon appointment of such officer or member of the
fire and | ||
police department of such municipality by action of the board
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of fire and police commissioners. In any municipal fire | ||
department that employs full-time firefighters and is subject | ||
to a collective bargaining agreement, a person who has not | ||
qualified for regular appointment under the provisions of this | ||
Division 2.1 shall not be used as a temporary or permanent | ||
substitute for classified members of a municipality's fire | ||
department or for regular appointment as a classified member of | ||
a municipality's fire department unless mutually agreed to by | ||
the employee's certified bargaining agent. Such agreement | ||
shall be considered a permissive subject of bargaining. | ||
Municipal fire departments covered by the changes made by this | ||
amendatory Act of the 95th General Assembly that are using | ||
non-certificated employees as substitutes immediately prior to | ||
the effective date of this amendatory Act of the 95th General | ||
Assembly may, by mutual agreement with the certified bargaining | ||
agent, continue the existing practice or a modified practice | ||
and that agreement shall be considered a permissive subject of | ||
bargaining. A home rule unit may not regulate the hiring of | ||
temporary or substitute members of the municipality's fire | ||
department in a manner that is inconsistent with 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 powers and functions exercised | ||
by the State.
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The term "policemen" as used in this Division does not | ||
include
auxiliary police officers except as provided for in | ||
Section 10-2.1-6.
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Any full time member of a regular fire or police department | ||
of any
municipality which comes under the provisions of this | ||
Division or adopts
this Division 2.1 or which has adopted any | ||
of the prior Acts pertaining to
fire and police commissioners, | ||
is a city officer.
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Notwithstanding any other provision of this Section, the | ||
Chief of
Police of a department in a non-home rule municipality | ||
of more than 130,000
inhabitants may, without the advice or | ||
consent of the Board of
Fire and Police Commissioners, appoint | ||
up to 6 officers who shall be known
as deputy chiefs or | ||
assistant deputy chiefs, and whose rank shall be
immediately | ||
below that of Chief. The deputy or assistant deputy chiefs may
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be appointed from any rank of sworn officers of that | ||
municipality, but no
person who is not such a sworn officer may | ||
be so appointed. Such deputy
chief or assistant deputy chief | ||
shall have the authority to direct and
issue orders to all | ||
employees of the Department holding the rank of captain
or any | ||
lower rank.
A deputy chief of police or assistant deputy chief | ||
of police, having been
appointed from any rank
of sworn | ||
officers of that municipality, shall be permitted, regardless | ||
of rank,
to take promotional
exams and be promoted to a higher | ||
classified rank than he currently holds,
without having to
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resign as deputy chief of police or assistant deputy chief of | ||
police.
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Notwithstanding any other provision of this Section, a | ||
non-home rule
municipality of 130,000 or fewer inhabitants, | ||
through its council or board
of trustees, may, by ordinance, | ||
provide for a position of deputy chief to be
appointed by the | ||
chief of the police department. The ordinance shall provide
for | ||
no more than one deputy chief position if the police department | ||
has fewer
than 25 full-time police officers and for no more | ||
than 2 deputy chief positions
if the police department has 25 | ||
or more full-time police officers. The deputy
chief position
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shall be an exempt rank immediately below that of Chief. The | ||
deputy chief may
be appointed from any rank of sworn, full-time | ||
officers of the municipality's
police department, but must have | ||
at least 5 years of full-time service as a
police officer in | ||
that department. A deputy chief shall serve at the
discretion | ||
of the Chief and, if removed from the position,
shall revert to | ||
the rank currently held, without regard as to whether a
vacancy | ||
exists in
that rank. A deputy chief
of police, having been | ||
appointed from any rank of sworn full-time officers of
that | ||
municipality's
police department, shall be permitted, | ||
regardless of rank, to take promotional
exams and be
promoted | ||
to a higher classified rank than he currently holds, without | ||
having to
resign as deputy
chief of police.
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No municipality having a population less than 1,000,000 | ||
shall require
that any firefighter appointed to the lowest
rank | ||
serve a probationary employment period of longer than one year. | ||
The
limitation on periods of probationary employment provided | ||
in this
amendatory Act of 1989 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.
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To the extent that this Section or any other Section in | ||
this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4, | ||
then Section 10-2.1-6.3 or 10-2.1-6.4 shall control. | ||
(Source: P.A. 97-251, eff. 8-4-11; 97-813, eff. 7-13-12; | ||
98-973, eff. 8-15-14.)
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Section 10. The Fire Protection District Act is amended by | ||
adding Section 16.04b as follows: | ||
(70 ILCS 705/16.04b new) | ||
Sec. 16.04b. Appointment of fire chief. Notwithstanding | ||
any other provision in this Act, after the effective date of | ||
this amendatory Act of the 100th General Assembly, a person | ||
shall not be appointed as the chief, the acting chief, the | ||
department head, or a position, by whatever title, that is | ||
responsible for day-to-day operations of a fire protection | ||
district for greater than 180 days unless he or she possesses | ||
the following qualifications and certifications: | ||
(1) Office of the State Fire Marshal Firefighter Basic | ||
Certification or Firefighter II Certification; Office of | ||
the State Fire Marshal Fire Officer I and II | ||
Certifications; and an associate degree in fire science or | ||
a bachelor's degree from an accredited university or | ||
college; or | ||
(2) a minimum of 10 years' experience as a firefighter | ||
in the fire protection district of the jurisdiction making | ||
the appointment. | ||
This Section applies to fire protection districts that | ||
employ firefighters hired under the provisions of this Act.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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