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| Public Act 102-0188 | ||||
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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 Sections 10-1-7.2 and 10-2.1-6.4 as follows: | ||||
(65 ILCS 5/10-1-7.2) | ||||
Sec. 10-1-7.2. Alternative procedure; original | ||||
appointment; full-time firefighter. | ||||
(a) Authority. The Joint Labor and Management Committee | ||||
(JLMC), as defined in Section 50 of the Fire Department | ||||
Promotion Act, may establish a community outreach program to | ||||
market the profession of firefighter and firefighter-paramedic | ||||
so as to ensure the pool of applicants recruited is of broad | ||||
diversity and the highest quality. Nothing in this Section | ||||
requires that the Joint Labor and Management Committee | ||||
establish or operate the community outreach program or master | ||||
register of eligibles, or to contract with a testing agency to | ||||
establish or operate such program or register, unless the | ||||
Joint Labor and Management Committee chooses to do so. | ||||
For the purposes of this Section, "firefighter" means any | ||||
person who has been prior to, on, or after the effective date | ||||
of this amendatory Act of the 97th General Assembly appointed | ||||
to a fire department or fire protection district or employed | ||||
by a State university and sworn or commissioned to perform | ||
firefighter duties or paramedic duties, or both, except that | ||
the following persons are not included: part-time | ||
firefighters; auxiliary, reserve, or voluntary firefighters, | ||
including paid-on-call firefighters; clerks and dispatchers or | ||
other civilian employees of a fire department or fire | ||
protection district who are not routinely expected to perform | ||
firefighter duties; and elected officials. | ||
(b) Eligibility. Persons eligible for placement on the | ||
master register of eligibles shall consist of the following: | ||
Persons who have participated in and received a | ||
passing total score on the mental aptitude, physical | ||
ability, and preference components of a regionally | ||
administered test based on the standards described in this | ||
Section. The standards for administering these tests and | ||
the minimum passing score required for placement on this | ||
list shall be as is set forth in this Section. | ||
Qualified candidates shall be listed on the master | ||
register of eligibles in highest to lowest rank order | ||
based upon their test scores without regard to their date | ||
of examination. Candidates listed on the master register | ||
of eligibles shall be eligible for appointment for 2 years | ||
after the date of the certification of their final score | ||
on the register without regard to the date of their | ||
examination. After 2 years, the candidate's name shall be | ||
struck from the list. | ||
Any person currently employed as a full-time member of | ||
a fire department or any person who has experienced a | ||
non-voluntary (and non-disciplinary) separation from the | ||
active workforce due to a reduction in the number of | ||
departmental officers, who was appointed pursuant to this | ||
Division, Division 2.1 of Article 10 of the Illinois | ||
Municipal Code, or the Fire Protection District Act, and | ||
who during the previous 24 months participated in and | ||
received a passing score on the physical ability and | ||
mental aptitude components of the test may request that | ||
his or her name be added to the master register. Any | ||
eligible person may be offered employment by a local | ||
commission under the same procedures as provided by this | ||
Section except that the apprenticeship period may be | ||
waived and the applicant may be immediately issued a | ||
certificate of original appointment by the local | ||
commission. | ||
(c) Qualifications for placement on register of eligibles. | ||
The purpose for establishing a master register of eligibles | ||
shall be to identify applicants who possess and demonstrate | ||
the mental aptitude and physical ability to perform the duties | ||
required of members of the fire department in order to provide | ||
the highest quality of service to the public. To this end, all | ||
applicants for original appointment to an affected fire | ||
department through examination conducted by the Joint Labor | ||
and Management Committee (JLMC) shall be subject to | ||
examination and testing which shall be public, competitive, | ||
and open to all applicants. Any examination and testing | ||
procedure utilized under subsection (e) of this Section shall | ||
be supported by appropriate validation evidence and shall | ||
comply with all applicable state and federal laws. Any | ||
subjective component of the testing must be administered by | ||
certified assessors. All qualifying and disqualifying factors | ||
applicable to examination processes for local commissions in | ||
this amendatory Act of the 97th General Assembly shall be | ||
applicable to persons participating in Joint Labor and | ||
Management Committee examinations unless specifically provided | ||
otherwise in this Section. | ||
Notice of the time, place, general scope, and fee of every | ||
JLMC examination shall be given by the JLMC or designated | ||
testing agency, as applicable, by publication at least 30 days | ||
preceding the examination, in one or more newspapers published | ||
in the region, or if no newspaper is published therein, then in | ||
one or more newspapers with a general circulation within the | ||
region. The JLMC may publish the notice on the JLMC's Internet | ||
website. Additional notice of the examination may be given as | ||
the JLMC shall prescribe. | ||
(d) Examination and testing components for placement on | ||
register of eligibles. The examination and qualifying | ||
standards for placement on the master register of eligibles | ||
and employment shall be based on the following components: | ||
mental aptitude, physical ability, preferences, moral | ||
character, and health. The mental aptitude, physical ability, | ||
and preference components shall determine an applicant's | ||
qualification for and placement on the master register of | ||
eligibles. The consideration of an applicant's general moral | ||
character and health shall be administered on a pass-fail | ||
basis after a conditional offer of employment is made by a | ||
local commission. | ||
(e) Mental aptitude. Examination of an applicant's mental | ||
aptitude shall be based upon written examination and an | ||
applicant's prior experience demonstrating an aptitude for and | ||
commitment to service as a member of a fire department. | ||
Written examinations shall be practical in character and | ||
relate to those matters that fairly test the capacity of the | ||
persons examined to discharge the duties performed by members | ||
of a fire department. Written examinations shall be | ||
administered in a manner that ensures the security and | ||
accuracy of the scores achieved. Any subjective component of | ||
the testing must be administered by certified assessors. No | ||
person who does not possess a high school diploma or an | ||
equivalent high school education shall be placed on a register | ||
of eligibles. Local commissions may establish educational, | ||
emergency medical service licensure, and other pre-requisites | ||
for hire within their jurisdiction. | ||
(f) Physical ability. All candidates shall be required to | ||
undergo an examination of their physical ability to perform | ||
the essential functions included in the duties they may be | ||
called upon to perform as a member of a fire department. For | ||
the purposes of this Section, essential functions of the job | ||
are functions associated with duties that a firefighter may be | ||
called upon to perform in response to emergency calls. The | ||
frequency of the occurrence of those duties as part of the fire | ||
department's regular routine shall not be a controlling factor | ||
in the design of examination criteria or evolutions selected | ||
for testing. These physical examinations shall be open, | ||
competitive, and based on industry standards designed to test | ||
each applicant's physical abilities in each of the following | ||
dimensions: | ||
(1) Muscular strength to perform tasks and evolutions | ||
that may be required in the performance of duties | ||
including grip strength, leg strength, and arm strength. | ||
Tests shall be conducted under anaerobic as well as | ||
aerobic conditions to test both the candidate's speed and | ||
endurance in performing tasks and evolutions. Tasks tested | ||
are to be based on industry standards developed by the | ||
JLMC by rule. | ||
(2) The ability to climb ladders, operate from | ||
heights, walk or crawl in the dark along narrow and uneven | ||
surfaces, and operate in proximity to hazardous | ||
environments. | ||
(3) The ability to carry out critical, time-sensitive, | ||
and complex problem solving during physical exertion in | ||
stressful and hazardous environments. The testing | ||
environment may be hot and dark with tightly enclosed | ||
spaces, flashing lights, sirens, and other distractions. | ||
The tests utilized to measure each applicant's
| ||
capabilities in each of these dimensions may be tests based on
| ||
industry standards currently in use or equivalent tests | ||
approved by the Joint Labor-Management Committee of the Office | ||
of the State Fire Marshal. | ||
(g) Scoring of examination components. The examination | ||
components shall be graded on a 100-point scale. A person's | ||
position on the master register of eligibles shall be | ||
determined by the person's score on the written examination, | ||
the person successfully passing the physical ability | ||
component, and the addition of any applicable preference | ||
points. | ||
Applicants who have achieved at least the minimum score on | ||
the written examination, as set by the JLMC, and who | ||
successfully pass the physical ability examination shall be | ||
placed on the initial eligibility register. Minimum scores | ||
should be set by the JLMC so as to demonstrate a candidate's | ||
ability to perform the essential functions of the job. The | ||
minimum score set by the JLMC shall be
supported by | ||
appropriate validation evidence and shall comply with all | ||
applicable State and federal laws. Applicable preference | ||
points shall be added to the written examination scores for | ||
all applicants who qualify for the initial eligibility | ||
register. Applicants who score at or above the minimum passing | ||
score as set by the JLMC, including any applicable preference | ||
points, shall be placed on the master register of eligibles by | ||
the JLMC. | ||
These persons shall take rank upon the register as | ||
candidates in the order of their relative excellence based on | ||
the highest to the lowest total points scored on the mental | ||
aptitude and physical ability components, plus any applicable | ||
preference points requested and verified by the JLMC, or | ||
approved testing agency. | ||
No more than 60 days after each examination, a revised | ||
master register of eligibles shall be posted by the JLMC | ||
showing the final grades of the candidates without reference | ||
to priority of time of examination. | ||
(h) Preferences. The board shall give military, education, | ||
and experience preference points to those who qualify for | ||
placement on the master register of eligibles, on the same | ||
basis as provided for examinations administered by a local | ||
commission. | ||
No person entitled to preference or credit shall be | ||
required to claim the credit before any examination held under | ||
the provisions of this Section. The preference shall be given | ||
after the posting or publication of the applicant's initial | ||
score at the request of the person before finalizing the | ||
scores from all applicants taking part in a JLMC examination. | ||
Candidates who are eligible for preference credit shall make a | ||
claim in writing within 10 days after the posting of the | ||
initial scores from any JLMC test or the claim shall be deemed | ||
waived. Once preference points are awarded, the candidates | ||
shall be certified to the master register in accordance with | ||
their final score including preference points. | ||
(i) Firefighter apprentice and firefighter-paramedic | ||
apprentice. The employment of an applicant to an apprentice | ||
position (including a currently employed full-time member of a | ||
fire department whose apprenticeship may be reduced or waived) | ||
shall be subject to the applicant passing the moral character | ||
standards and health examinations of the local commission. In | ||
addition, a local commission may require as a condition of | ||
employment that the applicant demonstrate current physical | ||
ability by either passing the local commission's approved | ||
physical ability examination, or by presenting proof of | ||
participating in and receiving a passing score on the physical | ||
ability component of a JLMC test within a period of up to 12 | ||
months before the date of the conditional offer of employment. | ||
Applicants shall be subject to the local commission's initial | ||
hire background review including criminal history, employment | ||
history, moral character, oral examination, and medical | ||
examinations which may include polygraph, psychological, and | ||
drug screening components, all on a pass-fail basis. The | ||
medical examinations must be conducted last, and may only be | ||
performed after a conditional offer of employment has been | ||
extended. | ||
(j) Selection from list. Any municipality or fire | ||
protection district that is a party to an intergovernmental | ||
agreement under the terms of which persons have been tested | ||
for placement on the master register of eligibles shall be | ||
entitled to offer employment to any person on the list | ||
irrespective of their ranking on the list. The offer of | ||
employment shall be to the position of firefighter apprentice | ||
or firefighter-paramedic apprentice. | ||
Applicants passing these tests may be employed as a | ||
firefighter apprentice or a firefighter-paramedic apprentice | ||
who shall serve an apprenticeship period of 12 months or less | ||
according to the terms and conditions of employment as the | ||
employing municipality or district offers, or as provided for | ||
under the terms of any collective bargaining agreement then in | ||
effect. The apprenticeship period is separate from the | ||
probationary period. | ||
Service during the apprenticeship period shall be on a | ||
probationary basis. During the apprenticeship period, the | ||
apprentice's training and performance shall be monitored and | ||
evaluated by a Joint Apprenticeship Committee. | ||
The Joint Apprenticeship Committee shall consist of 4 | ||
members who shall be regular members of the fire department | ||
with at least 10 years of full-time work experience as a | ||
firefighter or firefighter-paramedic. The fire chief and the | ||
president of the exclusive bargaining representative | ||
recognized by the employer shall each appoint 2 members to the | ||
Joint Apprenticeship Committee. In the absence of an exclusive | ||
collective bargaining representative, the chief shall appoint | ||
the remaining 2 members who shall be from the ranks of company | ||
officer and firefighter with at least 10 years of work | ||
experience as a firefighter or firefighter-paramedic. In the | ||
absence of a sufficient number of qualified firefighters, the | ||
Joint Apprenticeship Committee members shall have the amount | ||
of experience and the type of qualifications as is reasonable | ||
given the circumstances of the fire department. In the absence | ||
of a full-time member in a rank between chief and the highest | ||
rank in a bargaining unit, the Joint Apprenticeship Committee | ||
shall be reduced to 2 members, one to be appointed by the chief | ||
and one by the union president, if any. If there is no | ||
exclusive bargaining representative, the chief shall appoint | ||
the second member of the Joint Apprenticeship Committee from | ||
among qualified members in the ranks of company officer and | ||
below. Before the conclusion of the apprenticeship period, the | ||
Joint Apprenticeship Committee shall meet to consider the | ||
apprentice's progress and performance and vote to retain the | ||
apprentice as a member of the fire department or to terminate | ||
the apprenticeship. If 3 of the 4 members of the Joint | ||
Apprenticeship Committee affirmatively vote to retain the | ||
apprentice (if a 2 member Joint Apprenticeship Committee | ||
exists, then both members must affirmatively vote to retain | ||
the apprentice), the local commission shall issue the | ||
apprentice a certificate of original appointment to the fire | ||
department. | ||
(k) A person who knowingly divulges or receives test | ||
questions or answers before a written examination, or | ||
otherwise knowingly violates or subverts any requirement of | ||
this Section, commits a violation of this Section and may be | ||
subject to charges for official misconduct. | ||
A person who is the knowing recipient of test information | ||
in advance of the examination shall be disqualified from the | ||
examination or discharged from the position to which he or she | ||
was appointed, as applicable, and otherwise subjected to | ||
disciplinary actions. | ||
(l) Applicability. This Section does not apply to a | ||
municipality with more than 1,000,000 inhabitants.
| ||
(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; | ||
98-760, eff. 7-16-14.) | ||
(65 ILCS 5/10-2.1-6.4) | ||
Sec. 10-2.1-6.4. Alternative procedure; original | ||
appointment; full-time firefighter. | ||
(a) Authority. The Joint Labor and Management Committee | ||
(JLMC), as defined in Section 50 of the Fire Department | ||
Promotion Act, may establish a community outreach program to | ||
market the profession of firefighter and firefighter-paramedic | ||
so as to ensure the pool of applicants recruited is of broad | ||
diversity and the highest quality. Nothing in this Section | ||
requires that the Joint Labor and Management Committee | ||
establish or operate the community outreach program or master | ||
register of eligibles, or to contract with a testing agency to | ||
establish or operate such program or register, unless the | ||
Joint Labor and Management Committee chooses to do so. | ||
For the purposes of this Section, "firefighter" means any | ||
person who has been prior to, on, or after the effective date | ||
of this amendatory Act of the 97th General Assembly appointed | ||
to a fire department or fire protection district or employed | ||
by a State university and sworn or commissioned to perform | ||
firefighter duties or paramedic duties, or both, except that | ||
the following persons are not included: part-time | ||
firefighters; auxiliary, reserve, or voluntary firefighters, | ||
including paid-on-call firefighters; clerks and dispatchers or | ||
other civilian employees of a fire department or fire | ||
protection district who are not routinely expected to perform | ||
firefighter duties; and elected officials. | ||
(b) Eligibility. Persons eligible for placement on the | ||
master register of eligibles shall consist of the following: | ||
Persons who have participated in and received a | ||
passing total score on the mental aptitude, physical | ||
ability, and preference components of a regionally | ||
administered test based on the standards described in this | ||
Section. The standards for administering these tests and | ||
the minimum passing score required for placement on this | ||
list shall be as is set forth in this Section. | ||
Qualified candidates shall be listed on the master | ||
register of eligibles in highest to lowest rank order | ||
based upon their test scores without regard to their date | ||
of examination. Candidates listed on the master register | ||
of eligibles shall be eligible for appointment for 2 years | ||
after the date of the certification of their final score | ||
on the register without regard to the date of their | ||
examination. After 2 years, the candidate's name shall be | ||
struck from the list. | ||
Any person currently employed as a full-time member of | ||
a fire department or any person who has experienced a | ||
non-voluntary (and non-disciplinary) separation from the | ||
active workforce due to a reduction in the number of | ||
departmental officers, who was appointed pursuant to | ||
Division 1 of Article 10 of the Illinois Municipal Code, | ||
Division 2.1 of Article 10 of the Illinois Municipal Code, | ||
or the Fire Protection District Act, and who during the | ||
previous 24 months participated in and received a passing | ||
score on the physical ability and mental aptitude | ||
components of the test may request that his or her name be | ||
added to the master register. Any eligible person may be | ||
offered employment by a local commission under the same | ||
procedures as provided by this Section except that the | ||
apprenticeship period may be waived and the applicant may | ||
be immediately issued a certificate of original | ||
appointment by the local commission. | ||
(c) Qualifications for placement on register of eligibles. | ||
The purpose for establishing a master register of eligibles | ||
shall be to identify applicants who possess and demonstrate | ||
the mental aptitude and physical ability to perform the duties | ||
required of members of the fire department in order to provide | ||
the highest quality of service to the public. To this end, all | ||
applicants for original appointment to an affected fire | ||
department through examination conducted by the Joint Labor | ||
and Management Committee (JLMC) shall be subject to | ||
examination and testing which shall be public, competitive, | ||
and open to all applicants. Any examination and testing | ||
procedure utilized under subsection (e) of this Section shall | ||
be supported by appropriate validation evidence and shall | ||
comply with all applicable state and federal laws. Any | ||
subjective component of the testing must be administered by | ||
certified assessors. All qualifying and disqualifying factors | ||
applicable to examination processes for local commissions in | ||
this amendatory Act of the 97th General Assembly shall be | ||
applicable to persons participating in Joint Labor and | ||
Management Committee examinations unless specifically provided | ||
otherwise in this Section. | ||
Notice of the time, place, general scope, and fee of every | ||
JLMC examination shall be given by the JLMC or designated | ||
testing agency, as applicable, by a publication at least 30 | ||
days preceding the examination, in one or more newspapers | ||
published in the region, or if no newspaper is published | ||
therein, then in one or more newspapers with a general | ||
circulation within the region. The JLMC may publish the notice | ||
on the JLMC's Internet website. Additional notice of the | ||
examination may be given as the JLMC shall prescribe. | ||
(d) Examination and testing components for placement on | ||
register of eligibles. The examination and qualifying | ||
standards for placement on the master register of eligibles | ||
and employment shall be based on the following components: | ||
mental aptitude, physical ability, preferences, moral | ||
character, and health. The mental aptitude, physical ability, | ||
and preference components shall determine an applicant's | ||
qualification for and placement on the master register of | ||
eligibles. The consideration of an applicant's general moral | ||
character and health shall be administered on a pass-fail | ||
basis after a conditional offer of employment is made by a | ||
local commission. | ||
(e) Mental aptitude. Examination of an applicant's mental | ||
aptitude shall be based upon written examination and an | ||
applicant's prior experience demonstrating an aptitude for and | ||
commitment to service as a member of a fire department. | ||
Written examinations shall be practical in character and | ||
relate to those matters that fairly test the capacity of the | ||
persons examined to discharge the duties performed by members | ||
of a fire department. Written examinations shall be | ||
administered in a manner that ensures the security and | ||
accuracy of the scores achieved. Any subjective component of | ||
the testing must be administered by certified assessors. No | ||
person who does not possess a high school diploma or an | ||
equivalent high school education shall be placed on a register | ||
of eligibles. Local commissions may establish educational, | ||
emergency medical service licensure, and other pre-requisites | ||
for hire within their jurisdiction. | ||
(f) Physical ability. All candidates shall be required to | ||
undergo an examination of their physical ability to perform | ||
the essential functions included in the duties they may be | ||
called upon to perform as a member of a fire department. For | ||
the purposes of this Section, essential functions of the job | ||
are functions associated with duties that a firefighter may be | ||
called upon to perform in response to emergency calls. The | ||
frequency of the occurrence of those duties as part of the fire | ||
department's regular routine shall not be a controlling factor | ||
in the design of examination criteria or evolutions selected | ||
for testing. These physical examinations shall be open, | ||
competitive, and based on industry standards designed to test | ||
each applicant's physical abilities in each of the following | ||
dimensions: | ||
(1) Muscular strength to perform tasks and evolutions | ||
that may be required in the performance of duties | ||
including grip strength, leg strength, and arm strength. | ||
Tests shall be conducted under anaerobic as well as | ||
aerobic conditions to test both the candidate's speed and | ||
endurance in performing tasks and evolutions. Tasks tested | ||
are to be based on industry standards developed by the | ||
JLMC by rule. | ||
(2) The ability to climb ladders, operate from | ||
heights, walk or crawl in the dark along narrow and uneven | ||
surfaces, and operate in proximity to hazardous | ||
environments. | ||
(3) The ability to carry out critical, time-sensitive, | ||
and complex problem solving during physical exertion in | ||
stressful and hazardous environments. The testing | ||
environment may be hot and dark with tightly enclosed | ||
spaces, flashing lights, sirens, and other distractions. | ||
The tests utilized to measure each applicant's
| ||
capabilities in each of these dimensions may be tests based on
| ||
industry standards currently in use or equivalent tests | ||
approved by the Joint Labor-Management Committee of the Office | ||
of the State Fire Marshal. | ||
(g) Scoring of examination components. The examination | ||
components shall be graded on a 100-point scale. A person's | ||
position on the master register of eligibles shall be | ||
determined by the person's score on the written examination, | ||
the person successfully passing the physical ability | ||
component, and the addition of any applicable preference | ||
points. | ||
Applicants who have achieved at least the minimum score as | ||
set by the JLMC, and who successfully pass the physical | ||
ability examination shall be placed on the initial eligibility | ||
register. Minimum scores should be set by the commission so as | ||
to demonstrate a candidate's ability to perform the essential | ||
functions of the job. The minimum score set by the commission | ||
shall be supported by appropriate validation evidence and | ||
shall comply with all applicable State and federal laws. | ||
Applicable preference points shall be added to the written | ||
examination scores for all applicants who qualify for the | ||
initial eligibility register. Applicants who score at or above | ||
the minimum passing score as set by the JLMC, including any | ||
applicable preference points, shall be placed on the master | ||
register of eligibles by the JLMC. | ||
These persons shall take rank upon the register as | ||
candidates in the order of their relative excellence based on | ||
the highest to the lowest total points scored on the mental | ||
aptitude and physical ability components, plus any applicable | ||
preference points requested and verified by the JLMC, or | ||
approved testing agency. | ||
No more than 60 days after each examination, a revised | ||
master register of eligibles shall be posted by the JLMC | ||
showing the final grades of the candidates without reference | ||
to priority of time of examination. | ||
(h) Preferences. The board shall give military, education, | ||
and experience preference points to those who qualify for | ||
placement on the master register of eligibles, on the same | ||
basis as provided for examinations administered by a local | ||
commission. | ||
No person entitled to preference or credit shall be | ||
required to claim the credit before any examination held under | ||
the provisions of this Section. The preference shall be given | ||
after the posting or publication of the applicant's initial | ||
score at the request of the person before finalizing the | ||
scores from all applicants taking part in a JLMC examination. | ||
Candidates who are eligible for preference credit shall make a | ||
claim in writing within 10 days after the posting of the | ||
initial scores from any JLMC test or the claim shall be deemed | ||
waived. Once preference points are awarded, the candidates | ||
shall be certified to the master register in accordance with | ||
their final score including preference points. | ||
(i) Firefighter apprentice and firefighter-paramedic | ||
apprentice. The employment of an applicant to an apprentice | ||
position (including a currently employed full-time member of a | ||
fire department whose apprenticeship may be reduced or waived) | ||
shall be subject to the applicant passing the moral character | ||
standards and health examinations of the local commission. In | ||
addition, a local commission may require as a condition of | ||
employment that the applicant demonstrate current physical | ||
ability by either passing the local commission's approved | ||
physical ability examination, or by presenting proof of | ||
participating in and receiving a passing score on the physical | ||
ability component of a JLMC test within a period of up to 12 | ||
months before the date of the conditional offer of employment. | ||
Applicants shall be subject to the local commission's initial | ||
hire background review including criminal history, employment | ||
history, moral character, oral examination, and medical | ||
examinations which may include polygraph, psychological, and | ||
drug screening components, all on a pass-fail basis. The | ||
medical examinations must be conducted last, and may only be | ||
performed after a conditional offer of employment has been | ||
extended. | ||
(j) Selection from list. Any municipality or fire | ||
protection district that is a party to an intergovernmental | ||
agreement under the terms of which persons have been tested | ||
for placement on the master register of eligibles shall be | ||
entitled to offer employment to any person on the list | ||
irrespective of their ranking on the list. The offer of | ||
employment shall be to the position of firefighter apprentice | ||
or firefighter-paramedic apprentice. | ||
Applicants passing these tests may be employed as a | ||
firefighter apprentice or a firefighter-paramedic apprentice | ||
who shall serve an apprenticeship period of 12 months or less | ||
according to the terms and conditions of employment as the | ||
employing municipality or district offers, or as provided for | ||
under the terms of any collective bargaining agreement then in | ||
effect. The apprenticeship period is separate from the | ||
probationary period. | ||
Service during the apprenticeship period shall be on a | ||
probationary basis. During the apprenticeship period, the | ||
apprentice's training and performance shall be monitored and | ||
evaluated by a Joint Apprenticeship Committee. | ||
The Joint Apprenticeship Committee shall consist of 4 | ||
members who shall be regular members of the fire department | ||
with at least 10 years of full-time work experience as a | ||
firefighter or firefighter-paramedic. The fire chief and the | ||
president of the exclusive bargaining representative | ||
recognized by the employer shall each appoint 2 members to the | ||
Joint Apprenticeship Committee. In the absence of an exclusive | ||
collective bargaining representative, the chief shall appoint | ||
the remaining 2 members who shall be from the ranks of company | ||
officer and firefighter with at least 10 years of work | ||
experience as a firefighter or firefighter-paramedic. In the | ||
absence of a sufficient number of qualified firefighters, the | ||
Joint Apprenticeship Committee members shall have the amount | ||
of experience and the type of qualifications as is reasonable | ||
given the circumstances of the fire department. In the absence | ||
of a full-time member in a rank between chief and the highest | ||
rank in a bargaining unit, the Joint Apprenticeship Committee | ||
shall be reduced to 2 members, one to be appointed by the chief | ||
and one by the union president, if any. If there is no | ||
exclusive bargaining representative, the chief shall appoint | ||
the second member of the Joint Apprenticeship Committee from | ||
among qualified members in the ranks of company officer and | ||
below. Before the conclusion of the apprenticeship period, the | ||
Joint Apprenticeship Committee shall meet to consider the | ||
apprentice's progress and performance and vote to retain the | ||
apprentice as a member of the fire department or to terminate | ||
the apprenticeship. If 3 of the 4 members of the Joint | ||
Apprenticeship Committee affirmatively vote to retain the | ||
apprentice (if a 2 member Joint Apprenticeship Committee | ||
exists, then both members must affirmatively vote to retain | ||
the apprentice), the local commission shall issue the | ||
apprentice a certificate of original appointment to the fire | ||
department. | ||
(k) A person who knowingly divulges or receives test | ||
questions or answers before a written examination, or | ||
otherwise knowingly violates or subverts any requirement of | ||
this Section, commits a violation of this Section and may be | ||
subject to charges for official misconduct. | ||
A person who is the knowing recipient of test information | ||
in advance of the examination shall be disqualified from the | ||
examination or discharged from the position to which he or she | ||
was appointed, as applicable, and otherwise subjected to | ||
disciplinary actions. | ||
(l) Applicability. This Section does not apply to a | ||
municipality with more than 1,000,000 inhabitants.
| ||
(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; | ||
98-760, eff. 7-16-14.) | ||
Section 10. The Fire Protection District Act is amended by | ||
changing Section 16.06c as follows: | ||
(70 ILCS 705/16.06c) | ||
Sec. 16.06c. Alternative procedure; original appointment; | ||
full-time firefighter. | ||
(a) Authority. The Joint Labor and Management Committee | ||
(JLMC), as defined in Section 50 of the Fire Department | ||
Promotion Act, may establish a community outreach program to | ||
market the profession of firefighter and firefighter-paramedic | ||
so as to ensure the pool of applicants recruited is of broad | ||
diversity and the highest quality. Nothing in this Section | ||
requires that the Joint Labor and Management Committee | ||
establish or operate the community outreach program or master | ||
register of eligibles, or to contract with a testing agency to | ||
establish or operate such program or register, unless the | ||
Joint Labor and Management Committee chooses to do so. | ||
For the purposes of this Section, "firefighter" means any | ||
person who has been prior to, on, or after the effective date | ||
of this amendatory Act of the 97th General Assembly appointed | ||
to a fire department or fire protection district or employed | ||
by a State university and sworn or commissioned to perform | ||
firefighter duties or paramedic duties, or both, except that | ||
the following persons are not included: part-time | ||
firefighters; auxiliary, reserve, or voluntary firefighters, | ||
including paid-on-call firefighters; clerks and dispatchers or | ||
other civilian employees of a fire department or fire | ||
protection district who are not routinely expected to perform | ||
firefighter duties; and elected officials. | ||
(b) Eligibility. Persons eligible for placement on the | ||
master register of eligibles shall consist of the following: | ||
Persons who have participated in and received a | ||
passing total score on the mental aptitude, physical | ||
ability, and preference components of a regionally | ||
administered test based on the standards described in this | ||
Section. The standards for administering these tests and | ||
the minimum passing score required for placement on this | ||
list shall be as is set forth in this Section. | ||
Qualified candidates shall be listed on the master | ||
register of eligibles in highest to lowest rank order | ||
based upon their test scores without regard to their date | ||
of examination. Candidates listed on the master register | ||
of eligibles shall be eligible for appointment for 2 years | ||
after the date of the certification of their final score | ||
on the register without regard to the date of their | ||
examination. After 2 years, the candidate's name shall be | ||
struck from the list. | ||
Any person currently employed as a full-time member of | ||
a fire department or any person who has experienced a | ||
non-voluntary (and non-disciplinary) separation from the | ||
active workforce due to a reduction in the number of | ||
departmental officers, who was appointed pursuant to | ||
Division 1 of Article 10 of the Illinois Municipal Code, | ||
Division 2.1 of Article 10 of the Illinois Municipal Code, | ||
or the Fire Protection District Act, and who during the | ||
previous 24 months participated in and received a passing | ||
score on the physical ability and mental aptitude | ||
components of the test may request that his or her name be | ||
added to the master register. Any eligible person may be | ||
offered employment by a local commission under the same | ||
procedures as provided by this Section except that the | ||
apprenticeship period may be waived and the applicant may | ||
be immediately issued a certificate of original | ||
appointment by the local commission. | ||
(c) Qualifications for placement on register of eligibles. | ||
The purpose for establishing a master register of eligibles | ||
shall be to identify applicants who possess and demonstrate | ||
the mental aptitude and physical ability to perform the duties | ||
required of members of the fire department in order to provide | ||
the highest quality of service to the public. To this end, all | ||
applicants for original appointment to an affected fire | ||
department through examination conducted by the Joint Labor | ||
and Management Committee (JLMC) shall be subject to | ||
examination and testing which shall be public, competitive, | ||
and open to all applicants. Any examination and testing | ||
procedure utilized under subsection (e) of this Section shall | ||
be supported by appropriate validation evidence and shall | ||
comply with all applicable state and federal laws. Any | ||
subjective component of the testing must be administered by | ||
certified assessors. All qualifying and disqualifying factors | ||
applicable to examination processes for local commissions in | ||
this amendatory Act of the 97th General Assembly shall be | ||
applicable to persons participating in Joint Labor and | ||
Management Committee examinations unless specifically provided | ||
otherwise in this Section. | ||
Notice of the time, place, general scope, and fee of every | ||
JLMC examination shall be given by the JLMC or designated | ||
testing agency, as applicable, by a publication at least 30 | ||
days preceding the examination, in one or more newspapers | ||
published in the region, or if no newspaper is published | ||
therein, then in one or more newspapers with a general | ||
circulation within the region. The JLMC may publish the notice | ||
on the JLMC's Internet website. Additional notice of the | ||
examination may be given as the JLMC shall prescribe. | ||
(d) Examination and testing components for placement on | ||
register of eligibles. The examination and qualifying | ||
standards for placement on the master register of eligibles | ||
and employment shall be based on the following components: | ||
mental aptitude, physical ability, preferences, moral | ||
character, and health. The mental aptitude, physical ability, | ||
and preference components shall determine an applicant's | ||
qualification for and placement on the master register of | ||
eligibles. The consideration of an applicant's general moral | ||
character and health shall be administered on a pass-fail | ||
basis after a conditional offer of employment is made by a | ||
local commission. | ||
(e) Mental aptitude. Examination of an applicant's mental | ||
aptitude shall be based upon written examination and an | ||
applicant's prior experience demonstrating an aptitude for and | ||
commitment to service as a member of a fire department. | ||
Written examinations shall be practical in character and | ||
relate to those matters that fairly test the capacity of the | ||
persons examined to discharge the duties performed by members | ||
of a fire department. Written examinations shall be | ||
administered in a manner that ensures the security and | ||
accuracy of the scores achieved. Any subjective component of | ||
the testing must be administered by certified assessors. No | ||
person who does not possess a high school diploma or an | ||
equivalent high school education shall be placed on a register | ||
of eligibles. Local commissions may establish educational, | ||
emergency medical service licensure, and other pre-requisites | ||
for hire within their jurisdiction. | ||
(f) Physical ability. All candidates shall be required to | ||
undergo an examination of their physical ability to perform | ||
the essential functions included in the duties they may be | ||
called upon to perform as a member of a fire department. For | ||
the purposes of this Section, essential functions of the job | ||
are functions associated with duties that a firefighter may be | ||
called upon to perform in response to emergency calls. The | ||
frequency of the occurrence of those duties as part of the fire | ||
department's regular routine shall not be a controlling factor | ||
in the design of examination criteria or evolutions selected | ||
for testing. These physical examinations shall be open, | ||
competitive, and based on industry standards designed to test | ||
each applicant's physical abilities in each of the following | ||
dimensions: | ||
(1) Muscular strength to perform tasks and evolutions | ||
that may be required in the performance of duties | ||
including grip strength, leg strength, and arm strength. | ||
Tests shall be conducted under anaerobic as well as | ||
aerobic conditions to test both the candidate's speed and | ||
endurance in performing tasks and evolutions. Tasks tested | ||
are to be based on industry standards developed by the | ||
JLMC by rule. | ||
(2) The ability to climb ladders, operate from | ||
heights, walk or crawl in the dark along narrow and uneven | ||
surfaces, and operate in proximity to hazardous | ||
environments. | ||
(3) The ability to carry out critical, time-sensitive, | ||
and complex problem solving during physical exertion in | ||
stressful and hazardous environments. The testing | ||
environment may be hot and dark with tightly enclosed | ||
spaces, flashing lights, sirens, and other distractions. | ||
The tests utilized to measure each applicant's
| ||
capabilities in each of these dimensions may be tests based on
| ||
industry standards currently in use or equivalent tests | ||
approved by the Joint Labor-Management Committee of the Office | ||
of the State Fire Marshal. | ||
(g) Scoring of examination components. The examination | ||
components shall be graded on a 100-point scale. A person's | ||
position on the master register of eligibles shall be | ||
determined by the person's score on the written examination, | ||
the person successfully passing the physical ability | ||
component, and the addition of any applicable preference | ||
points. | ||
Applicants who have achieved at least the minimum score as | ||
set by the JLMC on the written examination, and who | ||
successfully pass the physical ability examination shall be | ||
placed on the initial eligibility register. Minimum
scores | ||
should be set by the JLMC so as to demonstrate a candidate's | ||
ability to perform the essential functions of the job. The | ||
minimum score set by the JLMC shall be supported by | ||
appropriate validation evidence and shall comply with all | ||
applicable state and federal laws. Applicable preference | ||
points shall be added to the written examination scores for | ||
all applicants who qualify for the initial eligibility | ||
register. Applicants who score at or above the minimum passing | ||
score as set by the JLMC, including any applicable preference | ||
points, shall be placed on the master register of eligibles by | ||
the JLMC. | ||
These persons shall take rank upon the register as | ||
candidates in the order of their relative excellence based on | ||
the highest to the lowest total points scored on the mental | ||
aptitude and physical ability components, plus any applicable | ||
preference points requested and verified by the JLMC, or | ||
approved testing agency. | ||
No more than 60 days after each examination, a revised | ||
master register of eligibles shall be posted by the JLMC | ||
showing the final grades of the candidates without reference | ||
to priority of time of examination. | ||
(h) Preferences. The board shall give military, education, | ||
and experience preference points to those who qualify for | ||
placement on the master register of eligibles, on the same | ||
basis as provided for examinations administered by a local | ||
commission. | ||
No person entitled to preference or credit shall be | ||
required to claim the credit before any examination held under | ||
the provisions of this Section. The preference shall be given | ||
after the posting or publication of the applicant's initial | ||
score at the request of the person before finalizing the | ||
scores from all applicants taking part in a JLMC examination. | ||
Candidates who are eligible for preference credit shall make a | ||
claim in writing within 10 days after the posting of the | ||
initial scores from any JLMC test or the claim shall be deemed | ||
waived. Once preference points are awarded, the candidates | ||
shall be certified to the master register in accordance with | ||
their final score including preference points. | ||
(i) Firefighter apprentice and firefighter-paramedic | ||
apprentice. The employment of an applicant to an apprentice | ||
position (including a currently employed full-time member of a | ||
fire department whose apprenticeship may be reduced or waived) | ||
shall be subject to the applicant passing the moral character | ||
standards and health examinations of the local commission. In | ||
addition, a local commission may require as a condition of | ||
employment that the applicant demonstrate current physical | ||
ability by either passing the local commission's approved | ||
physical ability examination, or by presenting proof of | ||
participating in and receiving a passing score on the physical | ||
ability component of a JLMC test within a period of up to 12 | ||
months before the date of the conditional offer of employment. | ||
Applicants shall be subject to the local commission's initial | ||
hire background review including criminal history, employment | ||
history, moral character, oral examination, and medical | ||
examinations which may include polygraph, psychological, and | ||
drug screening components, all on a pass-fail basis. The | ||
medical examinations must be conducted last, and may only be | ||
performed after a conditional offer of employment has been | ||
extended. | ||
(j) Selection from list. Any municipality or fire | ||
protection district that is a party to an intergovernmental | ||
agreement under the terms of which persons have been tested | ||
for placement on the master register of eligibles shall be | ||
entitled to offer employment to any person on the list | ||
irrespective of their ranking on the list. The offer of | ||
employment shall be to the position of firefighter apprentice | ||
or firefighter-paramedic apprentice. | ||
Applicants passing these tests may be employed as a | ||
firefighter apprentice or a firefighter-paramedic apprentice | ||
who shall serve an apprenticeship period of 12 months or less | ||
according to the terms and conditions of employment as the | ||
employing municipality or district offers, or as provided for | ||
under the terms of any collective bargaining agreement then in | ||
effect. The apprenticeship period is separate from the | ||
probationary period. | ||
Service during the apprenticeship period shall be on a | ||
probationary basis. During the apprenticeship period, the | ||
apprentice's training and performance shall be monitored and | ||
evaluated by a Joint Apprenticeship Committee. | ||
The Joint Apprenticeship Committee shall consist of 4 | ||
members who shall be regular members of the fire department | ||
with at least 10 years of full-time work experience as a | ||
firefighter or firefighter-paramedic. The fire chief and the | ||
president of the exclusive bargaining representative | ||
recognized by the employer shall each appoint 2 members to the | ||
Joint Apprenticeship Committee. In the absence of an exclusive | ||
collective bargaining representative, the chief shall appoint | ||
the remaining 2 members who shall be from the ranks of company | ||
officer and firefighter with at least 10 years of work | ||
experience as a firefighter or firefighter-paramedic. In the | ||
absence of a sufficient number of qualified firefighters, the | ||
Joint Apprenticeship Committee members shall have the amount | ||
of experience and the type of qualifications as is reasonable | ||
given the circumstances of the fire department. In the absence | ||
of a full-time member in a rank between chief and the highest | ||
rank in a bargaining unit, the Joint Apprenticeship Committee | ||
shall be reduced to 2 members, one to be appointed by the chief | ||
and one by the union president, if any. If there is no | ||
exclusive bargaining representative, the chief shall appoint | ||
the second member of the Joint Apprenticeship Committee from | ||
among qualified members in the ranks of company officer and | ||
below. Before the conclusion of the apprenticeship period, the | ||
Joint Apprenticeship Committee shall meet to consider the | ||
apprentice's progress and performance and vote to retain the | ||
apprentice as a member of the fire department or to terminate | ||
the apprenticeship. If 3 of the 4 members of the Joint | ||
Apprenticeship Committee affirmatively vote to retain the | ||
apprentice (if a 2 member Joint Apprenticeship Committee | ||
exists, then both members must affirmatively vote to retain | ||
the apprentice), the local commission shall issue the | ||
apprentice a certificate of original appointment to the fire | ||
department. | ||
(k) A person who knowingly divulges or receives test | ||
questions or answers before a written examination, or | ||
otherwise knowingly violates or subverts any requirement of | ||
this Section, commits a violation of this Section and may be | ||
subject to charges for official misconduct. | ||
A person who is the knowing recipient of test information | ||
in advance of the examination shall be disqualified from the | ||
examination or discharged from the position to which he or she | ||
was appointed, as applicable, and otherwise subjected to | ||
disciplinary actions.
| ||
(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; | ||
98-760, eff. 7-16-14.)
| ||