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| Public Act 102-0375 | ||||
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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 10-1-7.1 and 10-2.1-6.3 as follows: | ||||
(65 ILCS 5/10-1-7.1) | ||||
Sec. 10-1-7.1. Original appointments; full-time fire | ||||
department. | ||||
(a) Applicability. Unless a commission elects to follow | ||||
the provisions of Section 10-1-7.2, this Section shall apply | ||||
to all original appointments to an affected full-time fire | ||||
department. Existing registers of eligibles shall continue to | ||||
be valid until their expiration dates, or up to a maximum of 2 | ||||
years after August 4, 2011 (the effective date of Public Act | ||||
97-251) this amendatory Act of the 97th General Assembly. | ||||
Notwithstanding any statute, ordinance, rule, or other law | ||||
to the contrary, all original appointments to an affected | ||||
department to which this Section applies shall be administered | ||||
in the manner provided for in this Section. Provisions of the | ||||
Illinois Municipal Code, municipal ordinances, and rules | ||||
adopted pursuant to such authority and other laws relating to | ||||
initial hiring of firefighters in affected departments shall | ||||
continue to apply to the extent they are compatible with this | ||||
Section, but in the event of a conflict between this Section | ||
and any other law, this Section shall control. | ||
A home rule or non-home rule municipality may not | ||
administer its fire department process for original | ||
appointments in a manner that is less stringent than 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 the powers and | ||
functions exercised by the State. | ||
A municipality that is operating under a court order or | ||
consent decree regarding original appointments to a full-time | ||
fire department before August 4, 2011 (the effective date of | ||
Public Act 97-251) this amendatory Act of the 97th General | ||
Assembly is exempt from the requirements of this Section for | ||
the duration of the court order or consent decree. | ||
Notwithstanding any other provision of this subsection | ||
(a), this Section does not apply to a municipality with more | ||
than 1,000,000 inhabitants. | ||
(b) Original appointments. All original appointments made | ||
to an affected fire department shall be made from a register of | ||
eligibles established in accordance with the processes | ||
established by this Section. Only persons who meet or exceed | ||
the performance standards required by this Section shall be | ||
placed on a register of eligibles for original appointment to | ||
an affected fire department. | ||
Whenever an appointing authority authorizes action to hire | ||
a person to perform the duties of a firefighter or to hire a | ||
firefighter-paramedic to fill a position that is a new | ||
position or vacancy due to resignation, discharge, promotion, | ||
death, the granting of a disability or retirement pension, or | ||
any other cause, the appointing authority shall appoint to | ||
that position the person with the highest ranking on the final | ||
eligibility list. If the appointing authority has reason to | ||
conclude that the highest ranked person fails to meet the | ||
minimum standards for the position or if the appointing | ||
authority believes an alternate candidate would better serve | ||
the needs of the department, then the appointing authority has | ||
the right to pass over the highest ranked person and appoint | ||
either: (i) any person who has a ranking in the top 5% of the | ||
register of eligibles or (ii) any person who is among the top 5 | ||
highest ranked persons on the list of eligibles if the number | ||
of people who have a ranking in the top 5% of the register of | ||
eligibles is less than 5 people. | ||
Any candidate may pass on an appointment once without | ||
losing his or her position on the register of eligibles. Any | ||
candidate who passes a second time may be removed from the list | ||
by the appointing authority provided that such action shall | ||
not prejudice a person's opportunities to participate in | ||
future examinations, including an examination held during the | ||
time a candidate is already on the municipality's register of | ||
eligibles. | ||
The sole authority to issue certificates of appointment | ||
shall be vested in the Civil Service Commission. All | ||
certificates of appointment issued to any officer or member of | ||
an affected department shall be signed by the chairperson and | ||
secretary, respectively, of the commission upon appointment of | ||
such officer or member to the affected department by the | ||
commission. After being selected from the register of | ||
eligibles to fill a vacancy in the affected department, each | ||
appointee shall be presented with his or her certificate of | ||
appointment on the day on which he or she is sworn in as a | ||
classified member of the affected department. Firefighters who | ||
were not issued a certificate of appointment when originally | ||
appointed shall be provided with a certificate within 10 days | ||
after making a written request to the chairperson of the Civil | ||
Service Commission. Each person who accepts a certificate of | ||
appointment and successfully completes his or her probationary | ||
period shall be enrolled as a firefighter and as a regular | ||
member of the fire department. | ||
For the purposes of this Section, "firefighter" means any | ||
person who has been prior to, on, or after August 4, 2011 (the | ||
effective date of Public Act 97-251) 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. | ||
(c) Qualification for placement on register of eligibles. | ||
The purpose of establishing a register of eligibles is 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 shall be subject to examination and testing which | ||
shall be public, competitive, and open to all applicants | ||
unless the municipality shall by ordinance limit applicants to | ||
residents of the municipality, county or counties in which the | ||
municipality is located, State, or nation. 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. | ||
Municipalities may establish educational, emergency medical | ||
service licensure, and other prerequisites prerequites for | ||
participation in an examination or for hire as a firefighter. | ||
Any municipality may charge a fee to cover the costs of the | ||
application process. | ||
Residency requirements in effect at the time an individual | ||
enters the fire service of a municipality cannot be made more | ||
restrictive for that individual during his or her period of | ||
service for that municipality, or be made a condition of | ||
promotion, except for the rank or position of fire chief and | ||
for no more than 2 positions that rank immediately below that | ||
of the chief rank which are appointed positions pursuant to | ||
the Fire Department Promotion Act. | ||
No person who is 35 years of age or older shall be eligible | ||
to take an examination for a position as a firefighter unless | ||
the person has had previous employment status as a firefighter | ||
in the regularly constituted fire department of the | ||
municipality, except as provided in this Section. The age | ||
limitation does not apply to: | ||
(1) any person previously employed as a full-time | ||
firefighter in a regularly constituted fire department of | ||
(i) any municipality or fire protection district located | ||
in Illinois, (ii) a fire protection district whose | ||
obligations were assumed by a municipality under Section | ||
21 of the Fire Protection District Act, or (iii) a | ||
municipality whose obligations were taken over by a fire | ||
protection district, | ||
(2) any person who has served a municipality as a | ||
regularly enrolled volunteer, paid-on-call, or part-time | ||
firefighter for the 5 years immediately preceding the time | ||
that the municipality begins to use full-time firefighters | ||
to provide all or part of its fire protection service, or | ||
(3) any person who turned 35 while serving as a member | ||
of the active or reserve components of any of the branches | ||
of the Armed Forces of the United States or the National | ||
Guard of any state, whose service was characterized as | ||
honorable or under honorable, if separated from the | ||
military, and is currently under the age of 40. | ||
No person who is under 21 years of age shall be eligible | ||
for employment as a firefighter. | ||
No applicant shall be examined concerning his or her | ||
political or religious opinions or affiliations. The | ||
examinations shall be conducted by the commissioners of the | ||
municipality or their designees and agents. | ||
No municipality shall require that any firefighter | ||
appointed to the lowest rank serve a probationary employment | ||
period of longer than one year of actual active employment, | ||
which may exclude periods of training, or injury or illness | ||
leaves, including duty related leave, in excess of 30 calendar | ||
days. 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. | ||
In the event that any applicant who has been found | ||
eligible for appointment and whose name has been placed upon | ||
the final eligibility register provided for in this Division 1 | ||
has not been appointed to a firefighter position within one | ||
year after the date of his or her physical ability | ||
examination, the commission may cause a second examination to | ||
be made of that applicant's physical ability prior to his or | ||
her appointment. If, after the second examination, the | ||
physical ability of the applicant shall be found to be less | ||
than the minimum standard fixed by the rules of the | ||
commission, the applicant shall not be appointed. The | ||
applicant's name may be retained upon the register of | ||
candidates eligible for appointment and when next reached for | ||
certification and appointment that applicant may be again | ||
examined as provided in this Section, and if the physical | ||
ability of that applicant is found to be less than the minimum | ||
standard fixed by the rules of the commission, the applicant | ||
shall not be appointed, and the name of the applicant shall be | ||
removed from the register. | ||
(d) Notice, examination, and testing components. Notice of | ||
the time, place, general scope, merit criteria for any | ||
subjective component, and fee of every examination shall be | ||
given by the commission, by a publication at least 2 weeks | ||
preceding the examination: (i) in one or more newspapers | ||
published in the municipality, or if no newspaper is published | ||
therein, then in one or more newspapers with a general | ||
circulation within the municipality, or (ii) on the | ||
municipality's Internet website. Additional notice of the | ||
examination may be given as the commission shall prescribe. | ||
The examination and qualifying standards for employment of | ||
firefighters shall be based on: 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 final register of eligibles. The examination may also | ||
include a subjective component based on merit criteria as | ||
determined by the commission. Scores from the examination must | ||
be made available to the public. | ||
(e) Mental aptitude. No person who does not possess at | ||
least a high school diploma or an equivalent high school | ||
education shall be placed on a register of eligibles. | ||
Examination of an applicant's mental aptitude shall be based | ||
upon a written examination. The examination 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. | ||
(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 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 | ||
may be based on standards developed, or approved, by the | ||
local appointing authority. | ||
(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
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capabilities in each of these dimensions may be tests based on
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industry standards currently in use or equivalent tests | ||
approved by the Joint Labor-Management Committee of the Office | ||
of the State Fire Marshal. | ||
Physical ability examinations administered under this | ||
Section shall be conducted with a reasonable number of | ||
proctors and monitors, open to the public, and subject to | ||
reasonable regulations of the commission. | ||
(g) Scoring of examination components. Appointing | ||
authorities may create a preliminary eligibility register. A | ||
person shall be placed on the list based upon his or her | ||
passage of the written examination or the passage of the | ||
written examination and the physical ability component. | ||
Passage of the written examination means attaining the minimum | ||
score set by the commission. 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. The appointing authority may conduct the | ||
physical ability component and any subjective components | ||
subsequent to the posting of the preliminary eligibility | ||
register. | ||
The examination components for an initial eligibility | ||
register shall be graded on a 100-point scale. A person's | ||
position on the list shall be determined by the following: (i)
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the person's score on the written examination, (ii) the person
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successfully passing the physical ability component, and (iii) | ||
the
person's results on any subjective component as described | ||
in
subsection (d). | ||
In order to qualify for placement on the final eligibility | ||
register, an applicant's score on the written examination, | ||
before any applicable preference points or subjective points | ||
are applied, shall be at or above the minimum score set by the | ||
commission. The local appointing authority may prescribe the | ||
score to qualify for placement on the final eligibility | ||
register, but the score shall not be less than the minimum | ||
score set by the commission. | ||
The commission shall prepare and keep a register of | ||
persons whose total score is not less than the minimum score | ||
for passage and who have passed the physical ability | ||
examination. 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, subjective component, and preference components of | ||
the test administered in accordance with this Section. No more | ||
than 60 days after each examination, an initial eligibility | ||
list shall be posted by the commission. The list shall include | ||
the final grades of the candidates without reference to | ||
priority of the time of examination and subject to claim for | ||
preference credit. | ||
Commissions may conduct additional examinations, including | ||
without limitation a polygraph test, after a final eligibility | ||
register is established and before it expires with the | ||
candidates ranked by total score without regard to date of | ||
examination. No more than 60 days after each examination, an | ||
initial eligibility list shall be posted by the commission | ||
showing the final grades of the candidates without reference | ||
to priority of time of examination and subject to claim for | ||
preference credit. | ||
(h) Preferences. The following are preferences: | ||
(1) Veteran preference. Persons who were engaged in | ||
the military service of the United States for a period of | ||
at least one year of active duty and who were honorably | ||
discharged therefrom, or who are now or have been members | ||
on inactive or reserve duty in such military or naval | ||
service, shall be preferred for appointment to and | ||
employment with the fire department of an affected | ||
department. | ||
(2) Fire cadet preference. Persons who have | ||
successfully completed 2 years of study in fire techniques | ||
or cadet training within a cadet program established under | ||
the rules of the Joint Labor and Management Committee | ||
(JLMC), as defined in Section 50 of the Fire Department | ||
Promotion Act, may be preferred for appointment to and | ||
employment with the fire department. | ||
(3) Educational preference. Persons who have | ||
successfully obtained an associate's degree in the field | ||
of fire service or emergency medical services, or a | ||
bachelor's degree from an accredited college or university | ||
may be preferred for appointment to and employment with | ||
the fire department. | ||
(4) Paramedic preference. Persons who have obtained a | ||
license as a paramedic may be preferred for appointment to | ||
and employment with the fire department of an affected | ||
department providing emergency medical services. | ||
(5) Experience preference. All persons employed by a | ||
municipality who have been paid-on-call or part-time | ||
certified Firefighter II, certified Firefighter III, State | ||
of Illinois or nationally licensed EMT, EMT-I, A-EMT, or | ||
paramedic, or any combination of those capacities may be | ||
awarded up to a maximum of 5 points. However, the | ||
applicant may not be awarded more than 0.5 points for each | ||
complete year of paid-on-call or part-time service. | ||
Applicants from outside the municipality who were employed | ||
as full-time firefighters or firefighter-paramedics by a | ||
fire protection district or another municipality may be | ||
awarded up to 5 experience preference points. However, the | ||
applicant may not be awarded more than one point for each | ||
complete year of full-time service. | ||
Upon request by the commission, the governing body of | ||
the municipality or in the case of applicants from outside | ||
the municipality the governing body of any fire protection | ||
district or any other municipality shall certify to the | ||
commission, within 10 days after the request, the number | ||
of years of successful paid-on-call, part-time, or | ||
full-time service of any person. A candidate may not | ||
receive the full amount of preference points under this | ||
subsection if the amount of points awarded would place the | ||
candidate before a veteran on the eligibility list. If | ||
more than one candidate receiving experience preference | ||
points is prevented from receiving all of their points due | ||
to not being allowed to pass a veteran, the candidates | ||
shall be placed on the list below the veteran in rank order | ||
based on the totals received if all points under this | ||
subsection were to be awarded. Any remaining ties on the | ||
list shall be determined by lot. | ||
(6) Residency preference. Applicants whose principal | ||
residence is located within the fire department's | ||
jurisdiction may be preferred for appointment to and | ||
employment with the fire department. | ||
(7) Additional preferences. Up to 5 additional | ||
preference points may be awarded for unique categories | ||
based on an applicant's experience or background as | ||
identified by the commission. | ||
(7.5) Apprentice preferences. A person who has | ||
performed fire suppression service for a department as a | ||
firefighter apprentice and otherwise meet the | ||
qualifications for original appointment as a firefighter | ||
specified in this Section may be awarded up to 20 | ||
preference points. To qualify for preference points, an | ||
applicant shall have completed a minimum of 600 hours of | ||
fire suppression work on a regular shift for the affected | ||
fire department over a 12-month period. The fire | ||
suppression work must be in accordance with Section | ||
10-1-14 of this Division and the terms established by a | ||
Joint Apprenticeship Committee included in a collective | ||
bargaining agreement agreed between the employer and its | ||
certified bargaining agent. An eligible applicant must | ||
apply to the Joint Apprenticeship Committee for preference | ||
points under this item. The Joint Apprenticeship Committee | ||
shall evaluate the merit of the applicant's performance, | ||
determine the preference points to be awarded, and certify | ||
the amount of points awarded to the commissioners. The | ||
commissioners may add the certified preference points to | ||
the final grades achieved by the applicant on the other | ||
components of the examination. | ||
(8) Scoring of preferences. The commission shall give | ||
preference for original appointment to persons designated | ||
in item (1)
by adding to the final grade that they receive | ||
5 points
for the recognized preference achieved. The | ||
commission may give preference for original appointment to | ||
persons designated in item (7.5) by adding to the final | ||
grade the amount of points designated by the Joint | ||
Apprenticeship Committee as defined in item (7.5). The | ||
commission shall determine the number of preference points | ||
for each category, except (1) and (7.5). The number of | ||
preference points for each category shall range from 0 to | ||
5, except item (7.5). In determining the number of | ||
preference points, the commission shall prescribe that if | ||
a candidate earns the maximum number of preference points | ||
in all categories except item (7.5), that number may not | ||
be less than 10 nor more than 30. The commission shall give | ||
preference for original appointment to persons designated | ||
in items (2) through (7) by adding the requisite number of | ||
points to the final grade for each recognized preference | ||
achieved. The numerical result thus attained shall be | ||
applied by the commission in determining the final | ||
eligibility list and appointment from the eligibility | ||
list. The local appointing authority may prescribe the | ||
total number of preference points awarded under this | ||
Section, but the total number of preference points, except | ||
item (7.5), shall not be less than 10 points or more than | ||
30 points. Apprentice preference points may be added in | ||
addition to other preference points awarded by the | ||
commission. | ||
No person entitled to any preference shall be required to | ||
claim the credit before any examination held under the | ||
provisions of this Section, but the preference shall be given | ||
after the posting or publication of the initial eligibility | ||
list or register at the request of a person entitled to a | ||
credit before any certification or appointments are made from | ||
the eligibility register, upon the furnishing of verifiable | ||
evidence and proof of qualifying preference credit. Candidates | ||
who are eligible for preference credit shall make a claim in | ||
writing within 10 days after the posting of the initial | ||
eligibility list, or the claim shall be deemed waived. Final | ||
eligibility registers shall be established after the awarding | ||
of verified preference points. However, apprentice preference | ||
credit earned subsequent to the establishment of the final | ||
eligibility register may be applied to the applicant's score | ||
upon certification by the Joint Apprenticeship Committee to | ||
the commission and the rank order of candidates on the final | ||
eligibility register shall be adjusted accordingly. All | ||
employment shall be subject to the commission's initial hire | ||
background review including, but not limited to, criminal | ||
history, employment history, moral character, oral | ||
examination, and medical and psychological examinations, all | ||
on a pass-fail basis. The medical and psychological | ||
examinations must be conducted last, and may only be performed | ||
after a conditional offer of employment has been extended. | ||
Any person placed on an eligibility list who exceeds the | ||
age requirement before being appointed to a fire department | ||
shall remain eligible for appointment until the list is | ||
abolished, or his or her name has been on the list for a period | ||
of 2 years. No person who has attained the age of 35 years | ||
shall be inducted into a fire department, except as otherwise | ||
provided in this Section. | ||
The commission shall strike off the names of candidates | ||
for original appointment after the names have been on the list | ||
for more than 2 years. | ||
(i) Moral character. No person shall be appointed to a | ||
fire department unless he or she is a person of good character; | ||
not a habitual drunkard, a gambler, or a person who has been | ||
convicted of a felony or a crime involving moral turpitude. | ||
However, no person shall be disqualified from appointment to | ||
the fire department because of the person's record of | ||
misdemeanor convictions except those under Sections 11-6, | ||
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and | ||
subsections 1, 6, and 8 of Section 24-1 of the Criminal Code of | ||
1961 or the Criminal Code of 2012, or arrest for any cause | ||
without conviction thereon. Any such person who is in the | ||
department may be removed on charges brought for violating | ||
this subsection and after a trial as hereinafter provided. | ||
A classifiable set of the fingerprints of every person who | ||
is offered employment as a certificated member of an affected | ||
fire department whether with or without compensation, shall be | ||
furnished to the Illinois Department of State Police and to | ||
the Federal Bureau of Investigation by the commission. | ||
Whenever a commission is authorized or required by law to | ||
consider some aspect of criminal history record information | ||
for the purpose of carrying out its statutory powers and | ||
responsibilities, then, upon request and payment of fees in | ||
conformance with the requirements of Section 2605-400 of the | ||
State Police Law of the Civil Administrative Code of Illinois, | ||
the Department of State Police is authorized to furnish, | ||
pursuant to positive identification, the information contained | ||
in State files as is necessary to fulfill the request. | ||
(j) Temporary appointments. In order to prevent a stoppage | ||
of public business, to meet extraordinary exigencies, or to | ||
prevent material impairment of the fire department, the | ||
commission may make temporary appointments, to remain in force | ||
only until regular appointments are made under the provisions | ||
of this Division, but never to exceed 60 days. No temporary | ||
appointment of any one person shall be made more than twice in | ||
any calendar year. | ||
(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. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19; | ||
revised 11-26-19.) | ||
(65 ILCS 5/10-2.1-6.3) | ||
Sec. 10-2.1-6.3. Original appointments; full-time fire | ||
department. | ||
(a) Applicability. Unless a commission elects to follow | ||
the provisions of Section 10-2.1-6.4, this Section shall apply | ||
to all original appointments to an affected full-time fire | ||
department. Existing registers of eligibles shall continue to | ||
be valid until their expiration dates, or up to a maximum of 2 | ||
years after August 4, 2011 (the effective date of Public Act | ||
97-251) this amendatory Act of the 97th General Assembly. | ||
Notwithstanding any statute, ordinance, rule, or other law | ||
to the contrary, all original appointments to an affected | ||
department to which this Section applies shall be administered | ||
in the manner provided for in this Section. Provisions of the | ||
Illinois Municipal Code, municipal ordinances, and rules | ||
adopted pursuant to such authority and other laws relating to | ||
initial hiring of firefighters in affected departments shall | ||
continue to apply to the extent they are compatible with this | ||
Section, but in the event of a conflict between this Section | ||
and any other law, this Section shall control. | ||
A home rule or non-home rule municipality may not | ||
administer its fire department process for original | ||
appointments in a manner that is less stringent than 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 the powers and | ||
functions exercised by the State. | ||
A municipality that is operating under a court order or | ||
consent decree regarding original appointments to a full-time | ||
fire department before August 4, 2011 (the effective date of | ||
Public Act 97-251) this amendatory Act of the 97th General | ||
Assembly is exempt from the requirements of this Section for | ||
the duration of the court order or consent decree. | ||
Notwithstanding any other provision of this subsection | ||
(a), this Section does not apply to a municipality with more | ||
than 1,000,000 inhabitants. | ||
(b) Original appointments. All original appointments made | ||
to an affected fire department shall be made from a register of | ||
eligibles established in accordance with the processes | ||
established by this Section. Only persons who meet or exceed | ||
the performance standards required by this Section shall be | ||
placed on a register of eligibles for original appointment to | ||
an affected fire department. | ||
Whenever an appointing authority authorizes action to hire | ||
a person to perform the duties of a firefighter or to hire a | ||
firefighter-paramedic to fill a position that is a new | ||
position or vacancy due to resignation, discharge, promotion, | ||
death, the granting of a disability or retirement pension, or | ||
any other cause, the appointing authority shall appoint to | ||
that position the person with the highest ranking on the final | ||
eligibility list. If the appointing authority has reason to | ||
conclude that the highest ranked person fails to meet the | ||
minimum standards for the position or if the appointing | ||
authority believes an alternate candidate would better serve | ||
the needs of the department, then the appointing authority has | ||
the right to pass over the highest ranked person and appoint | ||
either: (i) any person who has a ranking in the top 5% of the | ||
register of eligibles or (ii) any person who is among the top 5 | ||
highest ranked persons on the list of eligibles if the number | ||
of people who have a ranking in the top 5% of the register of | ||
eligibles is less than 5 people. | ||
Any candidate may pass on an appointment once without | ||
losing his or her position on the register of eligibles. Any | ||
candidate who passes a second time may be removed from the list | ||
by the appointing authority provided that such action shall | ||
not prejudice a person's opportunities to participate in | ||
future examinations, including an examination held during the | ||
time a candidate is already on the municipality's register of | ||
eligibles. | ||
The sole authority to issue certificates of appointment | ||
shall be vested in the board of fire and police commissioners. | ||
All certificates of appointment issued to any officer or | ||
member of an affected department shall be signed by the | ||
chairperson and secretary, respectively, of the board upon | ||
appointment of such officer or member to the affected | ||
department by action of the board. After being selected from | ||
the register of eligibles to fill a vacancy in the affected | ||
department, each appointee shall be presented with his or her | ||
certificate of appointment on the day on which he or she is | ||
sworn in as a classified member of the affected department. | ||
Firefighters who were not issued a certificate of appointment | ||
when originally appointed shall be provided with a certificate | ||
within 10 days after making a written request to the | ||
chairperson of the board of fire and police commissioners. | ||
Each person who accepts a certificate of appointment and | ||
successfully completes his or her probationary period shall be | ||
enrolled as a firefighter and as a regular member of the fire | ||
department. | ||
For the purposes of this Section, "firefighter" means any | ||
person who has been prior to, on, or after August 4, 2011 (the | ||
effective date of Public Act 97-251) 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. | ||
(c) Qualification for placement on register of eligibles. | ||
The purpose of establishing a register of eligibles is 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 shall be subject to examination and testing which | ||
shall be public, competitive, and open to all applicants | ||
unless the municipality shall by ordinance limit applicants to | ||
residents of the municipality, county or counties in which the | ||
municipality is located, State, or nation. 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. | ||
Municipalities may establish educational, emergency medical | ||
service licensure, and other prerequisites prerequites for | ||
participation in an examination or for hire as a firefighter. | ||
Any municipality may charge a fee to cover the costs of the | ||
application process. | ||
Residency requirements in effect at the time an individual | ||
enters the fire service of a municipality cannot be made more | ||
restrictive for that individual during his or her period of | ||
service for that municipality, or be made a condition of | ||
promotion, except for the rank or position of fire chief and | ||
for no more than 2 positions that rank immediately below that | ||
of the chief rank which are appointed positions pursuant to | ||
the Fire Department Promotion Act. | ||
No person who is 35 years of age or older shall be eligible | ||
to take an examination for a position as a firefighter unless | ||
the person has had previous employment status as a firefighter | ||
in the regularly constituted fire department of the | ||
municipality, except as provided in this Section. The age | ||
limitation does not apply to: | ||
(1) any person previously employed as a full-time | ||
firefighter in a regularly constituted fire department of | ||
(i) any municipality or fire protection district located | ||
in Illinois, (ii) a fire protection district whose | ||
obligations were assumed by a municipality under Section | ||
21 of the Fire Protection District Act, or (iii) a | ||
municipality whose obligations were taken over by a fire | ||
protection district, | ||
(2) any person who has served a municipality as a | ||
regularly enrolled volunteer, paid-on-call, or part-time | ||
firefighter for the 5 years immediately preceding the time | ||
that the municipality begins to use full-time firefighters | ||
to provide all or part of its fire protection service, or | ||
(3) any person who turned 35 while serving as a member | ||
of the active or reserve components of any of the branches | ||
of the Armed Forces of the United States or the National | ||
Guard of any state, whose service was characterized as | ||
honorable or under honorable, if separated from the | ||
military, and is currently under the age of 40. | ||
No person who is under 21 years of age shall be eligible | ||
for employment as a firefighter. | ||
No applicant shall be examined concerning his or her | ||
political or religious opinions or affiliations. The | ||
examinations shall be conducted by the commissioners of the | ||
municipality or their designees and agents. | ||
No municipality shall require that any firefighter | ||
appointed to the lowest rank serve a probationary employment | ||
period of longer than one year of actual active employment, | ||
which may exclude periods of training, or injury or illness | ||
leaves, including duty related leave, in excess of 30 calendar | ||
days. 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. | ||
In the event that any applicant who has been found | ||
eligible for appointment and whose name has been placed upon | ||
the final eligibility register provided for in this Section | ||
has not been appointed to a firefighter position within one | ||
year after the date of his or her physical ability | ||
examination, the commission may cause a second examination to | ||
be made of that applicant's physical ability prior to his or | ||
her appointment. If, after the second examination, the | ||
physical ability of the applicant shall be found to be less | ||
than the minimum standard fixed by the rules of the | ||
commission, the applicant shall not be appointed. The | ||
applicant's name may be retained upon the register of | ||
candidates eligible for appointment and when next reached for | ||
certification and appointment that applicant may be again | ||
examined as provided in this Section, and if the physical | ||
ability of that applicant is found to be less than the minimum | ||
standard fixed by the rules of the commission, the applicant | ||
shall not be appointed, and the name of the applicant shall be | ||
removed from the register. | ||
(d) Notice, examination, and testing components. Notice of | ||
the time, place, general scope, merit criteria for any | ||
subjective component, and fee of every examination shall be | ||
given by the commission, by a publication at least 2 weeks | ||
preceding the examination: (i) in one or more newspapers | ||
published in the municipality, or if no newspaper is published | ||
therein, then in one or more newspapers with a general | ||
circulation within the municipality, or (ii) on the | ||
municipality's Internet website. Additional notice of the | ||
examination may be given as the commission shall prescribe. | ||
The examination and qualifying standards for employment of | ||
firefighters shall be based on: 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 final register of eligibles. The examination may also | ||
include a subjective component based on merit criteria as | ||
determined by the commission. Scores from the examination must | ||
be made available to the public. | ||
(e) Mental aptitude. No person who does not possess at | ||
least a high school diploma or an equivalent high school | ||
education shall be placed on a register of eligibles. | ||
Examination of an applicant's mental aptitude shall be based | ||
upon a written examination. The examination 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. | ||
(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 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 | ||
may be based on standards developed, or approved, by the | ||
local appointing authority. | ||
(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. | ||
Physical ability examinations administered under this | ||
Section shall be conducted with a reasonable number of | ||
proctors and monitors, open to the public, and subject to | ||
reasonable regulations of the commission. | ||
(g) Scoring of examination components. Appointing | ||
authorities may create a preliminary eligibility register. A | ||
person shall be placed on the list based upon his or her | ||
passage of the written examination or the passage of the | ||
written examination and the physical ability component. | ||
Passage of the written examination means attaining the minimum | ||
score set by the commission. 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. The appointing authority may conduct the | ||
physical ability component and any subjective components | ||
subsequent to the posting of the preliminary eligibility | ||
register. | ||
The examination components for an initial eligibility | ||
register shall be graded on a 100-point scale. A person's | ||
position on the list shall be determined by the following: (i)
| ||
the person's score on the written examination, (ii) the person
| ||
successfully passing the physical ability component, and (iii) | ||
the
person's results on any subjective component as described | ||
in
subsection (d). | ||
In order to qualify for placement on the final eligibility | ||
register, an applicant's score on the written examination, | ||
before any applicable preference points or subjective points | ||
are applied, shall be at or above the minimum score as set by | ||
the commission. The local appointing authority may prescribe | ||
the score to qualify for placement on the final eligibility | ||
register, but the score shall not be less than the minimum | ||
score set by the commission. | ||
The commission shall prepare and keep a register of | ||
persons whose total score is not less than the minimum score | ||
for passage and who have passed the physical ability | ||
examination. 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, subjective component, and preference components of | ||
the test administered in accordance with this Section. No more | ||
than 60 days after each examination, an initial eligibility | ||
list shall be posted by the commission. The list shall include | ||
the final grades of the candidates without reference to | ||
priority of the time of examination and subject to claim for | ||
preference credit. | ||
Commissions may conduct additional examinations, including | ||
without limitation a polygraph test, after a final eligibility | ||
register is established and before it expires with the | ||
candidates ranked by total score without regard to date of | ||
examination. No more than 60 days after each examination, an | ||
initial eligibility list shall be posted by the commission | ||
showing the final grades of the candidates without reference | ||
to priority of time of examination and subject to claim for | ||
preference credit. | ||
(h) Preferences. The following are preferences: | ||
(1) Veteran preference. Persons who were engaged in | ||
the military service of the United States for a period of | ||
at least one year of active duty and who were honorably | ||
discharged therefrom, or who are now or have been members | ||
on inactive or reserve duty in such military or naval | ||
service, shall be preferred for appointment to and | ||
employment with the fire department of an affected | ||
department. | ||
(2) Fire cadet preference. Persons who have | ||
successfully completed 2 years of study in fire techniques | ||
or cadet training within a cadet program established under | ||
the rules of the Joint Labor and Management Committee | ||
(JLMC), as defined in Section 50 of the Fire Department | ||
Promotion Act, may be preferred for appointment to and | ||
employment with the fire department. | ||
(3) Educational preference. Persons who have | ||
successfully obtained an associate's degree in the field | ||
of fire service or emergency medical services, or a | ||
bachelor's degree from an accredited college or university | ||
may be preferred for appointment to and employment with | ||
the fire department. | ||
(4) Paramedic preference. Persons who have obtained a | ||
license as a paramedic shall be preferred for appointment | ||
to and employment with the fire department of an affected | ||
department providing emergency medical services. | ||
(5) Experience preference. All persons employed by a | ||
municipality who have been paid-on-call or part-time | ||
certified Firefighter II, State of Illinois or nationally | ||
licensed EMT, EMT-I, A-EMT, or any combination of those | ||
capacities shall be awarded 0.5 point for each year of | ||
successful service in one or more of those capacities, up | ||
to a maximum of 5 points. Certified Firefighter III and | ||
State of Illinois or nationally licensed paramedics shall | ||
be awarded one point per year up to a maximum of 5 points. | ||
Applicants from outside the municipality who were employed | ||
as full-time firefighters or firefighter-paramedics by a | ||
fire protection district or another municipality for at | ||
least 2 years shall be awarded 5 experience preference | ||
points. These additional points presuppose a rating scale | ||
totaling 100 points available for the eligibility list. If | ||
more or fewer points are used in the rating scale for the | ||
eligibility list, the points awarded under this subsection | ||
shall be increased or decreased by a factor equal to the | ||
total possible points available for the examination | ||
divided by 100. | ||
Upon request by the commission, the governing body of | ||
the municipality or in the case of applicants from outside | ||
the municipality the governing body of any fire protection | ||
district or any other municipality shall certify to the | ||
commission, within 10 days after the request, the number | ||
of years of successful paid-on-call, part-time, or | ||
full-time service of any person. A candidate may not | ||
receive the full amount of preference points under this | ||
subsection if the amount of points awarded would place the | ||
candidate before a veteran on the eligibility list. If | ||
more than one candidate receiving experience preference | ||
points is prevented from receiving all of their points due | ||
to not being allowed to pass a veteran, the candidates | ||
shall be placed on the list below the veteran in rank order | ||
based on the totals received if all points under this | ||
subsection were to be awarded. Any remaining ties on the | ||
list shall be determined by lot. | ||
(6) Residency preference. Applicants whose principal | ||
residence is located within the fire department's | ||
jurisdiction shall be preferred for appointment to and | ||
employment with the fire department. | ||
(7) Additional preferences. Up to 5 additional | ||
preference points may be awarded for unique categories | ||
based on an applicant's experience or background as | ||
identified by the commission. | ||
(7.5) Apprentice preferences. A person who has | ||
performed fire suppression service for a department as a | ||
firefighter apprentice and otherwise meet the | ||
qualifications for original appointment as a firefighter | ||
specified in this Section are eligible to be awarded up to | ||
20 preference points. To qualify for preference points, an | ||
applicant shall have completed a minimum of 600 hours of | ||
fire suppression work on a regular shift for the affected | ||
fire department over a 12-month period. The fire | ||
suppression work must be in accordance with Section | ||
10-2.1-4 of this Division and the terms established by a | ||
Joint Apprenticeship Committee included in a collective | ||
bargaining agreement agreed between the employer and its | ||
certified bargaining agent. An eligible applicant must | ||
apply to the Joint Apprenticeship Committee for preference | ||
points under this item. The Joint Apprenticeship Committee | ||
shall evaluate the merit of the applicant's performance, | ||
determine the preference points to be awarded, and certify | ||
the amount of points awarded to the commissioners. The | ||
commissioners may add the certified preference points to | ||
the final grades achieved by the applicant on the other | ||
components of the examination. | ||
(8) Scoring of preferences. The commission may give | ||
preference for original appointment
to persons designated | ||
in item (1)
by adding to the final grade that they receive | ||
5 points
for the recognized preference achieved. The | ||
commission may give preference for original appointment to | ||
persons designated in item (7.5) by adding to the final | ||
grade the amount of points designated by the Joint | ||
Apprenticeship Committee as defined in item (7.5). The | ||
commission shall determine the number of preference points | ||
for each category, except (1) and (7.5). The number of | ||
preference points for each category shall range from 0 to | ||
5, except item (7.5). In determining the number of | ||
preference points, the commission shall prescribe that if | ||
a candidate earns the maximum number of preference points | ||
in all categories except item (7.5), that number may not | ||
be less than 10 nor more than 30. The commission shall give | ||
preference for original appointment to persons designated | ||
in items (2) through (7) by adding the requisite number of | ||
points to the final grade for each recognized preference | ||
achieved. The numerical result thus attained shall be | ||
applied by the commission in determining the final | ||
eligibility list and appointment from the eligibility | ||
list. The local appointing authority may prescribe the | ||
total number of preference points awarded under this | ||
Section, but the total number of preference points, except | ||
item (7.5), shall not be less than 10 points or more than | ||
30 points. Apprentice preference points may be added in | ||
addition to other preference points awarded by the | ||
commission. | ||
No person entitled to any preference shall be required to | ||
claim the credit before any examination held under the | ||
provisions of this Section, but the preference may be given | ||
after the posting or publication of the initial eligibility | ||
list or register at the request of a person entitled to a | ||
credit before any certification or appointments are made from | ||
the eligibility register, upon the furnishing of verifiable | ||
evidence and proof of qualifying preference credit. Candidates | ||
who are eligible for preference credit may make a claim in | ||
writing within 10 days after the posting of the initial | ||
eligibility list, or the claim may be deemed waived. Final | ||
eligibility registers may be established after the awarding of | ||
verified preference points. However, apprentice preference | ||
credit earned subsequent to the establishment of the final | ||
eligibility register may be applied to the applicant's score | ||
upon certification by the Joint Apprenticeship Committee to | ||
the commission and the rank order of candidates on the final | ||
eligibility register shall be adjusted accordingly. All | ||
employment shall be subject to the commission's initial hire | ||
background review, including, but not limited to, criminal | ||
history, employment history, moral character, oral | ||
examination, and medical and psychological examinations, all | ||
on a pass-fail basis. The medical and psychological | ||
examinations must be conducted last, and may only be performed | ||
after a conditional offer of employment has been extended. | ||
Any person placed on an eligibility list who exceeds the | ||
age requirement before being appointed to a fire department | ||
shall remain eligible for appointment until the list is | ||
abolished, or his or her name has been on the list for a period | ||
of 2 years. No person who has attained the age of 35 years | ||
shall be inducted into a fire department, except as otherwise | ||
provided in this Section. | ||
The commission shall strike off the names of candidates | ||
for original appointment after the names have been on the list | ||
for more than 2 years. | ||
(i) Moral character. No person shall be appointed to a | ||
fire department unless he or she is a person of good character; | ||
not a habitual drunkard, a gambler, or a person who has been | ||
convicted of a felony or a crime involving moral turpitude. | ||
However, no person shall be disqualified from appointment to | ||
the fire department because of the person's record of | ||
misdemeanor convictions except those under Sections 11-6, | ||
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and | ||
subsections 1, 6, and 8 of Section 24-1 of the Criminal Code of | ||
1961 or the Criminal Code of 2012, or arrest for any cause | ||
without conviction thereon. Any such person who is in the | ||
department may be removed on charges brought for violating | ||
this subsection and after a trial as hereinafter provided. | ||
A classifiable set of the fingerprints of every person who | ||
is offered employment as a certificated member of an affected | ||
fire department whether with or without compensation, shall be | ||
furnished to the Illinois Department of State Police and to | ||
the Federal Bureau of Investigation by the commission. | ||
Whenever a commission is authorized or required by law to | ||
consider some aspect of criminal history record information | ||
for the purpose of carrying out its statutory powers and | ||
responsibilities, then, upon request and payment of fees in | ||
conformance with the requirements of Section 2605-400 of the | ||
State Police Law of the Civil Administrative Code of Illinois, | ||
the Department of State Police is authorized to furnish, | ||
pursuant to positive identification, the information contained | ||
in State files as is necessary to fulfill the request. | ||
(j) Temporary appointments. In order to prevent a stoppage | ||
of public business, to meet extraordinary exigencies, or to | ||
prevent material impairment of the fire department, the | ||
commission may make temporary appointments, to remain in force | ||
only until regular appointments are made under the provisions | ||
of this Division, but never to exceed 60 days. No temporary | ||
appointment of any one person shall be made more than twice in | ||
any calendar year. | ||
(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. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19; | ||
revised 11-26-19.) | ||
Section 10. The Fire Protection District Act is amended by | ||
changing Section 16.06b as follows: | ||
(70 ILCS 705/16.06b) | ||
Sec. 16.06b. Original appointments; full-time fire | ||
department. | ||
(a) Applicability. Unless a commission elects to follow | ||
the provisions of Section 16.06c, this Section shall apply to | ||
all original appointments to an affected full-time fire | ||
department. Existing registers of eligibles shall continue to | ||
be valid until their expiration dates, or up to a maximum of 2 | ||
years after August 4, 2011 (the effective date of Public Act | ||
97-251) this amendatory Act of the 97th General Assembly. | ||
Notwithstanding any statute, ordinance, rule, or other law | ||
to the contrary, all original appointments to an affected | ||
department to which this Section applies shall be administered | ||
in a no less stringent manner than the manner provided for in | ||
this Section. Provisions of the Illinois Municipal Code, Fire | ||
Protection District Act, fire district ordinances, and rules | ||
adopted pursuant to such authority and other laws relating to | ||
initial hiring of firefighters in affected departments shall | ||
continue to apply to the extent they are compatible with this | ||
Section, but in the event of a conflict between this Section | ||
and any other law, this Section shall control. | ||
A fire protection district that is operating under a court | ||
order or consent decree regarding original appointments to a | ||
full-time fire department before August 4, 2011 (the effective | ||
date of Public Act 97-251) this amendatory Act of the 97th | ||
General Assembly is exempt from the requirements of this | ||
Section for the duration of the court order or consent decree. | ||
(b) Original appointments. All original appointments made | ||
to an affected fire department shall be made from a register of | ||
eligibles established in accordance with the processes | ||
required by this Section. Only persons who meet or exceed the | ||
performance standards required by the Section shall be placed | ||
on a register of eligibles for original appointment to an | ||
affected fire department. | ||
Whenever an appointing authority authorizes action to hire | ||
a person to perform the duties of a firefighter or to hire a | ||
firefighter-paramedic to fill a position that is a new | ||
position or vacancy due to resignation, discharge, promotion, | ||
death, the granting of a disability or retirement pension, or | ||
any other cause, the appointing authority shall appoint to | ||
that position the person with the highest ranking on the final | ||
eligibility list. If the appointing authority has reason to | ||
conclude that the highest ranked person fails to meet the | ||
minimum standards for the position or if the appointing | ||
authority believes an alternate candidate would better serve | ||
the needs of the department, then the appointing authority has | ||
the right to pass over the highest ranked person and appoint | ||
either: (i) any person who has a ranking in the top 5% of the | ||
register of eligibles or (ii) any person who is among the top 5 | ||
highest ranked persons on the list of eligibles if the number | ||
of people who have a ranking in the top 5% of the register of | ||
eligibles is less than 5 people. | ||
Any candidate may pass on an appointment once without | ||
losing his or her position on the register of eligibles. Any | ||
candidate who passes a second time may be removed from the list | ||
by the appointing authority provided that such action shall | ||
not prejudice a person's opportunities to participate in | ||
future examinations, including an examination held during the | ||
time a candidate is already on the fire district's register of | ||
eligibles. | ||
The sole authority to issue certificates of appointment | ||
shall be vested in the board of fire commissioners, or board of | ||
trustees serving in the capacity of a board of fire | ||
commissioners. All certificates of appointment issued to any | ||
officer or member of an affected department shall be signed by | ||
the chairperson and secretary, respectively, of the commission | ||
upon appointment of such officer or member to the affected | ||
department by action of the commission. After being selected | ||
from the register of eligibles to fill a vacancy in the | ||
affected department, each appointee shall be presented with | ||
his or her certificate of appointment on the day on which he or | ||
she is sworn in as a classified member of the affected | ||
department. Firefighters who were not issued a certificate of | ||
appointment when originally appointed shall be provided with a | ||
certificate within 10 days after making a written request to | ||
the chairperson of the board of fire commissioners, or board | ||
of trustees serving in the capacity of a board of fire | ||
commissioners. Each person who accepts a certificate of | ||
appointment and successfully completes his or her probationary | ||
period shall be enrolled as a firefighter and as a regular | ||
member of the fire department. | ||
For the purposes of this Section, "firefighter" means any | ||
person who has been prior to, on, or after August 4, 2011 (the | ||
effective date of Public Act 97-251) 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. | ||
(c) Qualification for placement on register of eligibles. | ||
The purpose of establishing a register of eligibles is 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 shall be subject to examination and testing which | ||
shall be public, competitive, and open to all applicants | ||
unless the district shall by ordinance limit applicants to | ||
residents of the district, county or counties in which the | ||
district is located, State, or nation. 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. | ||
Districts may establish educational, emergency medical service | ||
licensure, and other prerequisites prerequites for | ||
participation in an examination or for hire as a firefighter. | ||
Any fire protection district may charge a fee to cover the | ||
costs of the application process. | ||
Residency requirements in effect at the time an individual | ||
enters the fire service of a district cannot be made more | ||
restrictive for that individual during his or her period of | ||
service for that district, or be made a condition of | ||
promotion, except for the rank or position of fire chief and | ||
for no more than 2 positions that rank immediately below that | ||
of the chief rank which are appointed positions pursuant to | ||
the Fire Department Promotion Act. | ||
No person who is 35 years of age or older shall be eligible | ||
to take an examination for a position as a firefighter unless | ||
the person has had previous employment status as a firefighter | ||
in the regularly constituted fire department of the district, | ||
except as provided in this Section. The age limitation does | ||
not apply to: | ||
(1) any person previously employed as a full-time | ||
firefighter in a regularly constituted fire department of | ||
(i) any municipality or fire protection district located | ||
in Illinois, (ii) a fire protection district whose | ||
obligations were assumed by a municipality under Section | ||
21 of the Fire Protection District Act, or (iii) a | ||
municipality whose obligations were taken over by a fire | ||
protection district; | ||
(2) any person who has served a fire district as a | ||
regularly enrolled volunteer, paid-on-call, or part-time | ||
firefighter for the 5 years immediately preceding the time | ||
that the district begins to use full-time firefighters to | ||
provide all or part of its fire protection service; or | ||
(3) any person who turned 35 while serving as a member | ||
of the active or reserve components of any of the branches | ||
of the Armed Forces of the United States or the National | ||
Guard of any state, whose service was characterized as | ||
honorable or under honorable, if separated from the | ||
military, and is currently under the age of 40. | ||
No person who is under 21 years of age shall be eligible | ||
for employment as a firefighter. | ||
No applicant shall be examined concerning his or her | ||
political or religious opinions or affiliations. The | ||
examinations shall be conducted by the commissioners of the | ||
district or their designees and agents. | ||
No district shall require that any firefighter appointed | ||
to the lowest rank serve a probationary employment period of | ||
longer than one year of actual active employment, which may | ||
exclude periods of training, or injury or illness leaves, | ||
including duty related leave, in excess of 30 calendar days. | ||
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. | ||
In the event that any applicant who has been found | ||
eligible for appointment and whose name has been placed upon | ||
the final eligibility register provided for in this Section | ||
has not been appointed to a firefighter position within one | ||
year after the date of his or her physical ability | ||
examination, the commission may cause a second examination to | ||
be made of that applicant's physical ability prior to his or | ||
her appointment. If, after the second examination, the | ||
physical ability of the applicant shall be found to be less | ||
than the minimum standard fixed by the rules of the | ||
commission, the applicant shall not be appointed. The | ||
applicant's name may be retained upon the register of | ||
candidates eligible for appointment and when next reached for | ||
certification and appointment that applicant may be again | ||
examined as provided in this Section, and if the physical | ||
ability of that applicant is found to be less than the minimum | ||
standard fixed by the rules of the commission, the applicant | ||
shall not be appointed, and the name of the applicant shall be | ||
removed from the register. | ||
(d) Notice, examination, and testing components. Notice of | ||
the time, place, general scope, merit criteria for any | ||
subjective component, and fee of every examination shall be | ||
given by the commission, by a publication at least 2 weeks | ||
preceding the examination: (i) in one or more newspapers | ||
published in the district, or if no newspaper is published | ||
therein, then in one or more newspapers with a general | ||
circulation within the district, or (ii) on the fire | ||
protection district's Internet website. Additional notice of | ||
the examination may be given as the commission shall | ||
prescribe. | ||
The examination and qualifying standards for employment of | ||
firefighters shall be based on: 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 final register of eligibles. The examination may also | ||
include a subjective component based on merit criteria as | ||
determined by the commission. Scores from the examination must | ||
be made available to the public. | ||
(e) Mental aptitude. No person who does not possess at | ||
least a high school diploma or an equivalent high school | ||
education shall be placed on a register of eligibles. | ||
Examination of an applicant's mental aptitude shall be based | ||
upon a written examination. The examination 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. | ||
(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 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 | ||
may be based on standards developed, or approved, by the | ||
local appointing authority. | ||
(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. | ||
Physical ability examinations administered under this | ||
Section shall be conducted with a reasonable number of | ||
proctors and monitors, open to the public, and subject to | ||
reasonable regulations of the commission. | ||
(g) Scoring of examination components. Appointing | ||
authorities may create a preliminary eligibility register. A | ||
person shall be placed on the list based upon his or her | ||
passage of the written examination or the passage of the | ||
written examination and the physical ability component. | ||
Passage of the written examination means attaining the minimum | ||
score set by the commission. Minimum scores should be set by | ||
the appointing authorities 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. The appointing authority | ||
may conduct the physical ability component and any subjective | ||
components subsequent to the posting of the preliminary | ||
eligibility register. | ||
The examination components for an initial eligibility | ||
register shall be graded on a 100-point scale. A person's | ||
position on the list shall be determined by the following: (i)
| ||
the person's score on the written examination, (ii) the person
| ||
successfully passing the physical ability component, and (iii) | ||
the
person's results on any subjective component as described | ||
in
subsection (d). | ||
In order to qualify for placement on the final eligibility | ||
register, an applicant's score on the written examination, | ||
before any applicable preference points or subjective points | ||
are applied, shall be at or above the minimum score set by the | ||
commission. The local appointing authority may prescribe the | ||
score to qualify for placement on the final eligibility | ||
register, but the score shall not be less than the minimum | ||
score set by the commission. | ||
The commission shall prepare and keep a register of | ||
persons whose total score is not less than the minimum score | ||
for passage and who have passed the physical ability | ||
examination. 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, subjective component, and preference components of | ||
the test administered in accordance with this Section. No more | ||
than 60 days after each examination, an initial eligibility | ||
list shall be posted by the commission. The list shall include | ||
the final grades of the candidates without reference to | ||
priority of the time of examination and subject to claim for | ||
preference credit. | ||
Commissions may conduct additional examinations, including | ||
without limitation a polygraph test, after a final eligibility | ||
register is established and before it expires with the | ||
candidates ranked by total score without regard to date of | ||
examination. No more than 60 days after each examination, an | ||
initial eligibility list shall be posted by the commission | ||
showing the final grades of the candidates without reference | ||
to priority of time of examination and subject to claim for | ||
preference credit. | ||
(h) Preferences. The following are preferences: | ||
(1) Veteran preference. Persons who were engaged in | ||
the military service of the United States for a period of | ||
at least one year of active duty and who were honorably | ||
discharged therefrom, or who are now or have been members | ||
on inactive or reserve duty in such military or naval | ||
service, shall be preferred for appointment to and | ||
employment with the fire department of an affected | ||
department. | ||
(2) Fire cadet preference. Persons who have | ||
successfully completed 2 years of study in fire techniques | ||
or cadet training within a cadet program established under | ||
the rules of the Joint Labor and Management Committee | ||
(JLMC), as defined in Section 50 of the Fire Department | ||
Promotion Act, may be preferred for appointment to and | ||
employment with the fire department. | ||
(3) Educational preference. Persons who have | ||
successfully obtained an associate's degree in the field | ||
of fire service or emergency medical services, or a | ||
bachelor's degree from an accredited college or university | ||
may be preferred for appointment to and employment with | ||
the fire department. | ||
(4) Paramedic preference. Persons who have obtained a | ||
license as a paramedic may be preferred for appointment to | ||
and employment with the fire department of an affected | ||
department providing emergency medical services. | ||
(5) Experience preference. All persons employed by a | ||
district who have been paid-on-call or part-time certified | ||
Firefighter II, certified Firefighter III, State of | ||
Illinois or nationally licensed EMT, EMT-I, A-EMT, or | ||
paramedic, or any combination of those capacities may be | ||
awarded up to a maximum of 5 points. However, the | ||
applicant may not be awarded more than 0.5 points for each | ||
complete year of paid-on-call or part-time service. | ||
Applicants from outside the district who were employed as | ||
full-time firefighters or firefighter-paramedics by a fire | ||
protection district or municipality for at least 2 years | ||
may be awarded up to 5 experience preference points. | ||
However, the applicant may not be awarded more than one | ||
point for each complete year of full-time service. | ||
Upon request by the commission, the governing body of | ||
the district or in the case of applicants from outside the | ||
district the governing body of any other fire protection | ||
district or any municipality shall certify to the | ||
commission, within 10 days after the request, the number | ||
of years of successful paid-on-call, part-time, or | ||
full-time service of any person. A candidate may not | ||
receive the full amount of preference points under this | ||
subsection if the amount of points awarded would place the | ||
candidate before a veteran on the eligibility list. If | ||
more than one candidate receiving experience preference | ||
points is prevented from receiving all of their points due | ||
to not being allowed to pass a veteran, the candidates | ||
shall be placed on the list below the veteran in rank order | ||
based on the totals received if all points under this | ||
subsection were to be awarded. Any remaining ties on the | ||
list shall be determined by lot. | ||
(6) Residency preference. Applicants whose principal | ||
residence is located within the fire department's | ||
jurisdiction may be preferred for appointment to and | ||
employment with the fire department. | ||
(7) Additional preferences. Up to 5 additional | ||
preference points may be awarded for unique categories | ||
based on an applicant's experience or background as | ||
identified by the commission. | ||
(7.5) Apprentice preferences. A person who has | ||
performed fire suppression service for a department as a | ||
firefighter apprentice and otherwise meet the | ||
qualifications for original appointment as a firefighter | ||
specified in this Section are eligible to be awarded up to | ||
20 preference points. To qualify for preference points, an | ||
applicant shall have completed a minimum of 600 hours of | ||
fire suppression work on a regular shift for the affected | ||
fire department over a 12-month period. The fire | ||
suppression work must be in accordance with Section 16.06 | ||
of this Act and the terms established by a Joint | ||
Apprenticeship Committee included in a collective | ||
bargaining agreement agreed between the employer and its | ||
certified bargaining agent. An eligible applicant must | ||
apply to the Joint Apprenticeship Committee for preference | ||
points under this item. The Joint Apprenticeship Committee | ||
shall evaluate the merit of the applicant's performance, | ||
determine the preference points to be awarded, and certify | ||
the amount of points awarded to the commissioners. The | ||
commissioners may add the certified preference points to | ||
the final grades achieved by the applicant on the other | ||
components of the examination. | ||
(8) Scoring of preferences. The
commission shall give | ||
preference for original appointment
to persons designated | ||
in item (1)
by adding to the final grade that they receive | ||
5 points
for the recognized preference achieved. The | ||
commission may give preference for original appointment to | ||
persons designated in item (7.5) by adding to the final | ||
grade the amount of points designated by the Joint | ||
Apprenticeship Committee as defined in item (7.5). The | ||
commission shall determine the number of preference points | ||
for each category, except (1) and (7.5). The number of | ||
preference points for each category shall range from 0 to | ||
5, except item (7.5). In determining the number of | ||
preference points, the commission shall prescribe that if | ||
a candidate earns the maximum number of preference points | ||
in all categories except item (7.5), that number may not | ||
be less than 10 nor more than 30. The commission shall give | ||
preference for original appointment to persons designated | ||
in items (2) through (7) by adding the requisite number of | ||
points to the final grade for each recognized preference | ||
achieved. The numerical result thus attained shall be | ||
applied by the commission in determining the final | ||
eligibility list and appointment from the eligibility | ||
list. The local appointing authority may prescribe the | ||
total number of preference points awarded under this | ||
Section, but the total number of preference points, except | ||
item (7.5), shall not be less than 10 points or more than | ||
30 points. Apprentice preference points may be added in | ||
addition to other preference points awarded by the | ||
commission. | ||
No person entitled to any preference shall be required to | ||
claim the credit before any examination held under the | ||
provisions of this Section, but the preference shall be given | ||
after the posting or publication of the initial eligibility | ||
list or register at the request of a person entitled to a | ||
credit before any certification or appointments are made from | ||
the eligibility register, upon the furnishing of verifiable | ||
evidence and proof of qualifying preference credit. Candidates | ||
who are eligible for preference credit shall make a claim in | ||
writing within 10 days after the posting of the initial | ||
eligibility list, or the claim shall be deemed waived. Final | ||
eligibility registers shall be established after the awarding | ||
of verified preference points. However, apprentice preference | ||
credit earned subsequent to the establishment of the final | ||
eligibility register may be applied to the applicant's score | ||
upon certification by the Joint Apprenticeship Committee to | ||
the commission and the rank order of candidates on the final | ||
eligibility register shall be adjusted accordingly. All | ||
employment shall be subject to the commission's initial hire | ||
background review including, but not limited to, criminal | ||
history, employment history, moral character, oral | ||
examination, and medical and psychological examinations, all | ||
on a pass-fail basis. The medical and psychological | ||
examinations must be conducted last, and may only be performed | ||
after a conditional offer of employment has been extended. | ||
Any person placed on an eligibility list who exceeds the | ||
age requirement before being appointed to a fire department | ||
shall remain eligible for appointment until the list is | ||
abolished, or his or her name has been on the list for a period | ||
of 2 years. No person who has attained the age of 35 years | ||
shall be inducted into a fire department, except as otherwise | ||
provided in this Section. | ||
The commission shall strike off the names of candidates | ||
for original appointment after the names have been on the list | ||
for more than 2 years. | ||
(i) Moral character. No person shall be appointed to a | ||
fire department unless he or she is a person of good character; | ||
not a habitual drunkard, a gambler, or a person who has been | ||
convicted of a felony or a crime involving moral turpitude. | ||
However, no person shall be disqualified from appointment to | ||
the fire department because of the person's record of | ||
misdemeanor convictions except those under Sections 11-6, | ||
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and | ||
subsections 1, 6, and 8 of Section 24-1 of the Criminal Code of | ||
1961 or the Criminal Code of 2012, or arrest for any cause | ||
without conviction thereon. Any such person who is in the | ||
department may be removed on charges brought for violating | ||
this subsection and after a trial as hereinafter provided. | ||
A classifiable set of the fingerprints of every person who | ||
is offered employment as a certificated member of an affected | ||
fire department whether with or without compensation, shall be | ||
furnished to the Illinois Department of State Police and to | ||
the Federal Bureau of Investigation by the commission. | ||
Whenever a commission is authorized or required by law to | ||
consider some aspect of criminal history record information | ||
for the purpose of carrying out its statutory powers and | ||
responsibilities, then, upon request and payment of fees in | ||
conformance with the requirements of Section 2605-400 of the | ||
State Police Law of the Civil Administrative Code of Illinois, | ||
the Department of State Police is authorized to furnish, | ||
pursuant to positive identification, the information contained | ||
in State files as is necessary to fulfill the request. | ||
(j) Temporary appointments. In order to prevent a stoppage | ||
of public business, to meet extraordinary exigencies, or to | ||
prevent material impairment of the fire department, the | ||
commission may make temporary appointments, to remain in force | ||
only until regular appointments are made under the provisions | ||
of this Section, but never to exceed 60 days. No temporary | ||
appointment of any one person shall be made more than twice in | ||
any calendar year. | ||
(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. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19; | ||
revised 11-26-19.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||