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