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91_SB0171
LRB9101640EGfg
1 AN ACT in relation to public safety, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Municipal Code is amended by
5 changing Section 10-2.1-4 as follows:
6 (65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
7 Sec. 10-2.1-4. Fire and police departments - Appointment
8 of members - Certificates of appointments.
9 The board of fire and police commissioners shall appoint
10 all officers and members of the fire and police departments
11 of the municipality, including the chief of police and the
12 chief of the fire department, unless the council or board of
13 trustees shall by ordinance as to them otherwise provide;
14 except as otherwise provided in this Section, and except that
15 in any municipality which adopts or has adopted this Division
16 2.1 and also adopts or has adopted Article 5 of this Code,
17 the chief of police and the chief of the fire department
18 shall be appointed by the municipal manager, if it is
19 provided by ordinance in such municipality that such chiefs,
20 or either of them, shall not be appointed by the board of
21 fire and police commissioners.
22 If the chief of the fire department or the chief of the
23 police department or both of them are appointed in the manner
24 provided by ordinance, they may be removed or discharged by
25 the appointing authority. In such case the appointing
26 authority shall file with the corporate authorities the
27 reasons for such removal or discharge, which removal or
28 discharge shall not become effective unless confirmed by a
29 majority vote of the corporate authorities.
30 If a member of the department is appointed Chief of
31 Police or Chief of the Fire Department prior to being
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1 eligible to retire on pension he shall be considered as on
2 furlough from the rank he held immediately prior to his
3 appointment as chief. If he resigns as Chief or is discharged
4 as Chief prior to attaining eligibility to retire on pension,
5 he shall revert to and be established in such prior rank, and
6 thereafter be entitled to all the benefits and emoluments of
7 such prior rank, without regard as to whether a vacancy then
8 exists in such rank.
9 All appointments to each department other than that of
10 the lowest rank, however, shall be from the rank next below
11 that to which the appointment is made except as otherwise
12 provided in this Section, and except that the chief of police
13 and the chief of the fire department may be appointed from
14 among members of the police and fire departments,
15 respectively, regardless of rank, unless the council or board
16 of trustees shall have by ordinance as to them otherwise
17 provided.
18 The sole authority to issue certificates of appointment
19 shall be vested in the Board of Fire and Police Commissioners
20 and all certificates of appointments issued to any officer or
21 member of the fire or police department of a municipality
22 shall be signed by the chairman and secretary respectively of
23 the board of fire and police commissioners of such
24 municipality, upon appointment of such officer or member of
25 the fire and police department of such municipality by action
26 of the board of fire and police commissioners.
27 The term "policemen" as used in this Division does not
28 include auxiliary policemen except as provided for in Section
29 10-2.1-6.
30 Any full time member of a regular fire or police
31 department of any municipality which comes under the
32 provisions of this Division or adopts this Division 2.1 or
33 which has adopted any of the prior Acts pertaining to fire
34 and police commissioners, is a city officer.
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1 Notwithstanding any other provision of this Section, the
2 Chief of Police of a department in a non-homerule
3 municipality of more than 130,000 inhabitants may, without
4 the advice or consent of the Board of Fire and Police
5 Commissioners, appoint up to 6 officers who shall be known as
6 deputy chiefs or assistant deputy chiefs, and whose rank
7 shall be immediately below that of Chief. The deputy or
8 assistant deputy chiefs may be appointed from any rank of
9 sworn officers of that municipality, but no person who is not
10 such a sworn officer may be so appointed. Such deputy chief
11 or assistant deputy chief shall have the authority to direct
12 and issue orders to all employees of the Department holding
13 the rank of captain or any lower rank.
14 Notwithstanding any other provision of this Section, a
15 non-homerule municipality of 130,000 or fewer inhabitants,
16 through its council or board of trustees, may, by ordinance,
17 provide for a position of deputy chief to be appointed by the
18 chief of the police or fire department. The ordinance shall
19 provide for no more than 2 deputy chief positions within the
20 police or fire department. The deputy chief position shall
21 be an exempt rank immediately below that of Chief. Deputy
22 chiefs may be appointed from any rank of sworn, full-time
23 officers or firefighters of that municipality's police or
24 fire department. A member of the department appointed under
25 this paragraph to a deputy chief position shall serve at the
26 discretion of the Chief and, if removed from the position,
27 shall revert to the rank held immediately prior to
28 appointment to the deputy chief position.
29 No municipality having a population less than 1,000,000
30 shall require that any fireman appointed to the lowest rank
31 serve a probationary employment period of longer than one
32 year. The limitation on periods of probationary employment
33 provided in this amendatory Act of 1989 is an exclusive power
34 and function of the State. Pursuant to subsection (h) of
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1 Section 6 of Article VII of the Illinois Constitution, a home
2 rule municipality having a population less than 1,000,000
3 must comply with this limitation on periods of probationary
4 employment, which is a denial and limitation of home rule
5 powers. Notwithstanding anything to the contrary in this
6 Section, the probationary employment period limitation shall
7 not apply to a fireman whose position also includes paramedic
8 responsibilities.
9 (Source: P.A. 86-990.)
10 Section 10. The Fire Protection District Act is amended
11 by changing Section 16.04a as follows:
12 (70 ILCS 705/16.04a) (from Ch. 127 1/2, par. 37.04a)
13 Sec. 16.04a. Appointment of officers and members. The
14 board of fire commissioners shall appoint all officers and
15 members of the fire departments of the district, except the
16 Chief of the fire department. The Chief of the fire
17 department shall be appointed by the trustees.
18 If a member of the department is appointed Chief of the
19 fire department prior to being eligible to retire on pension
20 he shall be considered as on furlough from the rank he held
21 immediately prior to his appointment as Chief. If he resigns
22 as Chief or is discharged as Chief prior to attaining
23 eligibility to retire on pension, he shall revert to and be
24 established in such prior rank, and thereafter be entitled to
25 all the benefits and emoluments of such prior rank, without
26 regard as to whether a vacancy then exists in such rank. In
27 such instances, the Chief shall be deemed to have continued
28 to accrue seniority in the department during his period of
29 service as Chief, or time in grade in his former rank to
30 which he shall revert during his period of service as Chief,
31 except solely for purposes of any layoff as provided in
32 Section 16.13b hereafter.
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1 All appointments to each department other than that of
2 the lowest rank, however, shall be from the rank next below
3 that to which the appointment is made, except that the Chief
4 of the fire department may be appointed from among members of
5 the fire department, regardless of rank.
6 The sole authority to issue certificates of appointment
7 shall be vested in the board of fire commissioners and all
8 certificates of appointments issued to any officer or member
9 of the fire department shall be signed by the chairman and
10 secretary respectively of the board of fire commissioners
11 upon appointment of such officer or member of the fire
12 department by action of the board of fire commissioners.
13 Notwithstanding the other provisions of this Section, a
14 fire protection district, through its board of trustees, by
15 ordinance, may provide for a position of deputy chief to be
16 appointed by the Chief of the fire department. The ordinance
17 shall provide for no more than 2 deputy chief positions
18 within the fire department. The deputy chief position shall
19 be considered an exempt rank immediately below that of Chief
20 and may be appointed from any rank of sworn, full-time
21 officers or firefighters of the district's fire department.
22 A member of the department appointed to the position of
23 deputy chief shall serve at the discretion of the Chief and,
24 if removed from that position, shall revert to the rank held
25 immediately prior to that appointment as deputy chief.
26 (Source: P.A. 86-562.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.