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91_SB0171eng SB171 Engrossed LRB9101640EGfg 1 AN ACT in relation to public safety. 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 SB171 Engrossed -2- LRB9101640EGfg 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. SB171 Engrossed -3- LRB9101640EGfg 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 department. The ordinance shall provide 19 for no more than one deputy chief position within the police 20 department. The deputy chief position shall be an exempt 21 rank immediately below that of Chief. The deputy chief may 22 be appointed from any supervisory rank of sworn, full-time 23 officers of the municipality's police department. A deputy 24 chief shall serve at the discretion of the Chief and, if 25 removed from the position, shall revert to the rank held 26 immediately prior to appointment to the deputy chief 27 position. For the purposes of this paragraph, "supervisory 28 rank" means a rank, the holder of which is excluded from 29 participating in a collective bargaining unit by virtue of 30 his or her supervisory responsibilities. 31 No municipality having a population less than 1,000,000 32 shall require that any fireman appointed to the lowest rank 33 serve a probationary employment period of longer than one 34 year. The limitation on periods of probationary employment SB171 Engrossed -4- LRB9101640EGfg 1 provided in this amendatory Act of 1989 is an exclusive power 2 and function of the State. Pursuant to subsection (h) of 3 Section 6 of Article VII of the Illinois Constitution, a home 4 rule municipality having a population less than 1,000,000 5 must comply with this limitation on periods of probationary 6 employment, which is a denial and limitation of home rule 7 powers. Notwithstanding anything to the contrary in this 8 Section, the probationary employment period limitation shall 9 not apply to a fireman whose position also includes paramedic 10 responsibilities. 11 (Source: P.A. 86-990.) 12 Section 99. Effective date. This Act takes effect upon 13 becoming law.