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91_SB0171sam002
LRB9101640EGfgam02
1 AMENDMENT TO SENATE BILL 171
2 AMENDMENT NO. . Amend Senate Bill 171, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Illinois Municipal Code is amended by
6 changing Section 10-2.1-4 as follows:
7 (65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
8 Sec. 10-2.1-4. Fire and police departments - Appointment
9 of members - Certificates of appointments.
10 The board of fire and police commissioners shall appoint
11 all officers and members of the fire and police departments
12 of the municipality, including the chief of police and the
13 chief of the fire department, unless the council or board of
14 trustees shall by ordinance as to them otherwise provide;
15 except as otherwise provided in this Section, and except that
16 in any municipality which adopts or has adopted this Division
17 2.1 and also adopts or has adopted Article 5 of this Code,
18 the chief of police and the chief of the fire department
19 shall be appointed by the municipal manager, if it is
20 provided by ordinance in such municipality that such chiefs,
21 or either of them, shall not be appointed by the board of
22 fire and police commissioners.
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1 If the chief of the fire department or the chief of the
2 police department or both of them are appointed in the manner
3 provided by ordinance, they may be removed or discharged by
4 the appointing authority. In such case the appointing
5 authority shall file with the corporate authorities the
6 reasons for such removal or discharge, which removal or
7 discharge shall not become effective unless confirmed by a
8 majority vote of the corporate authorities.
9 If a member of the department is appointed Chief of
10 Police or Chief of the Fire Department prior to being
11 eligible to retire on pension he shall be considered as on
12 furlough from the rank he held immediately prior to his
13 appointment as chief. If he resigns as Chief or is discharged
14 as Chief prior to attaining eligibility to retire on pension,
15 he shall revert to and be established in such prior rank, and
16 thereafter be entitled to all the benefits and emoluments of
17 such prior rank, without regard as to whether a vacancy then
18 exists in such rank.
19 All appointments to each department other than that of
20 the lowest rank, however, shall be from the rank next below
21 that to which the appointment is made except as otherwise
22 provided in this Section, and except that the chief of police
23 and the chief of the fire department may be appointed from
24 among members of the police and fire departments,
25 respectively, regardless of rank, unless the council or board
26 of trustees shall have by ordinance as to them otherwise
27 provided.
28 The sole authority to issue certificates of appointment
29 shall be vested in the Board of Fire and Police Commissioners
30 and all certificates of appointments issued to any officer or
31 member of the fire or police department of a municipality
32 shall be signed by the chairman and secretary respectively of
33 the board of fire and police commissioners of such
34 municipality, upon appointment of such officer or member of
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1 the fire and police department of such municipality by action
2 of the board of fire and police commissioners.
3 The term "policemen" as used in this Division does not
4 include auxiliary policemen except as provided for in Section
5 10-2.1-6.
6 Any full time member of a regular fire or police
7 department of any municipality which comes under the
8 provisions of this Division or adopts this Division 2.1 or
9 which has adopted any of the prior Acts pertaining to fire
10 and police commissioners, is a city officer.
11 Notwithstanding any other provision of this Section, the
12 Chief of Police of a department in a non-homerule
13 municipality of more than 130,000 inhabitants may, without
14 the advice or consent of the Board of Fire and Police
15 Commissioners, appoint up to 6 officers who shall be known as
16 deputy chiefs or assistant deputy chiefs, and whose rank
17 shall be immediately below that of Chief. The deputy or
18 assistant deputy chiefs may be appointed from any rank of
19 sworn officers of that municipality, but no person who is not
20 such a sworn officer may be so appointed. Such deputy chief
21 or assistant deputy chief shall have the authority to direct
22 and issue orders to all employees of the Department holding
23 the rank of captain or any lower rank.
24 Notwithstanding any other provision of this Section, a
25 non-homerule municipality of 130,000 or fewer inhabitants,
26 through its council or board of trustees, may, by ordinance,
27 provide for a position of deputy chief to be appointed by the
28 chief of the police department. The ordinance shall provide
29 for no more than one deputy chief position within the police
30 department. The deputy chief position shall be an exempt
31 rank immediately below that of Chief. The deputy chief may
32 be appointed from any supervisory rank of sworn, full-time
33 officers of the municipality's police department. A deputy
34 chief shall serve at the discretion of the Chief and, if
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1 removed from the position, shall revert to the rank held
2 immediately prior to appointment to the deputy chief
3 position. For the purposes of this paragraph, "supervisory
4 rank" means a rank, the holder of which is excluded from
5 participating in a collective bargaining unit by virtue of
6 his or her supervisory responsibilities.
7 No municipality having a population less than 1,000,000
8 shall require that any fireman appointed to the lowest rank
9 serve a probationary employment period of longer than one
10 year. The limitation on periods of probationary employment
11 provided in this amendatory Act of 1989 is an exclusive power
12 and function of the State. Pursuant to subsection (h) of
13 Section 6 of Article VII of the Illinois Constitution, a home
14 rule municipality having a population less than 1,000,000
15 must comply with this limitation on periods of probationary
16 employment, which is a denial and limitation of home rule
17 powers. Notwithstanding anything to the contrary in this
18 Section, the probationary employment period limitation shall
19 not apply to a fireman whose position also includes paramedic
20 responsibilities.
21 (Source: P.A. 86-990.)
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.".