Public Act 100-0425
Public Act 0425 100TH GENERAL ASSEMBLY
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Public Act 100-0425
| | SB1304 Enrolled | LRB100 08288 AWJ 18390 b |
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| AN ACT concerning local government.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Municipal Code is amended by | changing Section 10-2.1-4 and by adding Section 10-1-7.3 as | follows:
| (65 ILCS 5/10-1-7.3 new) | Sec. 10-1-7.3. Appointment of fire chief. Notwithstanding | any other provision in this Division, after the effective date | of this amendatory Act of the 100th General Assembly, a person | shall not be appointed as the chief, the acting chief, the | department head, or a position, by whatever title, that is | responsible for day-to-day operations of a fire department for | greater than 180 days unless he or she possesses the following | qualifications and certifications: | (1) Office of the State Fire Marshal Firefighter Basic | Certification or Firefighter II Certification; Office of | the State Fire Marshal Fire Officer I and II | Certifications; and an associate degree in fire science or | a bachelor's degree from an accredited university or | college; or | (2) a minimum of 10 years' experience as a firefighter | at the fire department in the jurisdiction making the |
| appointment. | This Section applies to fire departments that employ | firefighters hired under Section 10-1-7.1 or 10-1-7.2 of this | Division.
| (65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
| Sec. 10-2.1-4. Fire and police departments; Appointment of
| members; Certificates of appointments.The board of fire and | police commissioners shall appoint all officers
and members of | the fire and police departments of the municipality,
including | the chief of police and the chief of the fire department,
| unless the council or board of trustees shall by ordinance as | to them
otherwise provide; except as otherwise provided in this | Section, and
except that in any municipality which adopts or | has
adopted this Division 2.1 and also adopts or has adopted | Article 5 of
this Code, the chief of police and the chief of | the fire department
shall be appointed by the municipal | manager, if it is provided by
ordinance in such municipality | that such chiefs, or either of them,
shall not be appointed by | the board of fire and police commissioners.
| If the chief of the fire department or the chief of the | police department
or both of them are appointed in the manner | provided by ordinance, they
may be removed or discharged by the | appointing authority. In such case
the appointing authority | shall file with the corporate authorities the reasons
for such | removal or discharge, which removal or discharge shall not |
| become
effective unless confirmed by a majority vote of the | corporate authorities.
| After the effective date of this amendatory Act of the | 100th General Assembly, a person shall not be appointed as the | chief, the acting chief, the department head, or a position, by | whatever title, that is responsible for day-to-day operations | of a fire department for greater than 180 days unless he or she | possesses the following qualifications and certifications: | (1) Office of the State Fire Marshal Firefighter Basic | Certification or Firefighter II Certification; Office of | the State Fire Marshal Fire Officer I and II | Certifications; and an associate degree in fire science or | a bachelor's degree from an accredited university or | college; or | (2) a minimum of 10 years' experience as a firefighter | at the fire department in the jurisdiction making the | appointment. | This paragraph applies to fire departments that employ | firefighters hired under the provisions of this Division. | If a member of the department is appointed chief of police | or chief
of the fire department prior to being eligible to | retire on pension, he
shall be considered as on furlough from | the rank he held immediately
prior to his appointment as chief. | If he resigns as chief or is
discharged as chief prior to | attaining eligibility to retire on pension,
he shall revert to | and be established in whatever rank he currently holds,
except |
| for previously appointed positions, and thereafter
be entitled | to all the benefits and emoluments of that rank,
without regard | as to whether a vacancy then exists in that rank.
| All appointments to each department other than that of the | lowest
rank, however, shall be from the rank next below that to | which the
appointment is made except as otherwise provided in | this Section, and
except that the chief of police and the chief | of the
fire department may be appointed from among members of | the police and
fire departments, respectively, regardless of | rank, unless the council
or board of trustees shall have by | ordinance as to them otherwise provided.
A chief of police or | the chief of the fire department, having been appointed
from | among members
of the police or fire department, respectively, | shall be permitted, regardless
of rank, to
take promotional
| exams and be promoted to a higher classified rank than he | currently holds,
without having to
resign as chief of police or | chief of the fire department.
| The sole authority to issue certificates of appointment | shall be
vested in the Board of Fire and Police Commissioners | and all
certificates of appointments issued to any officer or | member of the fire
or police department of a municipality shall | be signed by the chairman
and secretary respectively of the | board of fire and police commissioners
of such municipality, | upon appointment of such officer or member of the
fire and | police department of such municipality by action of the board
| of fire and police commissioners. In any municipal fire |
| department that employs full-time firefighters and is subject | to a collective bargaining agreement, a person who has not | qualified for regular appointment under the provisions of this | Division 2.1 shall not be used as a temporary or permanent | substitute for classified members of a municipality's fire | department or for regular appointment as a classified member of | a municipality's fire department unless mutually agreed to by | the employee's certified bargaining agent. Such agreement | shall be considered a permissive subject of bargaining. | Municipal fire departments covered by the changes made by this | amendatory Act of the 95th General Assembly that are using | non-certificated employees as substitutes immediately prior to | the effective date of this amendatory Act of the 95th General | Assembly may, by mutual agreement with the certified bargaining | agent, continue the existing practice or a modified practice | and that agreement shall be considered a permissive subject of | bargaining. A home rule unit may not regulate the hiring of | temporary or substitute members of the municipality's fire | department in a manner that is inconsistent with 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 powers and functions exercised | by the State.
| The term "policemen" as used in this Division does not | include
auxiliary police officers except as provided for in | Section 10-2.1-6.
|
| Any full time member of a regular fire or police department | of any
municipality which comes under the provisions of this | Division or adopts
this Division 2.1 or which has adopted any | of the prior Acts pertaining to
fire and police commissioners, | is a city officer.
| Notwithstanding any other provision of this Section, the | Chief of
Police of a department in a non-home rule municipality | of more than 130,000
inhabitants may, without the advice or | consent of the Board of
Fire and Police Commissioners, appoint | up to 6 officers who shall be known
as deputy chiefs or | assistant deputy chiefs, and whose rank shall be
immediately | below that of Chief. The deputy or assistant deputy chiefs may
| be appointed from any rank of sworn officers of that | municipality, but no
person who is not such a sworn officer may | be so appointed. Such deputy
chief or assistant deputy chief | shall have the authority to direct and
issue orders to all | employees of the Department holding the rank of captain
or any | lower rank.
A deputy chief of police or assistant deputy chief | of police, having been
appointed from any rank
of sworn | officers of that municipality, shall be permitted, regardless | of rank,
to take promotional
exams and be promoted to a higher | classified rank than he currently holds,
without having to
| resign as deputy chief of police or assistant deputy chief of | police.
| Notwithstanding any other provision of this Section, a | non-home rule
municipality of 130,000 or fewer inhabitants, |
| through its council or board
of trustees, may, by ordinance, | provide for a position of deputy chief to be
appointed by the | chief of the police department. The ordinance shall provide
for | no more than one deputy chief position if the police department | has fewer
than 25 full-time police officers and for no more | than 2 deputy chief positions
if the police department has 25 | or more full-time police officers. The deputy
chief position
| shall be an exempt rank immediately below that of Chief. The | deputy chief may
be appointed from any rank of sworn, full-time | officers of the municipality's
police department, but must have | at least 5 years of full-time service as a
police officer in | that department. A deputy chief shall serve at the
discretion | of the Chief and, if removed from the position,
shall revert to | the rank currently held, without regard as to whether a
vacancy | exists in
that rank. A deputy chief
of police, having been | appointed from any rank of sworn full-time officers of
that | municipality's
police department, shall be permitted, | regardless of rank, to take promotional
exams and be
promoted | to a higher classified rank than he currently holds, without | having to
resign as deputy
chief of police.
| No municipality having a population less than 1,000,000 | shall require
that any firefighter appointed to the lowest
rank | serve a probationary employment period of longer than one year. | The
limitation on periods of probationary employment provided | in this
amendatory Act of 1989 is an exclusive power and | function of the State.
Pursuant to subsection (h) of Section 6 |
| of Article VII of the Illinois
Constitution, a home rule | municipality having a population less than 1,000,000
must | comply with this limitation on periods of probationary | employment, which
is a denial and limitation of home rule | powers. 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.
| To the extent that this Section or any other Section in | this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4, | then Section 10-2.1-6.3 or 10-2.1-6.4 shall control. | (Source: P.A. 97-251, eff. 8-4-11; 97-813, eff. 7-13-12; | 98-973, eff. 8-15-14.)
| Section 10. The Fire Protection District Act is amended by | adding Section 16.04b as follows:
| (70 ILCS 705/16.04b new) | Sec. 16.04b. Appointment of fire chief. Notwithstanding | any other provision in this Act, after the effective date of | this amendatory Act of the 100th General Assembly, a person | shall not be appointed as the chief, the acting chief, the | department head, or a position, by whatever title, that is |
| responsible for day-to-day operations of a fire protection | district for greater than 180 days unless he or she possesses | the following qualifications and certifications: | (1) Office of the State Fire Marshal Firefighter Basic | Certification or Firefighter II Certification; Office of | the State Fire Marshal Fire Officer I and II | Certifications; and an associate degree in fire science or | a bachelor's degree from an accredited university or | college; or | (2) a minimum of 10 years' experience as a firefighter | in the fire protection district of the jurisdiction making | the appointment. | This Section applies to fire protection districts that | employ firefighters hired under the provisions of this Act.
| Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 8/25/2017
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