Bill Text: IL SB3518 | 2013-2014 | 98th General Assembly | Introduced
Bill Title: Amends the Illinois Municipal Code. Provides that any applicable preference credits to a firefighter candidate shall be applied at the time of the written examination and before the posting or publication of the initial eligibility list or register.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB3518 Detail]
Download: Illinois-2013-SB3518-Introduced.html
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
1 | AN ACT concerning local government.
| |||||||||||||||||||
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 10-2.1-6.3 as follows:
| |||||||||||||||||||
6 | (65 ILCS 5/10-2.1-6.3) | |||||||||||||||||||
7 | Sec. 10-2.1-6.3. Original appointments; full-time fire | |||||||||||||||||||
8 | department. | |||||||||||||||||||
9 | (a) Applicability. Unless a commission elects to follow the | |||||||||||||||||||
10 | provisions of Section 10-2.1-6.4, this Section shall apply to | |||||||||||||||||||
11 | all original appointments to an affected full-time fire | |||||||||||||||||||
12 | department. Existing registers of eligibles shall continue to | |||||||||||||||||||
13 | be valid until their expiration dates, or up to a maximum of 2 | |||||||||||||||||||
14 | years after the effective date of this amendatory Act of the | |||||||||||||||||||
15 | 97th General Assembly. | |||||||||||||||||||
16 | Notwithstanding any statute, ordinance, rule, or other law | |||||||||||||||||||
17 | to the contrary, all original appointments to an affected | |||||||||||||||||||
18 | department to which this Section applies shall be administered | |||||||||||||||||||
19 | in the manner provided for in this Section. Provisions of the | |||||||||||||||||||
20 | Illinois Municipal Code, municipal ordinances, and rules | |||||||||||||||||||
21 | adopted pursuant to such authority and other laws relating to | |||||||||||||||||||
22 | initial hiring of firefighters in affected departments shall | |||||||||||||||||||
23 | continue to apply to the extent they are compatible with this |
| |||||||
| |||||||
1 | Section, but in the event of a conflict between this Section | ||||||
2 | and any other law, this Section shall control. | ||||||
3 | A home rule or non-home rule municipality may not | ||||||
4 | administer its fire department process for original | ||||||
5 | appointments in a manner that is less stringent than this | ||||||
6 | Section. This Section is a limitation under subsection (i) of | ||||||
7 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
8 | concurrent exercise by home rule units of the powers and | ||||||
9 | functions exercised by the State. | ||||||
10 | A municipality that is operating under a court order or | ||||||
11 | consent decree regarding original appointments to a full-time | ||||||
12 | fire department before the effective date of this amendatory | ||||||
13 | Act of the 97th General Assembly is exempt from the | ||||||
14 | requirements of this Section for the duration of the court | ||||||
15 | order or consent decree. | ||||||
16 | Notwithstanding any other provision of this subsection | ||||||
17 | (a), this Section does not apply to a municipality with more | ||||||
18 | than 1,000,000 inhabitants. | ||||||
19 | (b) Original appointments. All original appointments made | ||||||
20 | to an affected fire department shall be made from a register of | ||||||
21 | eligibles established in accordance with the processes | ||||||
22 | established by this Section. Only persons who meet or exceed | ||||||
23 | the performance standards required by this Section shall be | ||||||
24 | placed on a register of eligibles for original appointment to | ||||||
25 | an affected fire department. | ||||||
26 | Whenever an appointing authority authorizes action to hire |
| |||||||
| |||||||
1 | a person to perform the duties of a firefighter or to hire a | ||||||
2 | firefighter-paramedic to fill a position that is a new position | ||||||
3 | or vacancy due to resignation, discharge, promotion, death, the | ||||||
4 | granting of a disability or retirement pension, or any other | ||||||
5 | cause, the appointing authority shall appoint to that position | ||||||
6 | the person with the highest ranking on the final eligibility | ||||||
7 | list. If the appointing authority has reason to conclude that | ||||||
8 | the highest ranked person fails to meet the minimum standards | ||||||
9 | for the position or if the appointing authority believes an | ||||||
10 | alternate candidate would better serve the needs of the | ||||||
11 | department, then the appointing authority has the right to pass | ||||||
12 | over the highest ranked person and appoint either: (i) any | ||||||
13 | person who has a ranking in the top 5% of the register of | ||||||
14 | eligibles or (ii) any person who is among the top 5 highest | ||||||
15 | ranked persons on the list of eligibles if the number of people | ||||||
16 | who have a ranking in the top 5% of the register of eligibles | ||||||
17 | is less than 5 people. | ||||||
18 | Any candidate may pass on an appointment once without | ||||||
19 | losing his or her position on the register of eligibles. Any | ||||||
20 | candidate who passes a second time may be removed from the list | ||||||
21 | by the appointing authority provided that such action shall not | ||||||
22 | prejudice a person's opportunities to participate in future | ||||||
23 | examinations, including an examination held during the time a | ||||||
24 | candidate is already on the municipality's register of | ||||||
25 | eligibles. | ||||||
26 | The sole authority to issue certificates of appointment |
| |||||||
| |||||||
1 | shall be vested in the board of fire and police commissioners. | ||||||
2 | All certificates of appointment issued to any officer or member | ||||||
3 | of an affected department shall be signed by the chairperson | ||||||
4 | and secretary, respectively, of the board upon appointment of | ||||||
5 | such officer or member to the affected department by action of | ||||||
6 | the board. Each person who accepts a certificate of appointment | ||||||
7 | and successfully completes his or her probationary period shall | ||||||
8 | be enrolled as a firefighter and as a regular member of the | ||||||
9 | fire department. | ||||||
10 | For the purposes of this Section, "firefighter" means any | ||||||
11 | person who has been prior to, on, or after the effective date | ||||||
12 | of this amendatory Act of the 97th General Assembly appointed | ||||||
13 | to a fire department or fire protection district or employed by | ||||||
14 | a State university and sworn or commissioned to perform | ||||||
15 | firefighter duties or paramedic duties, or both, except that | ||||||
16 | the following persons are not included: part-time | ||||||
17 | firefighters; auxiliary, reserve, or voluntary firefighters, | ||||||
18 | including paid-on-call firefighters; clerks and dispatchers or | ||||||
19 | other civilian employees of a fire department or fire | ||||||
20 | protection district who are not routinely expected to perform | ||||||
21 | firefighter duties; and elected officials. | ||||||
22 | (c) Qualification for placement on register of eligibles. | ||||||
23 | The purpose of establishing a register of eligibles is to | ||||||
24 | identify applicants who possess and demonstrate the mental | ||||||
25 | aptitude and physical ability to perform the duties required of | ||||||
26 | members of the fire department in order to provide the highest |
| |||||||
| |||||||
1 | quality of service to the public. To this end, all applicants | ||||||
2 | for original appointment to an affected fire department shall | ||||||
3 | be subject to examination and testing which shall be public, | ||||||
4 | competitive, and open to all applicants unless the municipality | ||||||
5 | shall by ordinance limit applicants to residents of the | ||||||
6 | municipality, county or counties in which the municipality is | ||||||
7 | located, State, or nation. Municipalities may establish | ||||||
8 | educational, emergency medical service licensure, and other | ||||||
9 | pre-requisites for participation in an examination or for hire | ||||||
10 | as a firefighter. Any municipality may charge a fee to cover | ||||||
11 | the costs of the application process. | ||||||
12 | Residency requirements in effect at the time an individual | ||||||
13 | enters the fire service of a municipality cannot be made more | ||||||
14 | restrictive for that individual during his or her period of | ||||||
15 | service for that municipality, or be made a condition of | ||||||
16 | promotion, except for the rank or position of fire chief and | ||||||
17 | for no more than 2 positions that rank immediately below that | ||||||
18 | of the chief rank which are appointed positions pursuant to the | ||||||
19 | Fire Department Promotion Act. | ||||||
20 | No person who is 35 years of age or older shall be eligible | ||||||
21 | to take an examination for a position as a firefighter unless | ||||||
22 | the person has had previous employment status as a firefighter | ||||||
23 | in the regularly constituted fire department of the | ||||||
24 | municipality, except as provided in this Section. The age | ||||||
25 | limitation does not apply to: | ||||||
26 | (1) any person previously employed as a full-time |
| |||||||
| |||||||
1 | firefighter in a regularly constituted fire department of | ||||||
2 | (i) any municipality or fire protection district located in | ||||||
3 | Illinois, (ii) a fire protection district whose | ||||||
4 | obligations were assumed by a municipality under Section 21 | ||||||
5 | of the Fire Protection District Act, or (iii) a | ||||||
6 | municipality whose obligations were taken over by a fire | ||||||
7 | protection district, or | ||||||
8 | (2) any person who has served a municipality as a | ||||||
9 | regularly enrolled volunteer, paid-on-call, or part-time | ||||||
10 | firefighter for the 5 years immediately preceding the time | ||||||
11 | that the municipality begins to use full-time firefighters | ||||||
12 | to provide all or part of its fire protection service. | ||||||
13 | No person who is under 21 years of age shall be eligible | ||||||
14 | for employment as a firefighter. | ||||||
15 | No applicant shall be examined concerning his or her | ||||||
16 | political or religious opinions or affiliations. The | ||||||
17 | examinations shall be conducted by the commissioners of the | ||||||
18 | municipality or their designees and agents. | ||||||
19 | No municipality shall require that any firefighter | ||||||
20 | appointed to the lowest rank serve a probationary employment | ||||||
21 | period of longer than one year of actual active employment, | ||||||
22 | which may exclude periods of training, or injury or illness | ||||||
23 | leaves, including duty related leave, in excess of 30 calendar | ||||||
24 | days. Notwithstanding anything to the contrary in this Section, | ||||||
25 | the probationary employment period limitation may be extended | ||||||
26 | for a firefighter who is required, as a condition of |
| |||||||
| |||||||
1 | employment, to be a certified paramedic, during which time the | ||||||
2 | sole reason that a firefighter may be discharged without a | ||||||
3 | hearing is for failing to meet the requirements for paramedic | ||||||
4 | certification. | ||||||
5 | In the event that any applicant who has been found eligible | ||||||
6 | for appointment and whose name has been placed upon the final | ||||||
7 | eligibility register provided for in this Section has not been | ||||||
8 | appointed to a firefighter position within one year after the | ||||||
9 | date of his or her physical ability examination, the commission | ||||||
10 | may cause a second examination to be made of that applicant's | ||||||
11 | physical ability prior to his or her appointment. If, after the | ||||||
12 | second examination, the physical ability of the applicant shall | ||||||
13 | be found to be less than the minimum standard fixed by the | ||||||
14 | rules of the commission, the applicant shall not be appointed. | ||||||
15 | The applicant's name may be retained upon the register of | ||||||
16 | candidates eligible for appointment and when next reached for | ||||||
17 | certification and appointment that applicant may be again | ||||||
18 | examined as provided in this Section, and if the physical | ||||||
19 | ability of that applicant is found to be less than the minimum | ||||||
20 | standard fixed by the rules of the commission, the applicant | ||||||
21 | shall not be appointed, and the name of the applicant shall be | ||||||
22 | removed from the register. | ||||||
23 | (d) Notice, examination, and testing components. Notice of | ||||||
24 | the time, place, general scope, merit criteria for any | ||||||
25 | subjective component, and fee of every examination shall be | ||||||
26 | given by the commission, by a publication at least 2 weeks |
| |||||||
| |||||||
1 | preceding the examination: (i) in one or more newspapers | ||||||
2 | published in the municipality, or if no newspaper is published | ||||||
3 | therein, then in one or more newspapers with a general | ||||||
4 | circulation within the municipality, or (ii) on the | ||||||
5 | municipality's Internet website. Additional notice of the | ||||||
6 | examination may be given as the commission shall prescribe. | ||||||
7 | The examination and qualifying standards for employment of | ||||||
8 | firefighters shall be based on: mental aptitude, physical | ||||||
9 | ability, preferences, moral character, and health. The mental | ||||||
10 | aptitude, physical ability, and preference components shall | ||||||
11 | determine an applicant's qualification for and placement on the | ||||||
12 | final register of eligibles. The examination may also include a | ||||||
13 | subjective component based on merit criteria as determined by | ||||||
14 | the commission. Scores from the examination must be made | ||||||
15 | available to the public. | ||||||
16 | (e) Mental aptitude. No person who does not possess at | ||||||
17 | least a high school diploma or an equivalent high school | ||||||
18 | education shall be placed on a register of eligibles. | ||||||
19 | Examination of an applicant's mental aptitude shall be based | ||||||
20 | upon a written examination. The examination shall be practical | ||||||
21 | in character and relate to those matters that fairly test the | ||||||
22 | capacity of the persons examined to discharge the duties | ||||||
23 | performed by members of a fire department. Written examinations | ||||||
24 | shall be administered in a manner that ensures the security and | ||||||
25 | accuracy of the scores achieved. | ||||||
26 | (f) Physical ability. All candidates shall be required to |
| |||||||
| |||||||
1 | undergo an examination of their physical ability to perform the | ||||||
2 | essential functions included in the duties they may be called | ||||||
3 | upon to perform as a member of a fire department. For the | ||||||
4 | purposes of this Section, essential functions of the job are | ||||||
5 | functions associated with duties that a firefighter may be | ||||||
6 | called upon to perform in response to emergency calls. The | ||||||
7 | frequency of the occurrence of those duties as part of the fire | ||||||
8 | department's regular routine shall not be a controlling factor | ||||||
9 | in the design of examination criteria or evolutions selected | ||||||
10 | for testing. These physical examinations shall be open, | ||||||
11 | competitive, and based on industry standards designed to test | ||||||
12 | each applicant's physical abilities in the following | ||||||
13 | dimensions: | ||||||
14 | (1) Muscular strength to perform tasks and evolutions | ||||||
15 | that may be required in the performance of duties including | ||||||
16 | grip strength, leg strength, and arm strength. Tests shall | ||||||
17 | be conducted under anaerobic as well as aerobic conditions | ||||||
18 | to test both the candidate's speed and endurance in | ||||||
19 | performing tasks and evolutions. Tasks tested may be based | ||||||
20 | on standards developed, or approved, by the local | ||||||
21 | appointing authority. | ||||||
22 | (2) The ability to climb ladders, operate from heights, | ||||||
23 | walk or crawl in the dark along narrow and uneven surfaces, | ||||||
24 | and operate in proximity to hazardous environments. | ||||||
25 | (3) The ability to carry out critical, time-sensitive, | ||||||
26 | and complex problem solving during physical exertion in |
| |||||||
| |||||||
1 | stressful and hazardous environments. The testing | ||||||
2 | environment may be hot and dark with tightly enclosed | ||||||
3 | spaces, flashing lights, sirens, and other distractions. | ||||||
4 | The tests utilized to measure each applicant's
| ||||||
5 | capabilities in each of these dimensions may be tests based on
| ||||||
6 | industry standards currently in use or equivalent tests | ||||||
7 | approved by the Joint Labor-Management Committee of the Office | ||||||
8 | of the State Fire Marshal. | ||||||
9 | Physical ability examinations administered under this | ||||||
10 | Section shall be conducted with a reasonable number of proctors | ||||||
11 | and monitors, open to the public, and subject to reasonable | ||||||
12 | regulations of the commission. | ||||||
13 | (g) Scoring of examination components. Appointing | ||||||
14 | authorities may create a preliminary eligibility register. A | ||||||
15 | person shall be placed on the list based upon his or her | ||||||
16 | passage of the written examination and any applicable | ||||||
17 | preference credits or the passage of the written examination , | ||||||
18 | any applicable preference credits, and the physical ability | ||||||
19 | component. Passage of the written examination means a score | ||||||
20 | that is at or above the median score for all applicants | ||||||
21 | participating in the written test after adding any applicable | ||||||
22 | preference credits as described in subsection (h) . The | ||||||
23 | appointing authority may conduct the physical ability | ||||||
24 | component and any subjective components subsequent to the | ||||||
25 | posting of the preliminary eligibility register. | ||||||
26 | The examination components for an initial eligibility |
| |||||||
| |||||||
1 | register shall be graded on a 100-point scale. A person's | ||||||
2 | position on the list shall be determined by the following: (i)
| ||||||
3 | the person's score on the written examination, (ii) the person
| ||||||
4 | successfully passing the physical ability component, and (iii) | ||||||
5 | the
person's results on any subjective component as described | ||||||
6 | in
subsection (d) , and (iv) any applicable preference credits | ||||||
7 | as described in subsection (h) . | ||||||
8 | In order to qualify for placement on the final eligibility | ||||||
9 | register, an applicant's score on the written examination, | ||||||
10 | after before any applicable preference points or subjective | ||||||
11 | points are applied, shall be at or above the median score. The | ||||||
12 | local appointing authority may prescribe the score to qualify | ||||||
13 | for placement on the final eligibility register, but the score | ||||||
14 | shall not be less than the median score. | ||||||
15 | The commission shall prepare and keep a register of persons | ||||||
16 | whose total score is not less than the minimum fixed by this | ||||||
17 | Section and who have passed the physical ability examination. | ||||||
18 | These persons shall take rank upon the register as candidates | ||||||
19 | in the order of their relative excellence based on the highest | ||||||
20 | to the lowest total points scored on the mental aptitude, | ||||||
21 | subjective component, and preference components of the test | ||||||
22 | administered in accordance with this Section. No more than 60 | ||||||
23 | days after each examination, an initial eligibility list shall | ||||||
24 | be posted by the commission. The list shall include the final | ||||||
25 | grades of the candidates without reference to priority of the | ||||||
26 | time of examination and subject to claim for preference credit . |
| |||||||
| |||||||
1 | Commissions may conduct additional examinations, including | ||||||
2 | without limitation a polygraph test, after a final eligibility | ||||||
3 | register is established and before it expires with the | ||||||
4 | candidates ranked by total score without regard to date of | ||||||
5 | examination. No more than 60 days after each examination, an | ||||||
6 | initial eligibility list shall be posted by the commission | ||||||
7 | showing the final grades of the candidates without reference to | ||||||
8 | priority of time of examination and subject to claim for | ||||||
9 | preference credit . | ||||||
10 | (h) Preferences. The following are preferences: | ||||||
11 | (1) Veteran preference. Persons who were engaged in the | ||||||
12 | military service of the United States for a period of at | ||||||
13 | least one year of active duty and who were honorably | ||||||
14 | discharged therefrom, or who are now or have been members | ||||||
15 | on inactive or reserve duty in such military or naval | ||||||
16 | service, shall be preferred for appointment to and | ||||||
17 | employment with the fire department of an affected | ||||||
18 | department. | ||||||
19 | (2) Fire cadet preference. Persons who have | ||||||
20 | successfully completed 2 years of study in fire techniques | ||||||
21 | or cadet training within a cadet program established under | ||||||
22 | the rules of the Joint Labor and Management Committee | ||||||
23 | (JLMC), as defined in Section 50 of the Fire Department | ||||||
24 | Promotion Act, may be preferred for appointment to and | ||||||
25 | employment with the fire department. | ||||||
26 | (3) Educational preference. Persons who have |
| |||||||
| |||||||
1 | successfully obtained an associate's degree in the field of | ||||||
2 | fire service or emergency medical services, or a bachelor's | ||||||
3 | degree from an accredited college or university may be | ||||||
4 | preferred for appointment to and employment with the fire | ||||||
5 | department. | ||||||
6 | (4) Paramedic preference. Persons who have obtained | ||||||
7 | certification as an Emergency Medical Technician-Paramedic | ||||||
8 | (EMT-P) shall be preferred for appointment to and | ||||||
9 | employment with the fire department of an affected | ||||||
10 | department providing emergency medical services. | ||||||
11 | (5) Experience preference. All persons employed by a | ||||||
12 | municipality who have been paid-on-call or part-time | ||||||
13 | certified Firefighter II, State of Illinois or nationally | ||||||
14 | licensed EMT-B or EMT-I, or any combination of those | ||||||
15 | capacities shall be awarded 0.5 point for each year of | ||||||
16 | successful service in one or more of those capacities, up | ||||||
17 | to a maximum of 5 points. Certified Firefighter III and | ||||||
18 | State of Illinois or nationally licensed paramedics shall | ||||||
19 | be awarded one point per year up to a maximum of 5 points. | ||||||
20 | Applicants from outside the municipality who were employed | ||||||
21 | as full-time firefighters or firefighter-paramedics by a | ||||||
22 | fire protection district or another municipality for at | ||||||
23 | least 2 years shall be awarded 5 experience preference | ||||||
24 | points. These additional points presuppose a rating scale | ||||||
25 | totaling 100 points available for the eligibility list. If | ||||||
26 | more or fewer points are used in the rating scale for the |
| |||||||
| |||||||
1 | eligibility list, the points awarded under this subsection | ||||||
2 | shall be increased or decreased by a factor equal to the | ||||||
3 | total possible points available for the examination | ||||||
4 | divided by 100. | ||||||
5 | Upon request by the commission, the governing body of | ||||||
6 | the municipality or in the case of applicants from outside | ||||||
7 | the municipality the governing body of any fire protection | ||||||
8 | district or any other municipality shall certify to the | ||||||
9 | commission, within 10 days after the request, the number of | ||||||
10 | years of successful paid-on-call, part-time, or full-time | ||||||
11 | service of any person. A candidate may not receive the full | ||||||
12 | amount of preference points under this subsection if the | ||||||
13 | amount of points awarded would place the candidate before a | ||||||
14 | veteran on the eligibility list. If more than one candidate | ||||||
15 | receiving experience preference points is prevented from | ||||||
16 | receiving all of their points due to not being allowed to | ||||||
17 | pass a veteran, the candidates shall be placed on the list | ||||||
18 | below the veteran in rank order based on the totals | ||||||
19 | received if all points under this subsection were to be | ||||||
20 | awarded. Any remaining ties on the list shall be determined | ||||||
21 | by lot. | ||||||
22 | (6) Residency preference. Applicants whose principal | ||||||
23 | residence is located within the fire department's | ||||||
24 | jurisdiction shall be preferred for appointment to and | ||||||
25 | employment with the fire department. | ||||||
26 | (7) Additional preferences. Up to 5 additional |
| |||||||
| |||||||
1 | preference points may be awarded for unique categories | ||||||
2 | based on an applicant's experience or background as | ||||||
3 | identified by the commission. | ||||||
4 | (8) Scoring of preferences. The commission shall give | ||||||
5 | preference for original appointment
to persons designated | ||||||
6 | in item (1)
by adding to the written examination score | ||||||
7 | final grade that they receive 5 points
for the recognized | ||||||
8 | preference achieved. The commission shall determine the | ||||||
9 | number of preference points for each category except (1). | ||||||
10 | The number of preference points for each category shall | ||||||
11 | range from 0 to 5. In determining the number of preference | ||||||
12 | points, the commission shall prescribe that if a candidate | ||||||
13 | earns the maximum number of preference points in all | ||||||
14 | categories, that number may not be less than 10 nor more | ||||||
15 | than 30. The commission shall give preference for original | ||||||
16 | appointment to persons designated in items (2) through (7) | ||||||
17 | by adding the requisite number of points to the written | ||||||
18 | examination score final grade for each recognized | ||||||
19 | preference achieved. The numerical result thus attained | ||||||
20 | shall be applied by the commission in determining the | ||||||
21 | preliminary, initial, and final eligibility lists list and | ||||||
22 | appointment from the eligibility list. The local | ||||||
23 | appointing authority may prescribe the total number of | ||||||
24 | preference points awarded under this Section, but the total | ||||||
25 | number of preference points shall not be less than 10 | ||||||
26 | points or more than 30 points. |
| |||||||
| |||||||
1 | A candidate may not receive the full amount of preference | ||||||
2 | points under this subsection if the amount of points awarded | ||||||
3 | would place the candidate before a veteran on the eligibility | ||||||
4 | list. If more than one candidate receiving experience | ||||||
5 | preference points is prevented from receiving all of their | ||||||
6 | points due to not being allowed to pass a veteran, the | ||||||
7 | candidates shall be placed on the list below the veteran in | ||||||
8 | rank order based on the totals received if all points under | ||||||
9 | this subsection were to be awarded. | ||||||
10 | Persons No person entitled to any preference shall be | ||||||
11 | required to claim the credit before any examination held under | ||||||
12 | the provisions of this Section, but the preference shall be | ||||||
13 | given before after the posting or publication of the initial | ||||||
14 | eligibility list or register , and at the request of a person | ||||||
15 | entitled to a credit before any certification or appointments | ||||||
16 | are made from the eligibility register, upon the furnishing of | ||||||
17 | verifiable evidence and proof of qualifying preference credit. | ||||||
18 | Candidates who are eligible for preference credit shall make a | ||||||
19 | claim in writing within 10 days after the posting of the | ||||||
20 | initial eligibility list, or the claim shall be deemed waived. | ||||||
21 | Preliminary, initial, and final Final eligibility registers | ||||||
22 | shall be established after the awarding of verified preference | ||||||
23 | points. All employment shall be subject to the commission's | ||||||
24 | initial hire background review including, but not limited to, | ||||||
25 | criminal history, employment history, moral character, oral | ||||||
26 | examination, and medical and psychological examinations, all |
| |||||||
| |||||||
1 | on a pass-fail basis. The medical and psychological | ||||||
2 | examinations must be conducted last, and may only be performed | ||||||
3 | after a conditional offer of employment has been extended. | ||||||
4 | Any person placed on an eligibility list who exceeds the | ||||||
5 | age requirement before being appointed to a fire department | ||||||
6 | shall remain eligible for appointment until the list is | ||||||
7 | abolished, or his or her name has been on the list for a period | ||||||
8 | of 2 years. No person who has attained the age of 35 years | ||||||
9 | shall be inducted into a fire department, except as otherwise | ||||||
10 | provided in this Section. | ||||||
11 | The commission shall strike off the names of candidates for | ||||||
12 | original appointment after the names have been on the list for | ||||||
13 | more than 2 years. | ||||||
14 | (i) Moral character. No person shall be appointed to a fire | ||||||
15 | department unless he or she is a person of good character; not | ||||||
16 | a habitual drunkard, a gambler, or a person who has been | ||||||
17 | convicted of a felony or a crime involving moral turpitude. | ||||||
18 | However, no person shall be disqualified from appointment to | ||||||
19 | the fire department because of the person's record of | ||||||
20 | misdemeanor convictions except those under Sections 11-6, | ||||||
21 | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||||||
22 | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||||||
23 | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections | ||||||
24 | 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the | ||||||
25 | Criminal Code of 2012, or arrest for any cause without | ||||||
26 | conviction thereon. Any such person who is in the department |
| |||||||
| |||||||
1 | may be removed on charges brought for violating this subsection | ||||||
2 | and after a trial as hereinafter provided. | ||||||
3 | A classifiable set of the fingerprints of every person who | ||||||
4 | is offered employment as a certificated member of an affected | ||||||
5 | fire department whether with or without compensation, shall be | ||||||
6 | furnished to the Illinois Department of State Police and to the | ||||||
7 | Federal Bureau of Investigation by the commission. | ||||||
8 | Whenever a commission is authorized or required by law to | ||||||
9 | consider some aspect of criminal history record information for | ||||||
10 | the purpose of carrying out its statutory powers and | ||||||
11 | responsibilities, then, upon request and payment of fees in | ||||||
12 | conformance with the requirements of Section 2605-400 of the | ||||||
13 | State Police Law of the Civil Administrative Code of Illinois, | ||||||
14 | the Department of State Police is authorized to furnish, | ||||||
15 | pursuant to positive identification, the information contained | ||||||
16 | in State files as is necessary to fulfill the request. | ||||||
17 | (j) Temporary appointments. In order to prevent a stoppage | ||||||
18 | of public business, to meet extraordinary exigencies, or to | ||||||
19 | prevent material impairment of the fire department, the | ||||||
20 | commission may make temporary appointments, to remain in force | ||||||
21 | only until regular appointments are made under the provisions | ||||||
22 | of this Division, but never to exceed 60 days. No temporary | ||||||
23 | appointment of any one person shall be made more than twice in | ||||||
24 | any calendar year. | ||||||
25 | (k) A person who knowingly divulges or receives test | ||||||
26 | questions or answers before a written examination, or otherwise |
| |||||||
| |||||||
1 | knowingly violates or subverts any requirement of this Section, | ||||||
2 | commits a violation of this Section and may be subject to | ||||||
3 | charges for official misconduct. | ||||||
4 | A person who is the knowing recipient of test information | ||||||
5 | in advance of the examination shall be disqualified from the | ||||||
6 | examination or discharged from the position to which he or she | ||||||
7 | was appointed, as applicable, and otherwise subjected to | ||||||
8 | disciplinary actions.
| ||||||
9 | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; | ||||||
10 | 97-1150, eff. 1-25-13.)
|