Illinois 2025-2026 Regular Session

Illinois House Bill HB2476 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2476 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED: 65 ILCS 5/10-1-7.165 ILCS 5/10-2.1-6.370 ILCS 705/16.06b Amends the Municipal Code and the Fire Protection District Act. Provides that no person under the age of 18 (rather than 21) shall be eligible for employment as a firefighter. LRB104 09912 RTM 19982 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2476 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED: 65 ILCS 5/10-1-7.165 ILCS 5/10-2.1-6.370 ILCS 705/16.06b 65 ILCS 5/10-1-7.1 65 ILCS 5/10-2.1-6.3 70 ILCS 705/16.06b Amends the Municipal Code and the Fire Protection District Act. Provides that no person under the age of 18 (rather than 21) shall be eligible for employment as a firefighter. LRB104 09912 RTM 19982 b LRB104 09912 RTM 19982 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2476 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED:
33 65 ILCS 5/10-1-7.165 ILCS 5/10-2.1-6.370 ILCS 705/16.06b 65 ILCS 5/10-1-7.1 65 ILCS 5/10-2.1-6.3 70 ILCS 705/16.06b
44 65 ILCS 5/10-1-7.1
55 65 ILCS 5/10-2.1-6.3
66 70 ILCS 705/16.06b
77 Amends the Municipal Code and the Fire Protection District Act. Provides that no person under the age of 18 (rather than 21) shall be eligible for employment as a firefighter.
88 LRB104 09912 RTM 19982 b LRB104 09912 RTM 19982 b
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1313 1 AN ACT concerning local government.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 5. The Illinois Municipal Code is amended by
1717 5 changing Sections 10-1-7.1 and 10-2.1-6.3 as follows:
1818 6 (65 ILCS 5/10-1-7.1)
1919 7 Sec. 10-1-7.1. Original appointments; full-time fire
2020 8 department.
2121 9 (a) Applicability. Unless a commission elects to follow
2222 10 the provisions of Section 10-1-7.2, this Section shall apply
2323 11 to all original appointments to an affected full-time fire
2424 12 department. Existing registers of eligibles shall continue to
2525 13 be valid until their expiration dates, or up to a maximum of 2
2626 14 years after August 4, 2011 (the effective date of Public Act
2727 15 97-251).
2828 16 Notwithstanding any statute, ordinance, rule, or other law
2929 17 to the contrary, all original appointments to an affected
3030 18 department to which this Section applies shall be administered
3131 19 in the manner provided for in this Section. Provisions of the
3232 20 Illinois Municipal Code, municipal ordinances, and rules
3333 21 adopted pursuant to such authority and other laws relating to
3434 22 initial hiring of firefighters in affected departments shall
3535 23 continue to apply to the extent they are compatible with this
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3939 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2476 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED:
4040 65 ILCS 5/10-1-7.165 ILCS 5/10-2.1-6.370 ILCS 705/16.06b 65 ILCS 5/10-1-7.1 65 ILCS 5/10-2.1-6.3 70 ILCS 705/16.06b
4141 65 ILCS 5/10-1-7.1
4242 65 ILCS 5/10-2.1-6.3
4343 70 ILCS 705/16.06b
4444 Amends the Municipal Code and the Fire Protection District Act. Provides that no person under the age of 18 (rather than 21) shall be eligible for employment as a firefighter.
4545 LRB104 09912 RTM 19982 b LRB104 09912 RTM 19982 b
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7474 1 Section, but in the event of a conflict between this Section
7575 2 and any other law, this Section shall control.
7676 3 A home rule or non-home rule municipality may not
7777 4 administer its fire department process for original
7878 5 appointments in a manner that is less stringent than this
7979 6 Section. This Section is a limitation under subsection (i) of
8080 7 Section 6 of Article VII of the Illinois Constitution on the
8181 8 concurrent exercise by home rule units of the powers and
8282 9 functions exercised by the State.
8383 10 A municipality that is operating under a court order or
8484 11 consent decree regarding original appointments to a full-time
8585 12 fire department before August 4, 2011 (the effective date of
8686 13 Public Act 97-251) is exempt from the requirements of this
8787 14 Section for the duration of the court order or consent decree.
8888 15 Notwithstanding any other provision of this subsection
8989 16 (a), this Section does not apply to a municipality with more
9090 17 than 1,000,000 inhabitants.
9191 18 (b) Original appointments. All original appointments made
9292 19 to an affected fire department shall be made from a register of
9393 20 eligibles established in accordance with the processes
9494 21 established by this Section. Only persons who meet or exceed
9595 22 the performance standards required by this Section shall be
9696 23 placed on a register of eligibles for original appointment to
9797 24 an affected fire department.
9898 25 Whenever an appointing authority authorizes action to hire
9999 26 a person to perform the duties of a firefighter or to hire a
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110110 1 firefighter-paramedic to fill a position that is a new
111111 2 position or vacancy due to resignation, discharge, promotion,
112112 3 death, the granting of a disability or retirement pension, or
113113 4 any other cause, the appointing authority shall appoint to
114114 5 that position the person with the highest ranking on the final
115115 6 eligibility list. If the appointing authority has reason to
116116 7 conclude that the highest ranked person fails to meet the
117117 8 minimum standards for the position or if the appointing
118118 9 authority believes an alternate candidate would better serve
119119 10 the needs of the department, then the appointing authority has
120120 11 the right to pass over the highest ranked person and appoint
121121 12 either: (i) any person who has a ranking in the top 5% of the
122122 13 register of eligibles or (ii) any person who is among the top 5
123123 14 highest ranked persons on the list of eligibles if the number
124124 15 of people who have a ranking in the top 5% of the register of
125125 16 eligibles is less than 5 people.
126126 17 Any candidate may pass on an appointment once without
127127 18 losing his or her position on the register of eligibles. Any
128128 19 candidate who passes a second time may be removed from the list
129129 20 by the appointing authority provided that such action shall
130130 21 not prejudice a person's opportunities to participate in
131131 22 future examinations, including an examination held during the
132132 23 time a candidate is already on the municipality's register of
133133 24 eligibles.
134134 25 The sole authority to issue certificates of appointment
135135 26 shall be vested in the Civil Service Commission. All
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146146 1 certificates of appointment issued to any officer or member of
147147 2 an affected department shall be signed by the chairperson and
148148 3 secretary, respectively, of the commission upon appointment of
149149 4 such officer or member to the affected department by the
150150 5 commission. After being selected from the register of
151151 6 eligibles to fill a vacancy in the affected department, each
152152 7 appointee shall be presented with his or her certificate of
153153 8 appointment on the day on which he or she is sworn in as a
154154 9 classified member of the affected department. Firefighters who
155155 10 were not issued a certificate of appointment when originally
156156 11 appointed shall be provided with a certificate within 10 days
157157 12 after making a written request to the chairperson of the Civil
158158 13 Service Commission. Each person who accepts a certificate of
159159 14 appointment and successfully completes his or her probationary
160160 15 period shall be enrolled as a firefighter and as a regular
161161 16 member of the fire department.
162162 17 For the purposes of this Section, "firefighter" means any
163163 18 person who has been prior to, on, or after August 4, 2011 (the
164164 19 effective date of Public Act 97-251) appointed to a fire
165165 20 department or fire protection district or employed by a State
166166 21 university and sworn or commissioned to perform firefighter
167167 22 duties or paramedic duties, or both, except that the following
168168 23 persons are not included: part-time firefighters; auxiliary,
169169 24 reserve, or voluntary firefighters, including paid-on-call
170170 25 firefighters; clerks and dispatchers or other civilian
171171 26 employees of a fire department or fire protection district who
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182182 1 are not routinely expected to perform firefighter duties; and
183183 2 elected officials.
184184 3 (c) Qualification for placement on register of eligibles.
185185 4 The purpose of establishing a register of eligibles is to
186186 5 identify applicants who possess and demonstrate the mental
187187 6 aptitude and physical ability to perform the duties required
188188 7 of members of the fire department in order to provide the
189189 8 highest quality of service to the public. To this end, all
190190 9 applicants for original appointment to an affected fire
191191 10 department shall be subject to examination and testing which
192192 11 shall be public, competitive, and open to all applicants
193193 12 unless the municipality shall by ordinance limit applicants to
194194 13 residents of the municipality, county or counties in which the
195195 14 municipality is located, State, or nation. Any examination and
196196 15 testing procedure utilized under subsection (e) of this
197197 16 Section shall be supported by appropriate validation evidence
198198 17 and shall comply with all applicable State and federal laws.
199199 18 Municipalities may establish educational, emergency medical
200200 19 service licensure, and other prerequisites for participation
201201 20 in an examination or for hire as a firefighter. Any
202202 21 municipality may charge a fee to cover the costs of the
203203 22 application process.
204204 23 Residency requirements in effect at the time an individual
205205 24 enters the fire service of a municipality cannot be made more
206206 25 restrictive for that individual during his or her period of
207207 26 service for that municipality, or be made a condition of
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218218 1 promotion, except for the rank or position of fire chief and
219219 2 for no more than 2 positions that rank immediately below that
220220 3 of the chief rank which are appointed positions pursuant to
221221 4 the Fire Department Promotion Act.
222222 5 No person who is 35 years of age or older shall be eligible
223223 6 to take an examination for a position as a firefighter unless
224224 7 the person has had previous employment status as a firefighter
225225 8 in the regularly constituted fire department of the
226226 9 municipality, except as provided in this Section. The age
227227 10 limitation does not apply to:
228228 11 (1) any person previously employed as a full-time
229229 12 firefighter in a regularly constituted fire department of
230230 13 (i) any municipality or fire protection district located
231231 14 in Illinois, (ii) a fire protection district whose
232232 15 obligations were assumed by a municipality under Section
233233 16 21 of the Fire Protection District Act, or (iii) a
234234 17 municipality whose obligations were taken over by a fire
235235 18 protection district,
236236 19 (2) any person who has served a municipality as a
237237 20 regularly enrolled volunteer, paid-on-call, or part-time
238238 21 firefighter, or
239239 22 (3) any person who turned 35 while serving as a member
240240 23 of the active or reserve components of any of the branches
241241 24 of the Armed Forces of the United States or the National
242242 25 Guard of any state, whose service was characterized as
243243 26 honorable or under honorable, if separated from the
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254254 1 military, and is currently under the age of 40.
255255 2 No person who is under 18 21 years of age shall be eligible
256256 3 for employment as a firefighter.
257257 4 No applicant shall be examined concerning his or her
258258 5 political or religious opinions or affiliations. The
259259 6 examinations shall be conducted by the commissioners of the
260260 7 municipality or their designees and agents.
261261 8 No municipality shall require that any firefighter
262262 9 appointed to the lowest rank serve a probationary employment
263263 10 period of longer than one year of actual active employment,
264264 11 which may exclude periods of training, or injury or illness
265265 12 leaves, including duty related leave, in excess of 30 calendar
266266 13 days. Notwithstanding anything to the contrary in this
267267 14 Section, the probationary employment period limitation may be
268268 15 extended for a firefighter who is required, as a condition of
269269 16 employment, to be a licensed paramedic, during which time the
270270 17 sole reason that a firefighter may be discharged without a
271271 18 hearing is for failing to meet the requirements for paramedic
272272 19 licensure.
273273 20 In the event that any applicant who has been found
274274 21 eligible for appointment and whose name has been placed upon
275275 22 the final eligibility register provided for in this Division 1
276276 23 has not been appointed to a firefighter position within one
277277 24 year after the date of his or her physical ability
278278 25 examination, the commission may cause a second examination to
279279 26 be made of that applicant's physical ability prior to his or
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290290 1 her appointment. If, after the second examination, the
291291 2 physical ability of the applicant shall be found to be less
292292 3 than the minimum standard fixed by the rules of the
293293 4 commission, the applicant shall not be appointed. The
294294 5 applicant's name may be retained upon the register of
295295 6 candidates eligible for appointment and when next reached for
296296 7 certification and appointment that applicant may be again
297297 8 examined as provided in this Section, and if the physical
298298 9 ability of that applicant is found to be less than the minimum
299299 10 standard fixed by the rules of the commission, the applicant
300300 11 shall not be appointed, and the name of the applicant shall be
301301 12 removed from the register.
302302 13 (d) Notice, examination, and testing components. Notice of
303303 14 the time, place, general scope, merit criteria for any
304304 15 subjective component, and fee of every examination shall be
305305 16 given by the commission, by a publication at least 2 weeks
306306 17 preceding the examination: (i) in one or more newspapers
307307 18 published in the municipality, or if no newspaper is published
308308 19 therein, then in one or more newspapers with a general
309309 20 circulation within the municipality, or (ii) on the
310310 21 municipality's Internet website. Additional notice of the
311311 22 examination may be given as the commission shall prescribe.
312312 23 The examination and qualifying standards for employment of
313313 24 firefighters shall be based on: mental aptitude, physical
314314 25 ability, preferences, moral character, and health. The mental
315315 26 aptitude, physical ability, and preference components shall
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326326 1 determine an applicant's qualification for and placement on
327327 2 the final register of eligibles. The examination may also
328328 3 include a subjective component based on merit criteria as
329329 4 determined by the commission. Scores from the examination must
330330 5 be made available to the public.
331331 6 (e) Mental aptitude. No person who does not possess at
332332 7 least a high school diploma or an equivalent high school
333333 8 education shall be placed on a register of eligibles.
334334 9 Examination of an applicant's mental aptitude shall be based
335335 10 upon a written examination. The examination shall be practical
336336 11 in character and relate to those matters that fairly test the
337337 12 capacity of the persons examined to discharge the duties
338338 13 performed by members of a fire department. Written
339339 14 examinations shall be administered in a manner that ensures
340340 15 the security and accuracy of the scores achieved.
341341 16 (f) Physical ability. All candidates shall be required to
342342 17 undergo an examination of their physical ability to perform
343343 18 the essential functions included in the duties they may be
344344 19 called upon to perform as a member of a fire department. For
345345 20 the purposes of this Section, essential functions of the job
346346 21 are functions associated with duties that a firefighter may be
347347 22 called upon to perform in response to emergency calls. The
348348 23 frequency of the occurrence of those duties as part of the fire
349349 24 department's regular routine shall not be a controlling factor
350350 25 in the design of examination criteria or evolutions selected
351351 26 for testing. These physical examinations shall be open,
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362362 1 competitive, and based on industry standards designed to test
363363 2 each applicant's physical abilities in the following
364364 3 dimensions:
365365 4 (1) Muscular strength to perform tasks and evolutions
366366 5 that may be required in the performance of duties
367367 6 including grip strength, leg strength, and arm strength.
368368 7 Tests shall be conducted under anaerobic as well as
369369 8 aerobic conditions to test both the candidate's speed and
370370 9 endurance in performing tasks and evolutions. Tasks tested
371371 10 may be based on standards developed, or approved, by the
372372 11 local appointing authority.
373373 12 (2) The ability to climb ladders, operate from
374374 13 heights, walk or crawl in the dark along narrow and uneven
375375 14 surfaces, and operate in proximity to hazardous
376376 15 environments.
377377 16 (3) The ability to carry out critical, time-sensitive,
378378 17 and complex problem solving during physical exertion in
379379 18 stressful and hazardous environments. The testing
380380 19 environment may be hot and dark with tightly enclosed
381381 20 spaces, flashing lights, sirens, and other distractions.
382382 21 The tests utilized to measure each applicant's
383383 22 capabilities in each of these dimensions may be tests based on
384384 23 industry standards currently in use or equivalent tests
385385 24 approved by the Joint Labor-Management Committee of the Office
386386 25 of the State Fire Marshal.
387387 26 Physical ability examinations administered under this
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398398 1 Section shall be conducted with a reasonable number of
399399 2 proctors and monitors, open to the public, and subject to
400400 3 reasonable regulations of the commission.
401401 4 (g) Scoring of examination components. Appointing
402402 5 authorities may create a preliminary eligibility register. A
403403 6 person shall be placed on the list based upon his or her
404404 7 passage of the written examination or the passage of the
405405 8 written examination and the physical ability component.
406406 9 Passage of the written examination means attaining the minimum
407407 10 score set by the commission. Minimum scores should be set by
408408 11 the commission so as to demonstrate a candidate's ability to
409409 12 perform the essential functions of the job. The minimum score
410410 13 set by the commission shall be supported by appropriate
411411 14 validation evidence and shall comply with all applicable State
412412 15 and federal laws. The appointing authority may conduct the
413413 16 physical ability component and any subjective components
414414 17 subsequent to the posting of the preliminary eligibility
415415 18 register.
416416 19 The examination components for an initial eligibility
417417 20 register shall be graded on a 100-point scale. A person's
418418 21 position on the list shall be determined by the following: (i)
419419 22 the person's score on the written examination, (ii) the person
420420 23 successfully passing the physical ability component, and (iii)
421421 24 the person's results on any subjective component as described
422422 25 in subsection (d).
423423 26 In order to qualify for placement on the final eligibility
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434434 1 register, an applicant's score on the written examination,
435435 2 before any applicable preference points or subjective points
436436 3 are applied, shall be at or above the minimum score set by the
437437 4 commission. The local appointing authority may prescribe the
438438 5 score to qualify for placement on the final eligibility
439439 6 register, but the score shall not be less than the minimum
440440 7 score set by the commission.
441441 8 The commission shall prepare and keep a register of
442442 9 persons whose total score is not less than the minimum score
443443 10 for passage and who have passed the physical ability
444444 11 examination. These persons shall take rank upon the register
445445 12 as candidates in the order of their relative excellence based
446446 13 on the highest to the lowest total points scored on the mental
447447 14 aptitude, subjective component, and preference components of
448448 15 the test administered in accordance with this Section. No more
449449 16 than 60 days after each examination, an initial eligibility
450450 17 list shall be posted by the commission. The list shall include
451451 18 the final grades of the candidates without reference to
452452 19 priority of the time of examination and subject to claim for
453453 20 preference credit.
454454 21 Commissions may conduct additional examinations, including
455455 22 without limitation a polygraph test, after a final eligibility
456456 23 register is established and before it expires with the
457457 24 candidates ranked by total score without regard to date of
458458 25 examination. No more than 60 days after each examination, an
459459 26 initial eligibility list shall be posted by the commission
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470470 1 showing the final grades of the candidates without reference
471471 2 to priority of time of examination and subject to claim for
472472 3 preference credit.
473473 4 (h) Preferences. The following are preferences:
474474 5 (1) Veteran preference. Persons who were engaged in
475475 6 the military service of the United States for a period of
476476 7 at least one year of active duty and who were honorably
477477 8 discharged therefrom, or who are now or have been members
478478 9 on inactive or reserve duty in such military or naval
479479 10 service, shall be preferred for appointment to and
480480 11 employment with the fire department of an affected
481481 12 department.
482482 13 (2) Fire cadet preference. Persons who have
483483 14 successfully completed 2 years of study in fire techniques
484484 15 or cadet training within a cadet program established under
485485 16 the rules of the Joint Labor and Management Committee
486486 17 (JLMC), as defined in Section 50 of the Fire Department
487487 18 Promotion Act, may be preferred for appointment to and
488488 19 employment with the fire department.
489489 20 (3) Educational preference. Persons who have
490490 21 successfully obtained an associate's degree in the field
491491 22 of fire service or emergency medical services, or a
492492 23 bachelor's degree from an accredited college or university
493493 24 may be preferred for appointment to and employment with
494494 25 the fire department.
495495 26 (4) Paramedic preference. Persons who have obtained a
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506506 1 license as a paramedic may be preferred for appointment to
507507 2 and employment with the fire department of an affected
508508 3 department providing emergency medical services.
509509 4 (5) Experience preference. All persons employed by a
510510 5 municipality who have been paid-on-call or part-time
511511 6 certified Firefighter II, certified Firefighter III, State
512512 7 of Illinois or nationally licensed EMT, EMT-I, A-EMT, or
513513 8 paramedic, or any combination of those capacities may be
514514 9 awarded up to a maximum of 5 points. However, the
515515 10 applicant may not be awarded more than 0.5 points for each
516516 11 complete year of paid-on-call or part-time service.
517517 12 Applicants from outside the municipality who were employed
518518 13 as full-time firefighters or firefighter-paramedics by a
519519 14 fire protection district or another municipality may be
520520 15 awarded up to 5 experience preference points. However, the
521521 16 applicant may not be awarded more than one point for each
522522 17 complete year of full-time service.
523523 18 Upon request by the commission, the governing body of
524524 19 the municipality or in the case of applicants from outside
525525 20 the municipality the governing body of any fire protection
526526 21 district or any other municipality shall certify to the
527527 22 commission, within 10 days after the request, the number
528528 23 of years of successful paid-on-call, part-time, or
529529 24 full-time service of any person. A candidate may not
530530 25 receive the full amount of preference points under this
531531 26 subsection if the amount of points awarded would place the
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542542 1 candidate before a veteran on the eligibility list. If
543543 2 more than one candidate receiving experience preference
544544 3 points is prevented from receiving all of their points due
545545 4 to not being allowed to pass a veteran, the candidates
546546 5 shall be placed on the list below the veteran in rank order
547547 6 based on the totals received if all points under this
548548 7 subsection were to be awarded. Any remaining ties on the
549549 8 list shall be determined by lot.
550550 9 (6) Residency preference. Applicants whose principal
551551 10 residence is located within the fire department's
552552 11 jurisdiction may be preferred for appointment to and
553553 12 employment with the fire department.
554554 13 (7) Additional preferences. Up to 5 additional
555555 14 preference points may be awarded for unique categories
556556 15 based on an applicant's experience or background as
557557 16 identified by the commission.
558558 17 (7.5) Apprentice preferences. A person who has
559559 18 performed fire suppression service for a department as a
560560 19 firefighter apprentice and otherwise meets the
561561 20 qualifications for original appointment as a firefighter
562562 21 specified in this Section may be awarded up to 20
563563 22 preference points. To qualify for preference points, an
564564 23 applicant shall have completed a minimum of 600 hours of
565565 24 fire suppression work on a regular shift for the affected
566566 25 fire department over a 12-month period. The fire
567567 26 suppression work must be in accordance with Section
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578578 1 10-1-14 of this Division and the terms established by a
579579 2 Joint Apprenticeship Committee included in a collective
580580 3 bargaining agreement agreed between the employer and its
581581 4 certified bargaining agent. An eligible applicant must
582582 5 apply to the Joint Apprenticeship Committee for preference
583583 6 points under this item. The Joint Apprenticeship Committee
584584 7 shall evaluate the merit of the applicant's performance,
585585 8 determine the preference points to be awarded, and certify
586586 9 the amount of points awarded to the commissioners. The
587587 10 commissioners may add the certified preference points to
588588 11 the final grades achieved by the applicant on the other
589589 12 components of the examination.
590590 13 (8) Scoring of preferences. The commission shall give
591591 14 preference for original appointment to persons designated
592592 15 in item (1) by adding to the final grade that they receive
593593 16 5 points for the recognized preference achieved. The
594594 17 commission may give preference for original appointment to
595595 18 persons designated in item (7.5) by adding to the final
596596 19 grade the amount of points designated by the Joint
597597 20 Apprenticeship Committee as defined in item (7.5). The
598598 21 commission shall determine the number of preference points
599599 22 for each category, except items (1) and (7.5). The number
600600 23 of preference points for each category shall range from 0
601601 24 to 5, except item (7.5). In determining the number of
602602 25 preference points, the commission shall prescribe that if
603603 26 a candidate earns the maximum number of preference points
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614614 1 in all categories except item (7.5), that number may not
615615 2 be less than 10 nor more than 30. The commission shall give
616616 3 preference for original appointment to persons designated
617617 4 in items (2) through (7) by adding the requisite number of
618618 5 points to the final grade for each recognized preference
619619 6 achieved. The numerical result thus attained shall be
620620 7 applied by the commission in determining the final
621621 8 eligibility list and appointment from the eligibility
622622 9 list. The local appointing authority may prescribe the
623623 10 total number of preference points awarded under this
624624 11 Section, but the total number of preference points, except
625625 12 item (7.5), shall not be less than 10 points or more than
626626 13 30 points. Apprentice preference points may be added in
627627 14 addition to other preference points awarded by the
628628 15 commission.
629629 16 No person entitled to any preference shall be required to
630630 17 claim the credit before any examination held under the
631631 18 provisions of this Section, but the preference shall be given
632632 19 after the posting or publication of the initial eligibility
633633 20 list or register at the request of a person entitled to a
634634 21 credit before any certification or appointments are made from
635635 22 the eligibility register, upon the furnishing of verifiable
636636 23 evidence and proof of qualifying preference credit. Candidates
637637 24 who are eligible for preference credit shall make a claim in
638638 25 writing within 10 days after the posting of the initial
639639 26 eligibility list, or the claim shall be deemed waived. Final
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650650 1 eligibility registers shall be established after the awarding
651651 2 of verified preference points. However, apprentice preference
652652 3 credit earned subsequent to the establishment of the final
653653 4 eligibility register may be applied to the applicant's score
654654 5 upon certification by the Joint Apprenticeship Committee to
655655 6 the commission and the rank order of candidates on the final
656656 7 eligibility register shall be adjusted accordingly. All
657657 8 employment shall be subject to the commission's initial hire
658658 9 background review, including, but not limited to, criminal
659659 10 history, employment history, moral character, oral
660660 11 examination, and medical and psychological examinations, all
661661 12 on a pass-fail basis. The medical and psychological
662662 13 examinations must be conducted last, and may only be performed
663663 14 after a conditional offer of employment has been extended.
664664 15 Any person placed on an eligibility list who exceeds the
665665 16 age requirement before being appointed to a fire department
666666 17 shall remain eligible for appointment until the list is
667667 18 abolished, or his or her name has been on the list for a period
668668 19 of 2 years. No person who has attained the age of 35 years
669669 20 shall be inducted into a fire department, except as otherwise
670670 21 provided in this Section.
671671 22 The commission shall strike off the names of candidates
672672 23 for original appointment after the names have been on the list
673673 24 for more than 2 years.
674674 25 (i) Moral character. No person shall be appointed to a
675675 26 fire department unless he or she is a person of good character;
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686686 1 not a habitual drunkard, a gambler, or a person who has been
687687 2 convicted of a felony or a crime involving moral turpitude.
688688 3 However, no person shall be disqualified from appointment to
689689 4 the fire department because of the person's record of
690690 5 misdemeanor convictions except those under Sections 11-6,
691691 6 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
692692 7 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
693693 8 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs
694694 9 (1), (6), and (8) of subsection (a) of Section 24-1 of the
695695 10 Criminal Code of 1961 or the Criminal Code of 2012, or arrest
696696 11 for any cause without conviction thereon. Any such person who
697697 12 is in the department may be removed on charges brought for
698698 13 violating this subsection and after a trial as hereinafter
699699 14 provided.
700700 15 A classifiable set of the fingerprints of every person who
701701 16 is offered employment as a certificated member of an affected
702702 17 fire department whether with or without compensation, shall be
703703 18 furnished to the Illinois State Police and to the Federal
704704 19 Bureau of Investigation by the commission.
705705 20 Whenever a commission is authorized or required by law to
706706 21 consider some aspect of criminal history record information
707707 22 for the purpose of carrying out its statutory powers and
708708 23 responsibilities, then, upon request and payment of fees in
709709 24 conformance with the requirements of Section 2605-400 of the
710710 25 Illinois State Police Law of the Civil Administrative Code of
711711 26 Illinois, the Illinois State Police is authorized to furnish,
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722722 1 pursuant to positive identification, the information contained
723723 2 in State files as is necessary to fulfill the request.
724724 3 (j) Temporary appointments. In order to prevent a stoppage
725725 4 of public business, to meet extraordinary exigencies, or to
726726 5 prevent material impairment of the fire department, the
727727 6 commission may make temporary appointments, to remain in force
728728 7 only until regular appointments are made under the provisions
729729 8 of this Division, but never to exceed 60 days. No temporary
730730 9 appointment of any one person shall be made more than twice in
731731 10 any calendar year.
732732 11 (k) A person who knowingly divulges or receives test
733733 12 questions or answers before a written examination, or
734734 13 otherwise knowingly violates or subverts any requirement of
735735 14 this Section, commits a violation of this Section and may be
736736 15 subject to charges for official misconduct.
737737 16 A person who is the knowing recipient of test information
738738 17 in advance of the examination shall be disqualified from the
739739 18 examination or discharged from the position to which he or she
740740 19 was appointed, as applicable, and otherwise subjected to
741741 20 disciplinary actions.
742742 21 (Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21;
743743 22 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-813, eff.
744744 23 5-13-22.)
745745 24 (65 ILCS 5/10-2.1-6.3)
746746 25 Sec. 10-2.1-6.3. Original appointments; full-time fire
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757757 1 department.
758758 2 (a) Applicability. Unless a commission elects to follow
759759 3 the provisions of Section 10-2.1-6.4, this Section shall apply
760760 4 to all original appointments to an affected full-time fire
761761 5 department. Existing registers of eligibles shall continue to
762762 6 be valid until their expiration dates, or up to a maximum of 2
763763 7 years after August 4, 2011 (the effective date of Public Act
764764 8 97-251).
765765 9 Notwithstanding any statute, ordinance, rule, or other law
766766 10 to the contrary, all original appointments to an affected
767767 11 department to which this Section applies shall be administered
768768 12 in the manner provided for in this Section. Provisions of the
769769 13 Illinois Municipal Code, municipal ordinances, and rules
770770 14 adopted pursuant to such authority and other laws relating to
771771 15 initial hiring of firefighters in affected departments shall
772772 16 continue to apply to the extent they are compatible with this
773773 17 Section, but in the event of a conflict between this Section
774774 18 and any other law, this Section shall control.
775775 19 A home rule or non-home rule municipality may not
776776 20 administer its fire department process for original
777777 21 appointments in a manner that is less stringent than this
778778 22 Section. This Section is a limitation under subsection (i) of
779779 23 Section 6 of Article VII of the Illinois Constitution on the
780780 24 concurrent exercise by home rule units of the powers and
781781 25 functions exercised by the State.
782782 26 A municipality that is operating under a court order or
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793793 1 consent decree regarding original appointments to a full-time
794794 2 fire department before August 4, 2011 (the effective date of
795795 3 Public Act 97-251) is exempt from the requirements of this
796796 4 Section for the duration of the court order or consent decree.
797797 5 Notwithstanding any other provision of this subsection
798798 6 (a), this Section does not apply to a municipality with more
799799 7 than 1,000,000 inhabitants.
800800 8 (b) Original appointments. All original appointments made
801801 9 to an affected fire department shall be made from a register of
802802 10 eligibles established in accordance with the processes
803803 11 established by this Section. Only persons who meet or exceed
804804 12 the performance standards required by this Section shall be
805805 13 placed on a register of eligibles for original appointment to
806806 14 an affected fire department.
807807 15 Whenever an appointing authority authorizes action to hire
808808 16 a person to perform the duties of a firefighter or to hire a
809809 17 firefighter-paramedic to fill a position that is a new
810810 18 position or vacancy due to resignation, discharge, promotion,
811811 19 death, the granting of a disability or retirement pension, or
812812 20 any other cause, the appointing authority shall appoint to
813813 21 that position the person with the highest ranking on the final
814814 22 eligibility list. If the appointing authority has reason to
815815 23 conclude that the highest ranked person fails to meet the
816816 24 minimum standards for the position or if the appointing
817817 25 authority believes an alternate candidate would better serve
818818 26 the needs of the department, then the appointing authority has
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829829 1 the right to pass over the highest ranked person and appoint
830830 2 either: (i) any person who has a ranking in the top 5% of the
831831 3 register of eligibles or (ii) any person who is among the top 5
832832 4 highest ranked persons on the list of eligibles if the number
833833 5 of people who have a ranking in the top 5% of the register of
834834 6 eligibles is less than 5 people.
835835 7 Any candidate may pass on an appointment once without
836836 8 losing his or her position on the register of eligibles. Any
837837 9 candidate who passes a second time may be removed from the list
838838 10 by the appointing authority provided that such action shall
839839 11 not prejudice a person's opportunities to participate in
840840 12 future examinations, including an examination held during the
841841 13 time a candidate is already on the municipality's register of
842842 14 eligibles.
843843 15 The sole authority to issue certificates of appointment
844844 16 shall be vested in the board of fire and police commissioners.
845845 17 All certificates of appointment issued to any officer or
846846 18 member of an affected department shall be signed by the
847847 19 chairperson and secretary, respectively, of the board upon
848848 20 appointment of such officer or member to the affected
849849 21 department by action of the board. After being selected from
850850 22 the register of eligibles to fill a vacancy in the affected
851851 23 department, each appointee shall be presented with his or her
852852 24 certificate of appointment on the day on which he or she is
853853 25 sworn in as a classified member of the affected department.
854854 26 Firefighters who were not issued a certificate of appointment
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865865 1 when originally appointed shall be provided with a certificate
866866 2 within 10 days after making a written request to the
867867 3 chairperson of the board of fire and police commissioners.
868868 4 Each person who accepts a certificate of appointment and
869869 5 successfully completes his or her probationary period shall be
870870 6 enrolled as a firefighter and as a regular member of the fire
871871 7 department.
872872 8 For the purposes of this Section, "firefighter" means any
873873 9 person who has been prior to, on, or after August 4, 2011 (the
874874 10 effective date of Public Act 97-251) appointed to a fire
875875 11 department or fire protection district or employed by a State
876876 12 university and sworn or commissioned to perform firefighter
877877 13 duties or paramedic duties, or both, except that the following
878878 14 persons are not included: part-time firefighters; auxiliary,
879879 15 reserve, or voluntary firefighters, including paid-on-call
880880 16 firefighters; clerks and dispatchers or other civilian
881881 17 employees of a fire department or fire protection district who
882882 18 are not routinely expected to perform firefighter duties; and
883883 19 elected officials.
884884 20 (c) Qualification for placement on register of eligibles.
885885 21 The purpose of establishing a register of eligibles is to
886886 22 identify applicants who possess and demonstrate the mental
887887 23 aptitude and physical ability to perform the duties required
888888 24 of members of the fire department in order to provide the
889889 25 highest quality of service to the public. To this end, all
890890 26 applicants for original appointment to an affected fire
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901901 1 department shall be subject to examination and testing which
902902 2 shall be public, competitive, and open to all applicants
903903 3 unless the municipality shall by ordinance limit applicants to
904904 4 residents of the municipality, county or counties in which the
905905 5 municipality is located, State, or nation. Any examination and
906906 6 testing procedure utilized under subsection (e) of this
907907 7 Section shall be supported by appropriate validation evidence
908908 8 and shall comply with all applicable State and federal laws.
909909 9 Municipalities may establish educational, emergency medical
910910 10 service licensure, and other prerequisites for participation
911911 11 in an examination or for hire as a firefighter. Any
912912 12 municipality may charge a fee to cover the costs of the
913913 13 application process.
914914 14 Residency requirements in effect at the time an individual
915915 15 enters the fire service of a municipality cannot be made more
916916 16 restrictive for that individual during his or her period of
917917 17 service for that municipality, or be made a condition of
918918 18 promotion, except for the rank or position of fire chief and
919919 19 for no more than 2 positions that rank immediately below that
920920 20 of the chief rank which are appointed positions pursuant to
921921 21 the Fire Department Promotion Act.
922922 22 No person who is 35 years of age or older shall be eligible
923923 23 to take an examination for a position as a firefighter unless
924924 24 the person has had previous employment status as a firefighter
925925 25 in the regularly constituted fire department of the
926926 26 municipality, except as provided in this Section. The age
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937937 1 limitation does not apply to:
938938 2 (1) any person previously employed as a full-time
939939 3 firefighter in a regularly constituted fire department of
940940 4 (i) any municipality or fire protection district located
941941 5 in Illinois, (ii) a fire protection district whose
942942 6 obligations were assumed by a municipality under Section
943943 7 21 of the Fire Protection District Act, or (iii) a
944944 8 municipality whose obligations were taken over by a fire
945945 9 protection district,
946946 10 (2) any person who has served a municipality as a
947947 11 regularly enrolled volunteer, paid-on-call, or part-time
948948 12 firefighter, or
949949 13 (3) any person who turned 35 while serving as a member
950950 14 of the active or reserve components of any of the branches
951951 15 of the Armed Forces of the United States or the National
952952 16 Guard of any state, whose service was characterized as
953953 17 honorable or under honorable, if separated from the
954954 18 military, and is currently under the age of 40.
955955 19 No person who is under 18 21 years of age shall be eligible
956956 20 for employment as a firefighter.
957957 21 No applicant shall be examined concerning his or her
958958 22 political or religious opinions or affiliations. The
959959 23 examinations shall be conducted by the commissioners of the
960960 24 municipality or their designees and agents.
961961 25 No municipality shall require that any firefighter
962962 26 appointed to the lowest rank serve a probationary employment
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973973 1 period of longer than one year of actual active employment,
974974 2 which may exclude periods of training, or injury or illness
975975 3 leaves, including duty related leave, in excess of 30 calendar
976976 4 days. Notwithstanding anything to the contrary in this
977977 5 Section, the probationary employment period limitation may be
978978 6 extended for a firefighter who is required, as a condition of
979979 7 employment, to be a licensed paramedic, during which time the
980980 8 sole reason that a firefighter may be discharged without a
981981 9 hearing is for failing to meet the requirements for paramedic
982982 10 licensure.
983983 11 In the event that any applicant who has been found
984984 12 eligible for appointment and whose name has been placed upon
985985 13 the final eligibility register provided for in this Section
986986 14 has not been appointed to a firefighter position within one
987987 15 year after the date of his or her physical ability
988988 16 examination, the commission may cause a second examination to
989989 17 be made of that applicant's physical ability prior to his or
990990 18 her appointment. If, after the second examination, the
991991 19 physical ability of the applicant shall be found to be less
992992 20 than the minimum standard fixed by the rules of the
993993 21 commission, the applicant shall not be appointed. The
994994 22 applicant's name may be retained upon the register of
995995 23 candidates eligible for appointment and when next reached for
996996 24 certification and appointment that applicant may be again
997997 25 examined as provided in this Section, and if the physical
998998 26 ability of that applicant is found to be less than the minimum
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10091009 1 standard fixed by the rules of the commission, the applicant
10101010 2 shall not be appointed, and the name of the applicant shall be
10111011 3 removed from the register.
10121012 4 (d) Notice, examination, and testing components. Notice of
10131013 5 the time, place, general scope, merit criteria for any
10141014 6 subjective component, and fee of every examination shall be
10151015 7 given by the commission, by a publication at least 2 weeks
10161016 8 preceding the examination: (i) in one or more newspapers
10171017 9 published in the municipality, or if no newspaper is published
10181018 10 therein, then in one or more newspapers with a general
10191019 11 circulation within the municipality, or (ii) on the
10201020 12 municipality's Internet website. Additional notice of the
10211021 13 examination may be given as the commission shall prescribe.
10221022 14 The examination and qualifying standards for employment of
10231023 15 firefighters shall be based on: mental aptitude, physical
10241024 16 ability, preferences, moral character, and health. The mental
10251025 17 aptitude, physical ability, and preference components shall
10261026 18 determine an applicant's qualification for and placement on
10271027 19 the final register of eligibles. The examination may also
10281028 20 include a subjective component based on merit criteria as
10291029 21 determined by the commission. Scores from the examination must
10301030 22 be made available to the public.
10311031 23 (e) Mental aptitude. No person who does not possess at
10321032 24 least a high school diploma or an equivalent high school
10331033 25 education shall be placed on a register of eligibles.
10341034 26 Examination of an applicant's mental aptitude shall be based
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10451045 1 upon a written examination. The examination shall be practical
10461046 2 in character and relate to those matters that fairly test the
10471047 3 capacity of the persons examined to discharge the duties
10481048 4 performed by members of a fire department. Written
10491049 5 examinations shall be administered in a manner that ensures
10501050 6 the security and accuracy of the scores achieved.
10511051 7 (f) Physical ability. All candidates shall be required to
10521052 8 undergo an examination of their physical ability to perform
10531053 9 the essential functions included in the duties they may be
10541054 10 called upon to perform as a member of a fire department. For
10551055 11 the purposes of this Section, essential functions of the job
10561056 12 are functions associated with duties that a firefighter may be
10571057 13 called upon to perform in response to emergency calls. The
10581058 14 frequency of the occurrence of those duties as part of the fire
10591059 15 department's regular routine shall not be a controlling factor
10601060 16 in the design of examination criteria or evolutions selected
10611061 17 for testing. These physical examinations shall be open,
10621062 18 competitive, and based on industry standards designed to test
10631063 19 each applicant's physical abilities in the following
10641064 20 dimensions:
10651065 21 (1) Muscular strength to perform tasks and evolutions
10661066 22 that may be required in the performance of duties
10671067 23 including grip strength, leg strength, and arm strength.
10681068 24 Tests shall be conducted under anaerobic as well as
10691069 25 aerobic conditions to test both the candidate's speed and
10701070 26 endurance in performing tasks and evolutions. Tasks tested
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10811081 1 may be based on standards developed, or approved, by the
10821082 2 local appointing authority.
10831083 3 (2) The ability to climb ladders, operate from
10841084 4 heights, walk or crawl in the dark along narrow and uneven
10851085 5 surfaces, and operate in proximity to hazardous
10861086 6 environments.
10871087 7 (3) The ability to carry out critical, time-sensitive,
10881088 8 and complex problem solving during physical exertion in
10891089 9 stressful and hazardous environments. The testing
10901090 10 environment may be hot and dark with tightly enclosed
10911091 11 spaces, flashing lights, sirens, and other distractions.
10921092 12 The tests utilized to measure each applicant's
10931093 13 capabilities in each of these dimensions may be tests based on
10941094 14 industry standards currently in use or equivalent tests
10951095 15 approved by the Joint Labor-Management Committee of the Office
10961096 16 of the State Fire Marshal.
10971097 17 Physical ability examinations administered under this
10981098 18 Section shall be conducted with a reasonable number of
10991099 19 proctors and monitors, open to the public, and subject to
11001100 20 reasonable regulations of the commission.
11011101 21 (g) Scoring of examination components. Appointing
11021102 22 authorities may create a preliminary eligibility register. A
11031103 23 person shall be placed on the list based upon his or her
11041104 24 passage of the written examination or the passage of the
11051105 25 written examination and the physical ability component.
11061106 26 Passage of the written examination means attaining the minimum
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11171117 1 score set by the commission. Minimum scores should be set by
11181118 2 the commission so as to demonstrate a candidate's ability to
11191119 3 perform the essential functions of the job. The minimum score
11201120 4 set by the commission shall be supported by appropriate
11211121 5 validation evidence and shall comply with all applicable State
11221122 6 and federal laws. The appointing authority may conduct the
11231123 7 physical ability component and any subjective components
11241124 8 subsequent to the posting of the preliminary eligibility
11251125 9 register.
11261126 10 The examination components for an initial eligibility
11271127 11 register shall be graded on a 100-point scale. A person's
11281128 12 position on the list shall be determined by the following: (i)
11291129 13 the person's score on the written examination, (ii) the person
11301130 14 successfully passing the physical ability component, and (iii)
11311131 15 the person's results on any subjective component as described
11321132 16 in subsection (d).
11331133 17 In order to qualify for placement on the final eligibility
11341134 18 register, an applicant's score on the written examination,
11351135 19 before any applicable preference points or subjective points
11361136 20 are applied, shall be at or above the minimum score as set by
11371137 21 the commission. The local appointing authority may prescribe
11381138 22 the score to qualify for placement on the final eligibility
11391139 23 register, but the score shall not be less than the minimum
11401140 24 score set by the commission.
11411141 25 The commission shall prepare and keep a register of
11421142 26 persons whose total score is not less than the minimum score
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11531153 1 for passage and who have passed the physical ability
11541154 2 examination. These persons shall take rank upon the register
11551155 3 as candidates in the order of their relative excellence based
11561156 4 on the highest to the lowest total points scored on the mental
11571157 5 aptitude, subjective component, and preference components of
11581158 6 the test administered in accordance with this Section. No more
11591159 7 than 60 days after each examination, an initial eligibility
11601160 8 list shall be posted by the commission. The list shall include
11611161 9 the final grades of the candidates without reference to
11621162 10 priority of the time of examination and subject to claim for
11631163 11 preference credit.
11641164 12 Commissions may conduct additional examinations, including
11651165 13 without limitation a polygraph test, after a final eligibility
11661166 14 register is established and before it expires with the
11671167 15 candidates ranked by total score without regard to date of
11681168 16 examination. No more than 60 days after each examination, an
11691169 17 initial eligibility list shall be posted by the commission
11701170 18 showing the final grades of the candidates without reference
11711171 19 to priority of time of examination and subject to claim for
11721172 20 preference credit.
11731173 21 (h) Preferences. The following are preferences:
11741174 22 (1) Veteran preference. Persons who were engaged in
11751175 23 the military service of the United States for a period of
11761176 24 at least one year of active duty and who were honorably
11771177 25 discharged therefrom, or who are now or have been members
11781178 26 on inactive or reserve duty in such military or naval
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11891189 1 service, shall be preferred for appointment to and
11901190 2 employment with the fire department of an affected
11911191 3 department.
11921192 4 (2) Fire cadet preference. Persons who have
11931193 5 successfully completed 2 years of study in fire techniques
11941194 6 or cadet training within a cadet program established under
11951195 7 the rules of the Joint Labor and Management Committee
11961196 8 (JLMC), as defined in Section 50 of the Fire Department
11971197 9 Promotion Act, may be preferred for appointment to and
11981198 10 employment with the fire department.
11991199 11 (3) Educational preference. Persons who have
12001200 12 successfully obtained an associate's degree in the field
12011201 13 of fire service or emergency medical services, or a
12021202 14 bachelor's degree from an accredited college or university
12031203 15 may be preferred for appointment to and employment with
12041204 16 the fire department.
12051205 17 (4) Paramedic preference. Persons who have obtained a
12061206 18 license as a paramedic shall be preferred for appointment
12071207 19 to and employment with the fire department of an affected
12081208 20 department providing emergency medical services.
12091209 21 (5) Experience preference. All persons employed by a
12101210 22 municipality who have been paid-on-call or part-time
12111211 23 certified Firefighter II, State of Illinois or nationally
12121212 24 licensed EMT, EMT-I, A-EMT, or any combination of those
12131213 25 capacities shall be awarded 0.5 point for each year of
12141214 26 successful service in one or more of those capacities, up
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12251225 1 to a maximum of 5 points. Certified Firefighter III and
12261226 2 State of Illinois or nationally licensed paramedics shall
12271227 3 be awarded one point per year up to a maximum of 5 points.
12281228 4 Applicants from outside the municipality who were employed
12291229 5 as full-time firefighters or firefighter-paramedics by a
12301230 6 fire protection district or another municipality for at
12311231 7 least 2 years shall be awarded 5 experience preference
12321232 8 points. These additional points presuppose a rating scale
12331233 9 totaling 100 points available for the eligibility list. If
12341234 10 more or fewer points are used in the rating scale for the
12351235 11 eligibility list, the points awarded under this subsection
12361236 12 shall be increased or decreased by a factor equal to the
12371237 13 total possible points available for the examination
12381238 14 divided by 100.
12391239 15 Upon request by the commission, the governing body of
12401240 16 the municipality or in the case of applicants from outside
12411241 17 the municipality the governing body of any fire protection
12421242 18 district or any other municipality shall certify to the
12431243 19 commission, within 10 days after the request, the number
12441244 20 of years of successful paid-on-call, part-time, or
12451245 21 full-time service of any person. A candidate may not
12461246 22 receive the full amount of preference points under this
12471247 23 subsection if the amount of points awarded would place the
12481248 24 candidate before a veteran on the eligibility list. If
12491249 25 more than one candidate receiving experience preference
12501250 26 points is prevented from receiving all of their points due
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12611261 1 to not being allowed to pass a veteran, the candidates
12621262 2 shall be placed on the list below the veteran in rank order
12631263 3 based on the totals received if all points under this
12641264 4 subsection were to be awarded. Any remaining ties on the
12651265 5 list shall be determined by lot.
12661266 6 (6) Residency preference. Applicants whose principal
12671267 7 residence is located within the fire department's
12681268 8 jurisdiction shall be preferred for appointment to and
12691269 9 employment with the fire department.
12701270 10 (7) Additional preferences. Up to 5 additional
12711271 11 preference points may be awarded for unique categories
12721272 12 based on an applicant's experience or background as
12731273 13 identified by the commission.
12741274 14 (7.5) Apprentice preferences. A person who has
12751275 15 performed fire suppression service for a department as a
12761276 16 firefighter apprentice and otherwise meets the
12771277 17 qualifications for original appointment as a firefighter
12781278 18 specified in this Section is eligible to be awarded up to
12791279 19 20 preference points. To qualify for preference points, an
12801280 20 applicant shall have completed a minimum of 600 hours of
12811281 21 fire suppression work on a regular shift for the affected
12821282 22 fire department over a 12-month period. The fire
12831283 23 suppression work must be in accordance with Section
12841284 24 10-2.1-4 of this Division and the terms established by a
12851285 25 Joint Apprenticeship Committee included in a collective
12861286 26 bargaining agreement agreed between the employer and its
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12971297 1 certified bargaining agent. An eligible applicant must
12981298 2 apply to the Joint Apprenticeship Committee for preference
12991299 3 points under this item. The Joint Apprenticeship Committee
13001300 4 shall evaluate the merit of the applicant's performance,
13011301 5 determine the preference points to be awarded, and certify
13021302 6 the amount of points awarded to the commissioners. The
13031303 7 commissioners may add the certified preference points to
13041304 8 the final grades achieved by the applicant on the other
13051305 9 components of the examination.
13061306 10 (8) Scoring of preferences. The commission may give
13071307 11 preference for original appointment to persons designated
13081308 12 in item (1) by adding to the final grade that they receive
13091309 13 5 points for the recognized preference achieved. The
13101310 14 commission may give preference for original appointment to
13111311 15 persons designated in item (7.5) by adding to the final
13121312 16 grade the amount of points designated by the Joint
13131313 17 Apprenticeship Committee as defined in item (7.5). The
13141314 18 commission shall determine the number of preference points
13151315 19 for each category, except items (1) and (7.5). The number
13161316 20 of preference points for each category shall range from 0
13171317 21 to 5, except item (7.5). In determining the number of
13181318 22 preference points, the commission shall prescribe that if
13191319 23 a candidate earns the maximum number of preference points
13201320 24 in all categories except item (7.5), that number may not
13211321 25 be less than 10 nor more than 30. The commission shall give
13221322 26 preference for original appointment to persons designated
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13331333 1 in items (2) through (7) by adding the requisite number of
13341334 2 points to the final grade for each recognized preference
13351335 3 achieved. The numerical result thus attained shall be
13361336 4 applied by the commission in determining the final
13371337 5 eligibility list and appointment from the eligibility
13381338 6 list. The local appointing authority may prescribe the
13391339 7 total number of preference points awarded under this
13401340 8 Section, but the total number of preference points, except
13411341 9 item (7.5), shall not be less than 10 points or more than
13421342 10 30 points. Apprentice preference points may be added in
13431343 11 addition to other preference points awarded by the
13441344 12 commission.
13451345 13 No person entitled to any preference shall be required to
13461346 14 claim the credit before any examination held under the
13471347 15 provisions of this Section, but the preference may be given
13481348 16 after the posting or publication of the initial eligibility
13491349 17 list or register at the request of a person entitled to a
13501350 18 credit before any certification or appointments are made from
13511351 19 the eligibility register, upon the furnishing of verifiable
13521352 20 evidence and proof of qualifying preference credit. Candidates
13531353 21 who are eligible for preference credit may make a claim in
13541354 22 writing within 10 days after the posting of the initial
13551355 23 eligibility list, or the claim may be deemed waived. Final
13561356 24 eligibility registers may be established after the awarding of
13571357 25 verified preference points. However, apprentice preference
13581358 26 credit earned subsequent to the establishment of the final
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13691369 1 eligibility register may be applied to the applicant's score
13701370 2 upon certification by the Joint Apprenticeship Committee to
13711371 3 the commission and the rank order of candidates on the final
13721372 4 eligibility register shall be adjusted accordingly. All
13731373 5 employment shall be subject to the commission's initial hire
13741374 6 background review, including, but not limited to, criminal
13751375 7 history, employment history, moral character, oral
13761376 8 examination, and medical and psychological examinations, all
13771377 9 on a pass-fail basis. The medical and psychological
13781378 10 examinations must be conducted last, and may only be performed
13791379 11 after a conditional offer of employment has been extended.
13801380 12 Any person placed on an eligibility list who exceeds the
13811381 13 age requirement before being appointed to a fire department
13821382 14 shall remain eligible for appointment until the list is
13831383 15 abolished, or his or her name has been on the list for a period
13841384 16 of 2 years. No person who has attained the age of 35 years
13851385 17 shall be inducted into a fire department, except as otherwise
13861386 18 provided in this Section.
13871387 19 The commission shall strike off the names of candidates
13881388 20 for original appointment after the names have been on the list
13891389 21 for more than 2 years.
13901390 22 (i) Moral character. No person shall be appointed to a
13911391 23 fire department unless he or she is a person of good character;
13921392 24 not a habitual drunkard, a gambler, or a person who has been
13931393 25 convicted of a felony or a crime involving moral turpitude.
13941394 26 However, no person shall be disqualified from appointment to
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14051405 1 the fire department because of the person's record of
14061406 2 misdemeanor convictions except those under Sections 11-6,
14071407 3 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
14081408 4 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
14091409 5 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs
14101410 6 (1), (6), and (8) of subsection (a) of Section 24-1 of the
14111411 7 Criminal Code of 1961 or the Criminal Code of 2012, or arrest
14121412 8 for any cause without conviction thereon. Any such person who
14131413 9 is in the department may be removed on charges brought for
14141414 10 violating this subsection and after a trial as hereinafter
14151415 11 provided.
14161416 12 A classifiable set of the fingerprints of every person who
14171417 13 is offered employment as a certificated member of an affected
14181418 14 fire department whether with or without compensation, shall be
14191419 15 furnished to the Illinois State Police and to the Federal
14201420 16 Bureau of Investigation by the commission.
14211421 17 Whenever a commission is authorized or required by law to
14221422 18 consider some aspect of criminal history record information
14231423 19 for the purpose of carrying out its statutory powers and
14241424 20 responsibilities, then, upon request and payment of fees in
14251425 21 conformance with the requirements of Section 2605-400 of the
14261426 22 Illinois State Police Law of the Civil Administrative Code of
14271427 23 Illinois, the Illinois State Police is authorized to furnish,
14281428 24 pursuant to positive identification, the information contained
14291429 25 in State files as is necessary to fulfill the request.
14301430 26 (j) Temporary appointments. In order to prevent a stoppage
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14411441 1 of public business, to meet extraordinary exigencies, or to
14421442 2 prevent material impairment of the fire department, the
14431443 3 commission may make temporary appointments, to remain in force
14441444 4 only until regular appointments are made under the provisions
14451445 5 of this Division, but never to exceed 60 days. No temporary
14461446 6 appointment of any one person shall be made more than twice in
14471447 7 any calendar year.
14481448 8 (k) A person who knowingly divulges or receives test
14491449 9 questions or answers before a written examination, or
14501450 10 otherwise knowingly violates or subverts any requirement of
14511451 11 this Section, commits a violation of this Section and may be
14521452 12 subject to charges for official misconduct.
14531453 13 A person who is the knowing recipient of test information
14541454 14 in advance of the examination shall be disqualified from the
14551455 15 examination or discharged from the position to which he or she
14561456 16 was appointed, as applicable, and otherwise subjected to
14571457 17 disciplinary actions.
14581458 18 (Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21;
14591459 19 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-813, eff.
14601460 20 5-13-22.)
14611461 21 Section 10. The Fire Protection District Act is amended by
14621462 22 changing Section 16.06b as follows:
14631463 23 (70 ILCS 705/16.06b)
14641464 24 Sec. 16.06b. Original appointments; full-time fire
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14751475 1 department.
14761476 2 (a) Applicability. Unless a commission elects to follow
14771477 3 the provisions of Section 16.06c, this Section shall apply to
14781478 4 all original appointments to an affected full-time fire
14791479 5 department. Existing registers of eligibles shall continue to
14801480 6 be valid until their expiration dates, or up to a maximum of 2
14811481 7 years after August 4, 2011 (the effective date of Public Act
14821482 8 97-251).
14831483 9 Notwithstanding any statute, ordinance, rule, or other law
14841484 10 to the contrary, all original appointments to an affected
14851485 11 department to which this Section applies shall be administered
14861486 12 in a no less stringent manner than the manner provided for in
14871487 13 this Section. Provisions of the Illinois Municipal Code, Fire
14881488 14 Protection District Act, fire district ordinances, and rules
14891489 15 adopted pursuant to such authority and other laws relating to
14901490 16 initial hiring of firefighters in affected departments shall
14911491 17 continue to apply to the extent they are compatible with this
14921492 18 Section, but in the event of a conflict between this Section
14931493 19 and any other law, this Section shall control.
14941494 20 A fire protection district that is operating under a court
14951495 21 order or consent decree regarding original appointments to a
14961496 22 full-time fire department before August 4, 2011 (the effective
14971497 23 date of Public Act 97-251) is exempt from the requirements of
14981498 24 this Section for the duration of the court order or consent
14991499 25 decree.
15001500 26 (b) Original appointments. All original appointments made
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15111511 1 to an affected fire department shall be made from a register of
15121512 2 eligibles established in accordance with the processes
15131513 3 required by this Section. Only persons who meet or exceed the
15141514 4 performance standards required by the Section shall be placed
15151515 5 on a register of eligibles for original appointment to an
15161516 6 affected fire department.
15171517 7 Whenever an appointing authority authorizes action to hire
15181518 8 a person to perform the duties of a firefighter or to hire a
15191519 9 firefighter-paramedic to fill a position that is a new
15201520 10 position or vacancy due to resignation, discharge, promotion,
15211521 11 death, the granting of a disability or retirement pension, or
15221522 12 any other cause, the appointing authority shall appoint to
15231523 13 that position the person with the highest ranking on the final
15241524 14 eligibility list. If the appointing authority has reason to
15251525 15 conclude that the highest ranked person fails to meet the
15261526 16 minimum standards for the position or if the appointing
15271527 17 authority believes an alternate candidate would better serve
15281528 18 the needs of the department, then the appointing authority has
15291529 19 the right to pass over the highest ranked person and appoint
15301530 20 either: (i) any person who has a ranking in the top 5% of the
15311531 21 register of eligibles or (ii) any person who is among the top 5
15321532 22 highest ranked persons on the list of eligibles if the number
15331533 23 of people who have a ranking in the top 5% of the register of
15341534 24 eligibles is less than 5 people.
15351535 25 Any candidate may pass on an appointment once without
15361536 26 losing his or her position on the register of eligibles. Any
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15471547 1 candidate who passes a second time may be removed from the list
15481548 2 by the appointing authority provided that such action shall
15491549 3 not prejudice a person's opportunities to participate in
15501550 4 future examinations, including an examination held during the
15511551 5 time a candidate is already on the fire district's register of
15521552 6 eligibles.
15531553 7 The sole authority to issue certificates of appointment
15541554 8 shall be vested in the board of fire commissioners, or board of
15551555 9 trustees serving in the capacity of a board of fire
15561556 10 commissioners. All certificates of appointment issued to any
15571557 11 officer or member of an affected department shall be signed by
15581558 12 the chairperson and secretary, respectively, of the commission
15591559 13 upon appointment of such officer or member to the affected
15601560 14 department by action of the commission. After being selected
15611561 15 from the register of eligibles to fill a vacancy in the
15621562 16 affected department, each appointee shall be presented with
15631563 17 his or her certificate of appointment on the day on which he or
15641564 18 she is sworn in as a classified member of the affected
15651565 19 department. Firefighters who were not issued a certificate of
15661566 20 appointment when originally appointed shall be provided with a
15671567 21 certificate within 10 days after making a written request to
15681568 22 the chairperson of the board of fire commissioners, or board
15691569 23 of trustees serving in the capacity of a board of fire
15701570 24 commissioners. Each person who accepts a certificate of
15711571 25 appointment and successfully completes his or her probationary
15721572 26 period shall be enrolled as a firefighter and as a regular
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15831583 1 member of the fire department.
15841584 2 For the purposes of this Section, "firefighter" means any
15851585 3 person who has been prior to, on, or after August 4, 2011 (the
15861586 4 effective date of Public Act 97-251) appointed to a fire
15871587 5 department or fire protection district or employed by a State
15881588 6 university and sworn or commissioned to perform firefighter
15891589 7 duties or paramedic duties, or both, except that the following
15901590 8 persons are not included: part-time firefighters; auxiliary,
15911591 9 reserve, or voluntary firefighters, including paid-on-call
15921592 10 firefighters; clerks and dispatchers or other civilian
15931593 11 employees of a fire department or fire protection district who
15941594 12 are not routinely expected to perform firefighter duties; and
15951595 13 elected officials.
15961596 14 (c) Qualification for placement on register of eligibles.
15971597 15 The purpose of establishing a register of eligibles is to
15981598 16 identify applicants who possess and demonstrate the mental
15991599 17 aptitude and physical ability to perform the duties required
16001600 18 of members of the fire department in order to provide the
16011601 19 highest quality of service to the public. To this end, all
16021602 20 applicants for original appointment to an affected fire
16031603 21 department shall be subject to examination and testing which
16041604 22 shall be public, competitive, and open to all applicants
16051605 23 unless the district shall by ordinance limit applicants to
16061606 24 residents of the district, county or counties in which the
16071607 25 district is located, State, or nation. Any examination and
16081608 26 testing procedure utilized under subsection (e) of this
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16191619 1 Section shall be supported by appropriate validation evidence
16201620 2 and shall comply with all applicable State and federal laws.
16211621 3 Districts may establish educational, emergency medical service
16221622 4 licensure, and other prerequisites for participation in an
16231623 5 examination or for hire as a firefighter. Any fire protection
16241624 6 district may charge a fee to cover the costs of the application
16251625 7 process.
16261626 8 Residency requirements in effect at the time an individual
16271627 9 enters the fire service of a district cannot be made more
16281628 10 restrictive for that individual during his or her period of
16291629 11 service for that district, or be made a condition of
16301630 12 promotion, except for the rank or position of fire chief and
16311631 13 for no more than 2 positions that rank immediately below that
16321632 14 of the chief rank which are appointed positions pursuant to
16331633 15 the Fire Department Promotion Act.
16341634 16 No person who is 35 years of age or older shall be eligible
16351635 17 to take an examination for a position as a firefighter unless
16361636 18 the person has had previous employment status as a firefighter
16371637 19 in the regularly constituted fire department of the district,
16381638 20 except as provided in this Section. The age limitation does
16391639 21 not apply to:
16401640 22 (1) any person previously employed as a full-time
16411641 23 firefighter in a regularly constituted fire department of
16421642 24 (i) any municipality or fire protection district located
16431643 25 in Illinois, (ii) a fire protection district whose
16441644 26 obligations were assumed by a municipality under Section
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16551655 1 21 of the Fire Protection District Act, or (iii) a
16561656 2 municipality whose obligations were taken over by a fire
16571657 3 protection district;
16581658 4 (2) any person who has served a fire district as a
16591659 5 regularly enrolled volunteer, paid-on-call, or part-time
16601660 6 firefighter; or
16611661 7 (3) any person who turned 35 while serving as a member
16621662 8 of the active or reserve components of any of the branches
16631663 9 of the Armed Forces of the United States or the National
16641664 10 Guard of any state, whose service was characterized as
16651665 11 honorable or under honorable, if separated from the
16661666 12 military, and is currently under the age of 40.
16671667 13 No person who is under 18 21 years of age shall be eligible
16681668 14 for employment as a firefighter.
16691669 15 No applicant shall be examined concerning his or her
16701670 16 political or religious opinions or affiliations. The
16711671 17 examinations shall be conducted by the commissioners of the
16721672 18 district or their designees and agents.
16731673 19 No district shall require that any firefighter appointed
16741674 20 to the lowest rank serve a probationary employment period of
16751675 21 longer than one year of actual active employment, which may
16761676 22 exclude periods of training, or injury or illness leaves,
16771677 23 including duty related leave, in excess of 30 calendar days.
16781678 24 Notwithstanding anything to the contrary in this Section, the
16791679 25 probationary employment period limitation may be extended for
16801680 26 a firefighter who is required, as a condition of employment,
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16911691 1 to be a licensed paramedic, during which time the sole reason
16921692 2 that a firefighter may be discharged without a hearing is for
16931693 3 failing to meet the requirements for paramedic licensure.
16941694 4 In the event that any applicant who has been found
16951695 5 eligible for appointment and whose name has been placed upon
16961696 6 the final eligibility register provided for in this Section
16971697 7 has not been appointed to a firefighter position within one
16981698 8 year after the date of his or her physical ability
16991699 9 examination, the commission may cause a second examination to
17001700 10 be made of that applicant's physical ability prior to his or
17011701 11 her appointment. If, after the second examination, the
17021702 12 physical ability of the applicant shall be found to be less
17031703 13 than the minimum standard fixed by the rules of the
17041704 14 commission, the applicant shall not be appointed. The
17051705 15 applicant's name may be retained upon the register of
17061706 16 candidates eligible for appointment and when next reached for
17071707 17 certification and appointment that applicant may be again
17081708 18 examined as provided in this Section, and if the physical
17091709 19 ability of that applicant is found to be less than the minimum
17101710 20 standard fixed by the rules of the commission, the applicant
17111711 21 shall not be appointed, and the name of the applicant shall be
17121712 22 removed from the register.
17131713 23 (d) Notice, examination, and testing components. Notice of
17141714 24 the time, place, general scope, merit criteria for any
17151715 25 subjective component, and fee of every examination shall be
17161716 26 given by the commission, by a publication at least 2 weeks
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17271727 1 preceding the examination: (i) in one or more newspapers
17281728 2 published in the district, or if no newspaper is published
17291729 3 therein, then in one or more newspapers with a general
17301730 4 circulation within the district, or (ii) on the fire
17311731 5 protection district's Internet website. Additional notice of
17321732 6 the examination may be given as the commission shall
17331733 7 prescribe.
17341734 8 The examination and qualifying standards for employment of
17351735 9 firefighters shall be based on: mental aptitude, physical
17361736 10 ability, preferences, moral character, and health. The mental
17371737 11 aptitude, physical ability, and preference components shall
17381738 12 determine an applicant's qualification for and placement on
17391739 13 the final register of eligibles. The examination may also
17401740 14 include a subjective component based on merit criteria as
17411741 15 determined by the commission. Scores from the examination must
17421742 16 be made available to the public.
17431743 17 (e) Mental aptitude. No person who does not possess at
17441744 18 least a high school diploma or an equivalent high school
17451745 19 education shall be placed on a register of eligibles.
17461746 20 Examination of an applicant's mental aptitude shall be based
17471747 21 upon a written examination. The examination shall be practical
17481748 22 in character and relate to those matters that fairly test the
17491749 23 capacity of the persons examined to discharge the duties
17501750 24 performed by members of a fire department. Written
17511751 25 examinations shall be administered in a manner that ensures
17521752 26 the security and accuracy of the scores achieved.
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17631763 1 (f) Physical ability. All candidates shall be required to
17641764 2 undergo an examination of their physical ability to perform
17651765 3 the essential functions included in the duties they may be
17661766 4 called upon to perform as a member of a fire department. For
17671767 5 the purposes of this Section, essential functions of the job
17681768 6 are functions associated with duties that a firefighter may be
17691769 7 called upon to perform in response to emergency calls. The
17701770 8 frequency of the occurrence of those duties as part of the fire
17711771 9 department's regular routine shall not be a controlling factor
17721772 10 in the design of examination criteria or evolutions selected
17731773 11 for testing. These physical examinations shall be open,
17741774 12 competitive, and based on industry standards designed to test
17751775 13 each applicant's physical abilities in the following
17761776 14 dimensions:
17771777 15 (1) Muscular strength to perform tasks and evolutions
17781778 16 that may be required in the performance of duties
17791779 17 including grip strength, leg strength, and arm strength.
17801780 18 Tests shall be conducted under anaerobic as well as
17811781 19 aerobic conditions to test both the candidate's speed and
17821782 20 endurance in performing tasks and evolutions. Tasks tested
17831783 21 may be based on standards developed, or approved, by the
17841784 22 local appointing authority.
17851785 23 (2) The ability to climb ladders, operate from
17861786 24 heights, walk or crawl in the dark along narrow and uneven
17871787 25 surfaces, and operate in proximity to hazardous
17881788 26 environments.
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17991799 1 (3) The ability to carry out critical, time-sensitive,
18001800 2 and complex problem solving during physical exertion in
18011801 3 stressful and hazardous environments. The testing
18021802 4 environment may be hot and dark with tightly enclosed
18031803 5 spaces, flashing lights, sirens, and other distractions.
18041804 6 The tests utilized to measure each applicant's
18051805 7 capabilities in each of these dimensions may be tests based on
18061806 8 industry standards currently in use or equivalent tests
18071807 9 approved by the Joint Labor-Management Committee of the Office
18081808 10 of the State Fire Marshal.
18091809 11 Physical ability examinations administered under this
18101810 12 Section shall be conducted with a reasonable number of
18111811 13 proctors and monitors, open to the public, and subject to
18121812 14 reasonable regulations of the commission.
18131813 15 (g) Scoring of examination components. Appointing
18141814 16 authorities may create a preliminary eligibility register. A
18151815 17 person shall be placed on the list based upon his or her
18161816 18 passage of the written examination or the passage of the
18171817 19 written examination and the physical ability component.
18181818 20 Passage of the written examination means attaining the minimum
18191819 21 score set by the commission. Minimum scores should be set by
18201820 22 the appointing authorities so as to demonstrate a candidate's
18211821 23 ability to perform the essential functions of the job. The
18221822 24 minimum score set by the commission shall be supported by
18231823 25 appropriate validation evidence and shall comply with all
18241824 26 applicable State and federal laws. The appointing authority
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18351835 1 may conduct the physical ability component and any subjective
18361836 2 components subsequent to the posting of the preliminary
18371837 3 eligibility register.
18381838 4 The examination components for an initial eligibility
18391839 5 register shall be graded on a 100-point scale. A person's
18401840 6 position on the list shall be determined by the following: (i)
18411841 7 the person's score on the written examination, (ii) the person
18421842 8 successfully passing the physical ability component, and (iii)
18431843 9 the person's results on any subjective component as described
18441844 10 in subsection (d).
18451845 11 In order to qualify for placement on the final eligibility
18461846 12 register, an applicant's score on the written examination,
18471847 13 before any applicable preference points or subjective points
18481848 14 are applied, shall be at or above the minimum score set by the
18491849 15 commission. The local appointing authority may prescribe the
18501850 16 score to qualify for placement on the final eligibility
18511851 17 register, but the score shall not be less than the minimum
18521852 18 score set by the commission.
18531853 19 The commission shall prepare and keep a register of
18541854 20 persons whose total score is not less than the minimum score
18551855 21 for passage and who have passed the physical ability
18561856 22 examination. These persons shall take rank upon the register
18571857 23 as candidates in the order of their relative excellence based
18581858 24 on the highest to the lowest total points scored on the mental
18591859 25 aptitude, subjective component, and preference components of
18601860 26 the test administered in accordance with this Section. No more
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18711871 1 than 60 days after each examination, an initial eligibility
18721872 2 list shall be posted by the commission. The list shall include
18731873 3 the final grades of the candidates without reference to
18741874 4 priority of the time of examination and subject to claim for
18751875 5 preference credit.
18761876 6 Commissions may conduct additional examinations, including
18771877 7 without limitation a polygraph test, after a final eligibility
18781878 8 register is established and before it expires with the
18791879 9 candidates ranked by total score without regard to date of
18801880 10 examination. No more than 60 days after each examination, an
18811881 11 initial eligibility list shall be posted by the commission
18821882 12 showing the final grades of the candidates without reference
18831883 13 to priority of time of examination and subject to claim for
18841884 14 preference credit.
18851885 15 (h) Preferences. The following are preferences:
18861886 16 (1) Veteran preference. Persons who were engaged in
18871887 17 the military service of the United States for a period of
18881888 18 at least one year of active duty and who were honorably
18891889 19 discharged therefrom, or who are now or have been members
18901890 20 on inactive or reserve duty in such military or naval
18911891 21 service, shall be preferred for appointment to and
18921892 22 employment with the fire department of an affected
18931893 23 department.
18941894 24 (2) Fire cadet preference. Persons who have
18951895 25 successfully completed 2 years of study in fire techniques
18961896 26 or cadet training within a cadet program established under
18971897
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19071907 1 the rules of the Joint Labor and Management Committee
19081908 2 (JLMC), as defined in Section 50 of the Fire Department
19091909 3 Promotion Act, may be preferred for appointment to and
19101910 4 employment with the fire department.
19111911 5 (3) Educational preference. Persons who have
19121912 6 successfully obtained an associate's degree in the field
19131913 7 of fire service or emergency medical services, or a
19141914 8 bachelor's degree from an accredited college or university
19151915 9 may be preferred for appointment to and employment with
19161916 10 the fire department.
19171917 11 (4) Paramedic preference. Persons who have obtained a
19181918 12 license as a paramedic may be preferred for appointment to
19191919 13 and employment with the fire department of an affected
19201920 14 department providing emergency medical services.
19211921 15 (5) Experience preference. All persons employed by a
19221922 16 district who have been paid-on-call or part-time certified
19231923 17 Firefighter II, certified Firefighter III, State of
19241924 18 Illinois or nationally licensed EMT, EMT-I, A-EMT, or
19251925 19 paramedic, or any combination of those capacities may be
19261926 20 awarded up to a maximum of 5 points. However, the
19271927 21 applicant may not be awarded more than 0.5 points for each
19281928 22 complete year of paid-on-call or part-time service.
19291929 23 Applicants from outside the district who were employed as
19301930 24 full-time firefighters or firefighter-paramedics by a fire
19311931 25 protection district or municipality for at least 2 years
19321932 26 may be awarded up to 5 experience preference points.
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19431943 1 However, the applicant may not be awarded more than one
19441944 2 point for each complete year of full-time service.
19451945 3 Upon request by the commission, the governing body of
19461946 4 the district or in the case of applicants from outside the
19471947 5 district the governing body of any other fire protection
19481948 6 district or any municipality shall certify to the
19491949 7 commission, within 10 days after the request, the number
19501950 8 of years of successful paid-on-call, part-time, or
19511951 9 full-time service of any person. A candidate may not
19521952 10 receive the full amount of preference points under this
19531953 11 subsection if the amount of points awarded would place the
19541954 12 candidate before a veteran on the eligibility list. If
19551955 13 more than one candidate receiving experience preference
19561956 14 points is prevented from receiving all of their points due
19571957 15 to not being allowed to pass a veteran, the candidates
19581958 16 shall be placed on the list below the veteran in rank order
19591959 17 based on the totals received if all points under this
19601960 18 subsection were to be awarded. Any remaining ties on the
19611961 19 list shall be determined by lot.
19621962 20 (6) Residency preference. Applicants whose principal
19631963 21 residence is located within the fire department's
19641964 22 jurisdiction may be preferred for appointment to and
19651965 23 employment with the fire department.
19661966 24 (7) Additional preferences. Up to 5 additional
19671967 25 preference points may be awarded for unique categories
19681968 26 based on an applicant's experience or background as
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19791979 1 identified by the commission.
19801980 2 (7.5) Apprentice preferences. A person who has
19811981 3 performed fire suppression service for a department as a
19821982 4 firefighter apprentice and otherwise meets the
19831983 5 qualifications for original appointment as a firefighter
19841984 6 specified in this Section is eligible to be awarded up to
19851985 7 20 preference points. To qualify for preference points, an
19861986 8 applicant shall have completed a minimum of 600 hours of
19871987 9 fire suppression work on a regular shift for the affected
19881988 10 fire department over a 12-month period. The fire
19891989 11 suppression work must be in accordance with Section 16.06
19901990 12 of this Act and the terms established by a Joint
19911991 13 Apprenticeship Committee included in a collective
19921992 14 bargaining agreement agreed between the employer and its
19931993 15 certified bargaining agent. An eligible applicant must
19941994 16 apply to the Joint Apprenticeship Committee for preference
19951995 17 points under this item. The Joint Apprenticeship Committee
19961996 18 shall evaluate the merit of the applicant's performance,
19971997 19 determine the preference points to be awarded, and certify
19981998 20 the amount of points awarded to the commissioners. The
19991999 21 commissioners may add the certified preference points to
20002000 22 the final grades achieved by the applicant on the other
20012001 23 components of the examination.
20022002 24 (8) Scoring of preferences. The commission shall give
20032003 25 preference for original appointment to persons designated
20042004 26 in item (1) by adding to the final grade that they receive
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20152015 1 5 points for the recognized preference achieved. The
20162016 2 commission may give preference for original appointment to
20172017 3 persons designated in item (7.5) by adding to the final
20182018 4 grade the amount of points designated by the Joint
20192019 5 Apprenticeship Committee as defined in item (7.5). The
20202020 6 commission shall determine the number of preference points
20212021 7 for each category, except (1) and (7.5). The number of
20222022 8 preference points for each category shall range from 0 to
20232023 9 5, except item (7.5). In determining the number of
20242024 10 preference points, the commission shall prescribe that if
20252025 11 a candidate earns the maximum number of preference points
20262026 12 in all categories except item (7.5), that number may not
20272027 13 be less than 10 nor more than 30. The commission shall give
20282028 14 preference for original appointment to persons designated
20292029 15 in items (2) through (7) by adding the requisite number of
20302030 16 points to the final grade for each recognized preference
20312031 17 achieved. The numerical result thus attained shall be
20322032 18 applied by the commission in determining the final
20332033 19 eligibility list and appointment from the eligibility
20342034 20 list. The local appointing authority may prescribe the
20352035 21 total number of preference points awarded under this
20362036 22 Section, but the total number of preference points, except
20372037 23 item (7.5), shall not be less than 10 points or more than
20382038 24 30 points. Apprentice preference points may be added in
20392039 25 addition to other preference points awarded by the
20402040 26 commission.
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20512051 1 No person entitled to any preference shall be required to
20522052 2 claim the credit before any examination held under the
20532053 3 provisions of this Section, but the preference shall be given
20542054 4 after the posting or publication of the initial eligibility
20552055 5 list or register at the request of a person entitled to a
20562056 6 credit before any certification or appointments are made from
20572057 7 the eligibility register, upon the furnishing of verifiable
20582058 8 evidence and proof of qualifying preference credit. Candidates
20592059 9 who are eligible for preference credit shall make a claim in
20602060 10 writing within 10 days after the posting of the initial
20612061 11 eligibility list, or the claim shall be deemed waived. Final
20622062 12 eligibility registers shall be established after the awarding
20632063 13 of verified preference points. However, apprentice preference
20642064 14 credit earned subsequent to the establishment of the final
20652065 15 eligibility register may be applied to the applicant's score
20662066 16 upon certification by the Joint Apprenticeship Committee to
20672067 17 the commission and the rank order of candidates on the final
20682068 18 eligibility register shall be adjusted accordingly. All
20692069 19 employment shall be subject to the commission's initial hire
20702070 20 background review, including, but not limited to, criminal
20712071 21 history, employment history, moral character, oral
20722072 22 examination, and medical and psychological examinations, all
20732073 23 on a pass-fail basis. The medical and psychological
20742074 24 examinations must be conducted last, and may only be performed
20752075 25 after a conditional offer of employment has been extended.
20762076 26 Any person placed on an eligibility list who exceeds the
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20872087 1 age requirement before being appointed to a fire department
20882088 2 shall remain eligible for appointment until the list is
20892089 3 abolished, or his or her name has been on the list for a period
20902090 4 of 2 years. No person who has attained the age of 35 years
20912091 5 shall be inducted into a fire department, except as otherwise
20922092 6 provided in this Section.
20932093 7 The commission shall strike off the names of candidates
20942094 8 for original appointment after the names have been on the list
20952095 9 for more than 2 years.
20962096 10 (i) Moral character. No person shall be appointed to a
20972097 11 fire department unless he or she is a person of good character;
20982098 12 not a habitual drunkard, a gambler, or a person who has been
20992099 13 convicted of a felony or a crime involving moral turpitude.
21002100 14 However, no person shall be disqualified from appointment to
21012101 15 the fire department because of the person's record of
21022102 16 misdemeanor convictions except those under Sections 11-6,
21032103 17 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
21042104 18 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
21052105 19 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs
21062106 20 (1), (6), and (8) of subsection (a) of Section 24-1 of the
21072107 21 Criminal Code of 1961 or the Criminal Code of 2012, or arrest
21082108 22 for any cause without conviction thereon. Any such person who
21092109 23 is in the department may be removed on charges brought for
21102110 24 violating this subsection and after a trial as hereinafter
21112111 25 provided.
21122112 26 A classifiable set of the fingerprints of every person who
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21232123 1 is offered employment as a certificated member of an affected
21242124 2 fire department whether with or without compensation, shall be
21252125 3 furnished to the Illinois State Police and to the Federal
21262126 4 Bureau of Investigation by the commission.
21272127 5 Whenever a commission is authorized or required by law to
21282128 6 consider some aspect of criminal history record information
21292129 7 for the purpose of carrying out its statutory powers and
21302130 8 responsibilities, then, upon request and payment of fees in
21312131 9 conformance with the requirements of Section 2605-400 of the
21322132 10 Illinois State Police Law of the Civil Administrative Code of
21332133 11 Illinois, the Illinois State Police is authorized to furnish,
21342134 12 pursuant to positive identification, the information contained
21352135 13 in State files as is necessary to fulfill the request.
21362136 14 (j) Temporary appointments. In order to prevent a stoppage
21372137 15 of public business, to meet extraordinary exigencies, or to
21382138 16 prevent material impairment of the fire department, the
21392139 17 commission may make temporary appointments, to remain in force
21402140 18 only until regular appointments are made under the provisions
21412141 19 of this Section, but never to exceed 60 days. No temporary
21422142 20 appointment of any one person shall be made more than twice in
21432143 21 any calendar year.
21442144 22 (k) A person who knowingly divulges or receives test
21452145 23 questions or answers before a written examination, or
21462146 24 otherwise knowingly violates or subverts any requirement of
21472147 25 this Section, commits a violation of this Section and may be
21482148 26 subject to charges for official misconduct.
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