Illinois House Bill HB2476 Latest Draft

                            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
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
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.
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    LRB104 09912 RTM 19982 b
A BILL FOR
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1  AN ACT concerning local government.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Illinois Municipal Code is amended by
5  changing Sections 10-1-7.1 and 10-2.1-6.3 as follows:
6  (65 ILCS 5/10-1-7.1)
7  Sec. 10-1-7.1. Original appointments; full-time fire
8  department.
9  (a) Applicability. Unless a commission elects to follow
10  the provisions of Section 10-1-7.2, this Section shall apply
11  to all original appointments to an affected full-time fire
12  department. Existing registers of eligibles shall continue to
13  be valid until their expiration dates, or up to a maximum of 2
14  years after August 4, 2011 (the effective date of Public Act
15  97-251).
16  Notwithstanding any statute, ordinance, rule, or other law
17  to the contrary, all original appointments to an affected
18  department to which this Section applies shall be administered
19  in the manner provided for in this Section. Provisions of the
20  Illinois Municipal Code, municipal ordinances, and rules
21  adopted pursuant to such authority and other laws relating to
22  initial hiring of firefighters in affected departments shall
23  continue to apply to the extent they are compatible with this

 

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
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.
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A BILL FOR

 

 

65 ILCS 5/10-1-7.1
65 ILCS 5/10-2.1-6.3
70 ILCS 705/16.06b



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1  Section, but in the event of a conflict between this Section
2  and any other law, this Section shall control.
3  A home rule or non-home rule municipality may not
4  administer its fire department process for original
5  appointments in a manner that is less stringent than this
6  Section. This Section is a limitation under subsection (i) of
7  Section 6 of Article VII of the Illinois Constitution on the
8  concurrent exercise by home rule units of the powers and
9  functions exercised by the State.
10  A municipality that is operating under a court order or
11  consent decree regarding original appointments to a full-time
12  fire department before August 4, 2011 (the effective date of
13  Public Act 97-251) is exempt from the requirements of this
14  Section for the duration of the court order or consent decree.
15  Notwithstanding any other provision of this subsection
16  (a), this Section does not apply to a municipality with more
17  than 1,000,000 inhabitants.
18  (b) Original appointments. All original appointments made
19  to an affected fire department shall be made from a register of
20  eligibles established in accordance with the processes
21  established by this Section. Only persons who meet or exceed
22  the performance standards required by this Section shall be
23  placed on a register of eligibles for original appointment to
24  an affected fire department.
25  Whenever an appointing authority authorizes action to hire
26  a person to perform the duties of a firefighter or to hire a

 

 

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1  firefighter-paramedic to fill a position that is a new
2  position or vacancy due to resignation, discharge, promotion,
3  death, the granting of a disability or retirement pension, or
4  any other cause, the appointing authority shall appoint to
5  that position the person with the highest ranking on the final
6  eligibility list. If the appointing authority has reason to
7  conclude that the highest ranked person fails to meet the
8  minimum standards for the position or if the appointing
9  authority believes an alternate candidate would better serve
10  the needs of the department, then the appointing authority has
11  the right to pass over the highest ranked person and appoint
12  either: (i) any person who has a ranking in the top 5% of the
13  register of eligibles or (ii) any person who is among the top 5
14  highest ranked persons on the list of eligibles if the number
15  of people who have a ranking in the top 5% of the register of
16  eligibles is less than 5 people.
17  Any candidate may pass on an appointment once without
18  losing his or her position on the register of eligibles. Any
19  candidate who passes a second time may be removed from the list
20  by the appointing authority provided that such action shall
21  not prejudice a person's opportunities to participate in
22  future examinations, including an examination held during the
23  time a candidate is already on the municipality's register of
24  eligibles.
25  The sole authority to issue certificates of appointment
26  shall be vested in the Civil Service Commission. All

 

 

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1  certificates of appointment issued to any officer or member of
2  an affected department shall be signed by the chairperson and
3  secretary, respectively, of the commission upon appointment of
4  such officer or member to the affected department by the
5  commission. After being selected from the register of
6  eligibles to fill a vacancy in the affected department, each
7  appointee shall be presented with his or her certificate of
8  appointment on the day on which he or she is sworn in as a
9  classified member of the affected department. Firefighters who
10  were not issued a certificate of appointment when originally
11  appointed shall be provided with a certificate within 10 days
12  after making a written request to the chairperson of the Civil
13  Service Commission. Each person who accepts a certificate of
14  appointment and successfully completes his or her probationary
15  period shall be enrolled as a firefighter and as a regular
16  member of the fire department.
17  For the purposes of this Section, "firefighter" means any
18  person who has been prior to, on, or after August 4, 2011 (the
19  effective date of Public Act 97-251) appointed to a fire
20  department or fire protection district or employed by a State
21  university and sworn or commissioned to perform firefighter
22  duties or paramedic duties, or both, except that the following
23  persons are not included: part-time firefighters; auxiliary,
24  reserve, or voluntary firefighters, including paid-on-call
25  firefighters; clerks and dispatchers or other civilian
26  employees of a fire department or fire protection district who

 

 

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1  are not routinely expected to perform firefighter duties; and
2  elected officials.
3  (c) Qualification for placement on register of eligibles.
4  The purpose of establishing a register of eligibles is to
5  identify applicants who possess and demonstrate the mental
6  aptitude and physical ability to perform the duties required
7  of members of the fire department in order to provide the
8  highest quality of service to the public. To this end, all
9  applicants for original appointment to an affected fire
10  department shall be subject to examination and testing which
11  shall be public, competitive, and open to all applicants
12  unless the municipality shall by ordinance limit applicants to
13  residents of the municipality, county or counties in which the
14  municipality is located, State, or nation. Any examination and
15  testing procedure utilized under subsection (e) of this
16  Section shall be supported by appropriate validation evidence
17  and shall comply with all applicable State and federal laws.
18  Municipalities may establish educational, emergency medical
19  service licensure, and other prerequisites for participation
20  in an examination or for hire as a firefighter. Any
21  municipality may charge a fee to cover the costs of the
22  application process.
23  Residency requirements in effect at the time an individual
24  enters the fire service of a municipality cannot be made more
25  restrictive for that individual during his or her period of
26  service for that municipality, or be made a condition of

 

 

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1  promotion, except for the rank or position of fire chief and
2  for no more than 2 positions that rank immediately below that
3  of the chief rank which are appointed positions pursuant to
4  the Fire Department Promotion Act.
5  No person who is 35 years of age or older shall be eligible
6  to take an examination for a position as a firefighter unless
7  the person has had previous employment status as a firefighter
8  in the regularly constituted fire department of the
9  municipality, except as provided in this Section. The age
10  limitation does not apply to:
11  (1) any person previously employed as a full-time
12  firefighter in a regularly constituted fire department of
13  (i) any municipality or fire protection district located
14  in Illinois, (ii) a fire protection district whose
15  obligations were assumed by a municipality under Section
16  21 of the Fire Protection District Act, or (iii) a
17  municipality whose obligations were taken over by a fire
18  protection district,
19  (2) any person who has served a municipality as a
20  regularly enrolled volunteer, paid-on-call, or part-time
21  firefighter, or
22  (3) any person who turned 35 while serving as a member
23  of the active or reserve components of any of the branches
24  of the Armed Forces of the United States or the National
25  Guard of any state, whose service was characterized as
26  honorable or under honorable, if separated from the

 

 

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1  military, and is currently under the age of 40.
2  No person who is under 18 21 years of age shall be eligible
3  for employment as a firefighter.
4  No applicant shall be examined concerning his or her
5  political or religious opinions or affiliations. The
6  examinations shall be conducted by the commissioners of the
7  municipality or their designees and agents.
8  No municipality shall require that any firefighter
9  appointed to the lowest rank serve a probationary employment
10  period of longer than one year of actual active employment,
11  which may exclude periods of training, or injury or illness
12  leaves, including duty related leave, in excess of 30 calendar
13  days. Notwithstanding anything to the contrary in this
14  Section, the probationary employment period limitation may be
15  extended for a firefighter who is required, as a condition of
16  employment, to be a licensed paramedic, during which time the
17  sole reason that a firefighter may be discharged without a
18  hearing is for failing to meet the requirements for paramedic
19  licensure.
20  In the event that any applicant who has been found
21  eligible for appointment and whose name has been placed upon
22  the final eligibility register provided for in this Division 1
23  has not been appointed to a firefighter position within one
24  year after the date of his or her physical ability
25  examination, the commission may cause a second examination to
26  be made of that applicant's physical ability prior to his or

 

 

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1  her appointment. If, after the second examination, the
2  physical ability of the applicant shall be found to be less
3  than the minimum standard fixed by the rules of the
4  commission, the applicant shall not be appointed. The
5  applicant's name may be retained upon the register of
6  candidates eligible for appointment and when next reached for
7  certification and appointment that applicant may be again
8  examined as provided in this Section, and if the physical
9  ability of that applicant is found to be less than the minimum
10  standard fixed by the rules of the commission, the applicant
11  shall not be appointed, and the name of the applicant shall be
12  removed from the register.
13  (d) Notice, examination, and testing components. Notice of
14  the time, place, general scope, merit criteria for any
15  subjective component, and fee of every examination shall be
16  given by the commission, by a publication at least 2 weeks
17  preceding the examination: (i) in one or more newspapers
18  published in the municipality, or if no newspaper is published
19  therein, then in one or more newspapers with a general
20  circulation within the municipality, or (ii) on the
21  municipality's Internet website. Additional notice of the
22  examination may be given as the commission shall prescribe.
23  The examination and qualifying standards for employment of
24  firefighters shall be based on: mental aptitude, physical
25  ability, preferences, moral character, and health. The mental
26  aptitude, physical ability, and preference components shall

 

 

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1  determine an applicant's qualification for and placement on
2  the final register of eligibles. The examination may also
3  include a subjective component based on merit criteria as
4  determined by the commission. Scores from the examination must
5  be made available to the public.
6  (e) Mental aptitude. No person who does not possess at
7  least a high school diploma or an equivalent high school
8  education shall be placed on a register of eligibles.
9  Examination of an applicant's mental aptitude shall be based
10  upon a written examination. The examination shall be practical
11  in character and relate to those matters that fairly test the
12  capacity of the persons examined to discharge the duties
13  performed by members of a fire department. Written
14  examinations shall be administered in a manner that ensures
15  the security and accuracy of the scores achieved.
16  (f) Physical ability. All candidates shall be required to
17  undergo an examination of their physical ability to perform
18  the essential functions included in the duties they may be
19  called upon to perform as a member of a fire department. For
20  the purposes of this Section, essential functions of the job
21  are functions associated with duties that a firefighter may be
22  called upon to perform in response to emergency calls. The
23  frequency of the occurrence of those duties as part of the fire
24  department's regular routine shall not be a controlling factor
25  in the design of examination criteria or evolutions selected
26  for testing. These physical examinations shall be open,

 

 

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1  competitive, and based on industry standards designed to test
2  each applicant's physical abilities in the following
3  dimensions:
4  (1) Muscular strength to perform tasks and evolutions
5  that may be required in the performance of duties
6  including grip strength, leg strength, and arm strength.
7  Tests shall be conducted under anaerobic as well as
8  aerobic conditions to test both the candidate's speed and
9  endurance in performing tasks and evolutions. Tasks tested
10  may be based on standards developed, or approved, by the
11  local appointing authority.
12  (2) The ability to climb ladders, operate from
13  heights, walk or crawl in the dark along narrow and uneven
14  surfaces, and operate in proximity to hazardous
15  environments.
16  (3) The ability to carry out critical, time-sensitive,
17  and complex problem solving during physical exertion in
18  stressful and hazardous environments. The testing
19  environment may be hot and dark with tightly enclosed
20  spaces, flashing lights, sirens, and other distractions.
21  The tests utilized to measure each applicant's
22  capabilities in each of these dimensions may be tests based on
23  industry standards currently in use or equivalent tests
24  approved by the Joint Labor-Management Committee of the Office
25  of the State Fire Marshal.
26  Physical ability examinations administered under this

 

 

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1  Section shall be conducted with a reasonable number of
2  proctors and monitors, open to the public, and subject to
3  reasonable regulations of the commission.
4  (g) Scoring of examination components. Appointing
5  authorities may create a preliminary eligibility register. A
6  person shall be placed on the list based upon his or her
7  passage of the written examination or the passage of the
8  written examination and the physical ability component.
9  Passage of the written examination means attaining the minimum
10  score set by the commission. Minimum scores should be set by
11  the commission so as to demonstrate a candidate's ability to
12  perform the essential functions of the job. The minimum score
13  set by the commission shall be supported by appropriate
14  validation evidence and shall comply with all applicable State
15  and federal laws. The appointing authority may conduct the
16  physical ability component and any subjective components
17  subsequent to the posting of the preliminary eligibility
18  register.
19  The examination components for an initial eligibility
20  register shall be graded on a 100-point scale. A person's
21  position on the list shall be determined by the following: (i)
22  the person's score on the written examination, (ii) the person
23  successfully passing the physical ability component, and (iii)
24  the person's results on any subjective component as described
25  in subsection (d).
26  In order to qualify for placement on the final eligibility

 

 

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1  register, an applicant's score on the written examination,
2  before any applicable preference points or subjective points
3  are applied, shall be at or above the minimum score set by the
4  commission. The local appointing authority may prescribe the
5  score to qualify for placement on the final eligibility
6  register, but the score shall not be less than the minimum
7  score set by the commission.
8  The commission shall prepare and keep a register of
9  persons whose total score is not less than the minimum score
10  for passage and who have passed the physical ability
11  examination. These persons shall take rank upon the register
12  as candidates in the order of their relative excellence based
13  on the highest to the lowest total points scored on the mental
14  aptitude, subjective component, and preference components of
15  the test administered in accordance with this Section. No more
16  than 60 days after each examination, an initial eligibility
17  list shall be posted by the commission. The list shall include
18  the final grades of the candidates without reference to
19  priority of the time of examination and subject to claim for
20  preference credit.
21  Commissions may conduct additional examinations, including
22  without limitation a polygraph test, after a final eligibility
23  register is established and before it expires with the
24  candidates ranked by total score without regard to date of
25  examination. No more than 60 days after each examination, an
26  initial eligibility list shall be posted by the commission

 

 

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1  showing the final grades of the candidates without reference
2  to priority of time of examination and subject to claim for
3  preference credit.
4  (h) Preferences. The following are preferences:
5  (1) Veteran preference. Persons who were engaged in
6  the military service of the United States for a period of
7  at least one year of active duty and who were honorably
8  discharged therefrom, or who are now or have been members
9  on inactive or reserve duty in such military or naval
10  service, shall be preferred for appointment to and
11  employment with the fire department of an affected
12  department.
13  (2) Fire cadet preference. Persons who have
14  successfully completed 2 years of study in fire techniques
15  or cadet training within a cadet program established under
16  the rules of the Joint Labor and Management Committee
17  (JLMC), as defined in Section 50 of the Fire Department
18  Promotion Act, may be preferred for appointment to and
19  employment with the fire department.
20  (3) Educational preference. Persons who have
21  successfully obtained an associate's degree in the field
22  of fire service or emergency medical services, or a
23  bachelor's degree from an accredited college or university
24  may be preferred for appointment to and employment with
25  the fire department.
26  (4) Paramedic preference. Persons who have obtained a

 

 

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1  license as a paramedic may be preferred for appointment to
2  and employment with the fire department of an affected
3  department providing emergency medical services.
4  (5) Experience preference. All persons employed by a
5  municipality who have been paid-on-call or part-time
6  certified Firefighter II, certified Firefighter III, State
7  of Illinois or nationally licensed EMT, EMT-I, A-EMT, or
8  paramedic, or any combination of those capacities may be
9  awarded up to a maximum of 5 points. However, the
10  applicant may not be awarded more than 0.5 points for each
11  complete year of paid-on-call or part-time service.
12  Applicants from outside the municipality who were employed
13  as full-time firefighters or firefighter-paramedics by a
14  fire protection district or another municipality may be
15  awarded up to 5 experience preference points. However, the
16  applicant may not be awarded more than one point for each
17  complete year of full-time service.
18  Upon request by the commission, the governing body of
19  the municipality or in the case of applicants from outside
20  the municipality the governing body of any fire protection
21  district or any other municipality shall certify to the
22  commission, within 10 days after the request, the number
23  of years of successful paid-on-call, part-time, or
24  full-time service of any person. A candidate may not
25  receive the full amount of preference points under this
26  subsection if the amount of points awarded would place the

 

 

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1  candidate before a veteran on the eligibility list. If
2  more than one candidate receiving experience preference
3  points is prevented from receiving all of their points due
4  to not being allowed to pass a veteran, the candidates
5  shall be placed on the list below the veteran in rank order
6  based on the totals received if all points under this
7  subsection were to be awarded. Any remaining ties on the
8  list shall be determined by lot.
9  (6) Residency preference. Applicants whose principal
10  residence is located within the fire department's
11  jurisdiction may be preferred for appointment to and
12  employment with the fire department.
13  (7) Additional preferences. Up to 5 additional
14  preference points may be awarded for unique categories
15  based on an applicant's experience or background as
16  identified by the commission.
17  (7.5) Apprentice preferences. A person who has
18  performed fire suppression service for a department as a
19  firefighter apprentice and otherwise meets the
20  qualifications for original appointment as a firefighter
21  specified in this Section may be awarded up to 20
22  preference points. To qualify for preference points, an
23  applicant shall have completed a minimum of 600 hours of
24  fire suppression work on a regular shift for the affected
25  fire department over a 12-month period. The fire
26  suppression work must be in accordance with Section

 

 

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1  10-1-14 of this Division and the terms established by a
2  Joint Apprenticeship Committee included in a collective
3  bargaining agreement agreed between the employer and its
4  certified bargaining agent. An eligible applicant must
5  apply to the Joint Apprenticeship Committee for preference
6  points under this item. The Joint Apprenticeship Committee
7  shall evaluate the merit of the applicant's performance,
8  determine the preference points to be awarded, and certify
9  the amount of points awarded to the commissioners. The
10  commissioners may add the certified preference points to
11  the final grades achieved by the applicant on the other
12  components of the examination.
13  (8) Scoring of preferences. The commission shall give
14  preference for original appointment to persons designated
15  in item (1) by adding to the final grade that they receive
16  5 points for the recognized preference achieved. The
17  commission may give preference for original appointment to
18  persons designated in item (7.5) by adding to the final
19  grade the amount of points designated by the Joint
20  Apprenticeship Committee as defined in item (7.5). The
21  commission shall determine the number of preference points
22  for each category, except items (1) and (7.5). The number
23  of preference points for each category shall range from 0
24  to 5, except item (7.5). In determining the number of
25  preference points, the commission shall prescribe that if
26  a candidate earns the maximum number of preference points

 

 

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1  in all categories except item (7.5), that number may not
2  be less than 10 nor more than 30. The commission shall give
3  preference for original appointment to persons designated
4  in items (2) through (7) by adding the requisite number of
5  points to the final grade for each recognized preference
6  achieved. The numerical result thus attained shall be
7  applied by the commission in determining the final
8  eligibility list and appointment from the eligibility
9  list. The local appointing authority may prescribe the
10  total number of preference points awarded under this
11  Section, but the total number of preference points, except
12  item (7.5), shall not be less than 10 points or more than
13  30 points. Apprentice preference points may be added in
14  addition to other preference points awarded by the
15  commission.
16  No person entitled to any preference shall be required to
17  claim the credit before any examination held under the
18  provisions of this Section, but the preference shall be given
19  after the posting or publication of the initial eligibility
20  list or register at the request of a person entitled to a
21  credit before any certification or appointments are made from
22  the eligibility register, upon the furnishing of verifiable
23  evidence and proof of qualifying preference credit. Candidates
24  who are eligible for preference credit shall make a claim in
25  writing within 10 days after the posting of the initial
26  eligibility list, or the claim shall be deemed waived. Final

 

 

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1  eligibility registers shall be established after the awarding
2  of verified preference points. However, apprentice preference
3  credit earned subsequent to the establishment of the final
4  eligibility register may be applied to the applicant's score
5  upon certification by the Joint Apprenticeship Committee to
6  the commission and the rank order of candidates on the final
7  eligibility register shall be adjusted accordingly. All
8  employment shall be subject to the commission's initial hire
9  background review, including, but not limited to, criminal
10  history, employment history, moral character, oral
11  examination, and medical and psychological examinations, all
12  on a pass-fail basis. The medical and psychological
13  examinations must be conducted last, and may only be performed
14  after a conditional offer of employment has been extended.
15  Any person placed on an eligibility list who exceeds the
16  age requirement before being appointed to a fire department
17  shall remain eligible for appointment until the list is
18  abolished, or his or her name has been on the list for a period
19  of 2 years. No person who has attained the age of 35 years
20  shall be inducted into a fire department, except as otherwise
21  provided in this Section.
22  The commission shall strike off the names of candidates
23  for original appointment after the names have been on the list
24  for more than 2 years.
25  (i) Moral character. No person shall be appointed to a
26  fire department unless he or she is a person of good character;

 

 

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1  not a habitual drunkard, a gambler, or a person who has been
2  convicted of a felony or a crime involving moral turpitude.
3  However, no person shall be disqualified from appointment to
4  the fire department because of the person's record of
5  misdemeanor convictions except those under Sections 11-6,
6  11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
7  12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
8  31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs
9  (1), (6), and (8) of subsection (a) of Section 24-1 of the
10  Criminal Code of 1961 or the Criminal Code of 2012, or arrest
11  for any cause without conviction thereon. Any such person who
12  is in the department may be removed on charges brought for
13  violating this subsection and after a trial as hereinafter
14  provided.
15  A classifiable set of the fingerprints of every person who
16  is offered employment as a certificated member of an affected
17  fire department whether with or without compensation, shall be
18  furnished to the Illinois State Police and to the Federal
19  Bureau of Investigation by the commission.
20  Whenever a commission is authorized or required by law to
21  consider some aspect of criminal history record information
22  for the purpose of carrying out its statutory powers and
23  responsibilities, then, upon request and payment of fees in
24  conformance with the requirements of Section 2605-400 of the
25  Illinois State Police Law of the Civil Administrative Code of
26  Illinois, the Illinois State Police is authorized to furnish,

 

 

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1  pursuant to positive identification, the information contained
2  in State files as is necessary to fulfill the request.
3  (j) Temporary appointments. In order to prevent a stoppage
4  of public business, to meet extraordinary exigencies, or to
5  prevent material impairment of the fire department, the
6  commission may make temporary appointments, to remain in force
7  only until regular appointments are made under the provisions
8  of this Division, but never to exceed 60 days. No temporary
9  appointment of any one person shall be made more than twice in
10  any calendar year.
11  (k) A person who knowingly divulges or receives test
12  questions or answers before a written examination, or
13  otherwise knowingly violates or subverts any requirement of
14  this Section, commits a violation of this Section and may be
15  subject to charges for official misconduct.
16  A person who is the knowing recipient of test information
17  in advance of the examination shall be disqualified from the
18  examination or discharged from the position to which he or she
19  was appointed, as applicable, and otherwise subjected to
20  disciplinary actions.
21  (Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21;
22  102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-813, eff.
23  5-13-22.)
24  (65 ILCS 5/10-2.1-6.3)
25  Sec. 10-2.1-6.3. Original appointments; full-time fire

 

 

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1  department.
2  (a) Applicability. Unless a commission elects to follow
3  the provisions of Section 10-2.1-6.4, this Section shall apply
4  to all original appointments to an affected full-time fire
5  department. Existing registers of eligibles shall continue to
6  be valid until their expiration dates, or up to a maximum of 2
7  years after August 4, 2011 (the effective date of Public Act
8  97-251).
9  Notwithstanding any statute, ordinance, rule, or other law
10  to the contrary, all original appointments to an affected
11  department to which this Section applies shall be administered
12  in the manner provided for in this Section. Provisions of the
13  Illinois Municipal Code, municipal ordinances, and rules
14  adopted pursuant to such authority and other laws relating to
15  initial hiring of firefighters in affected departments shall
16  continue to apply to the extent they are compatible with this
17  Section, but in the event of a conflict between this Section
18  and any other law, this Section shall control.
19  A home rule or non-home rule municipality may not
20  administer its fire department process for original
21  appointments in a manner that is less stringent than this
22  Section. This Section is a limitation under subsection (i) of
23  Section 6 of Article VII of the Illinois Constitution on the
24  concurrent exercise by home rule units of the powers and
25  functions exercised by the State.
26  A municipality that is operating under a court order or

 

 

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1  consent decree regarding original appointments to a full-time
2  fire department before August 4, 2011 (the effective date of
3  Public Act 97-251) is exempt from the requirements of this
4  Section for the duration of the court order or consent decree.
5  Notwithstanding any other provision of this subsection
6  (a), this Section does not apply to a municipality with more
7  than 1,000,000 inhabitants.
8  (b) Original appointments. All original appointments made
9  to an affected fire department shall be made from a register of
10  eligibles established in accordance with the processes
11  established by this Section. Only persons who meet or exceed
12  the performance standards required by this Section shall be
13  placed on a register of eligibles for original appointment to
14  an affected fire department.
15  Whenever an appointing authority authorizes action to hire
16  a person to perform the duties of a firefighter or to hire a
17  firefighter-paramedic to fill a position that is a new
18  position or vacancy due to resignation, discharge, promotion,
19  death, the granting of a disability or retirement pension, or
20  any other cause, the appointing authority shall appoint to
21  that position the person with the highest ranking on the final
22  eligibility list. If the appointing authority has reason to
23  conclude that the highest ranked person fails to meet the
24  minimum standards for the position or if the appointing
25  authority believes an alternate candidate would better serve
26  the needs of the department, then the appointing authority has

 

 

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1  the right to pass over the highest ranked person and appoint
2  either: (i) any person who has a ranking in the top 5% of the
3  register of eligibles or (ii) any person who is among the top 5
4  highest ranked persons on the list of eligibles if the number
5  of people who have a ranking in the top 5% of the register of
6  eligibles is less than 5 people.
7  Any candidate may pass on an appointment once without
8  losing his or her position on the register of eligibles. Any
9  candidate who passes a second time may be removed from the list
10  by the appointing authority provided that such action shall
11  not prejudice a person's opportunities to participate in
12  future examinations, including an examination held during the
13  time a candidate is already on the municipality's register of
14  eligibles.
15  The sole authority to issue certificates of appointment
16  shall be vested in the board of fire and police commissioners.
17  All certificates of appointment issued to any officer or
18  member of an affected department shall be signed by the
19  chairperson and secretary, respectively, of the board upon
20  appointment of such officer or member to the affected
21  department by action of the board. After being selected from
22  the register of eligibles to fill a vacancy in the affected
23  department, each appointee shall be presented with his or her
24  certificate of appointment on the day on which he or she is
25  sworn in as a classified member of the affected department.
26  Firefighters who were not issued a certificate of appointment

 

 

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1  when originally appointed shall be provided with a certificate
2  within 10 days after making a written request to the
3  chairperson of the board of fire and police commissioners.
4  Each person who accepts a certificate of appointment and
5  successfully completes his or her probationary period shall be
6  enrolled as a firefighter and as a regular member of the fire
7  department.
8  For the purposes of this Section, "firefighter" means any
9  person who has been prior to, on, or after August 4, 2011 (the
10  effective date of Public Act 97-251) appointed to a fire
11  department or fire protection district or employed by a State
12  university and sworn or commissioned to perform firefighter
13  duties or paramedic duties, or both, except that the following
14  persons are not included: part-time firefighters; auxiliary,
15  reserve, or voluntary firefighters, including paid-on-call
16  firefighters; clerks and dispatchers or other civilian
17  employees of a fire department or fire protection district who
18  are not routinely expected to perform firefighter duties; and
19  elected officials.
20  (c) Qualification for placement on register of eligibles.
21  The purpose of establishing a register of eligibles is to
22  identify applicants who possess and demonstrate the mental
23  aptitude and physical ability to perform the duties required
24  of members of the fire department in order to provide the
25  highest quality of service to the public. To this end, all
26  applicants for original appointment to an affected fire

 

 

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1  department shall be subject to examination and testing which
2  shall be public, competitive, and open to all applicants
3  unless the municipality shall by ordinance limit applicants to
4  residents of the municipality, county or counties in which the
5  municipality is located, State, or nation. Any examination and
6  testing procedure utilized under subsection (e) of this
7  Section shall be supported by appropriate validation evidence
8  and shall comply with all applicable State and federal laws.
9  Municipalities may establish educational, emergency medical
10  service licensure, and other prerequisites for participation
11  in an examination or for hire as a firefighter. Any
12  municipality may charge a fee to cover the costs of the
13  application process.
14  Residency requirements in effect at the time an individual
15  enters the fire service of a municipality cannot be made more
16  restrictive for that individual during his or her period of
17  service for that municipality, or be made a condition of
18  promotion, except for the rank or position of fire chief and
19  for no more than 2 positions that rank immediately below that
20  of the chief rank which are appointed positions pursuant to
21  the Fire Department Promotion Act.
22  No person who is 35 years of age or older shall be eligible
23  to take an examination for a position as a firefighter unless
24  the person has had previous employment status as a firefighter
25  in the regularly constituted fire department of the
26  municipality, except as provided in this Section. The age

 

 

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1  limitation does not apply to:
2  (1) any person previously employed as a full-time
3  firefighter in a regularly constituted fire department of
4  (i) any municipality or fire protection district located
5  in Illinois, (ii) a fire protection district whose
6  obligations were assumed by a municipality under Section
7  21 of the Fire Protection District Act, or (iii) a
8  municipality whose obligations were taken over by a fire
9  protection district,
10  (2) any person who has served a municipality as a
11  regularly enrolled volunteer, paid-on-call, or part-time
12  firefighter, or
13  (3) any person who turned 35 while serving as a member
14  of the active or reserve components of any of the branches
15  of the Armed Forces of the United States or the National
16  Guard of any state, whose service was characterized as
17  honorable or under honorable, if separated from the
18  military, and is currently under the age of 40.
19  No person who is under 18 21 years of age shall be eligible
20  for employment as a firefighter.
21  No applicant shall be examined concerning his or her
22  political or religious opinions or affiliations. The
23  examinations shall be conducted by the commissioners of the
24  municipality or their designees and agents.
25  No municipality shall require that any firefighter
26  appointed to the lowest rank serve a probationary employment

 

 

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1  period of longer than one year of actual active employment,
2  which may exclude periods of training, or injury or illness
3  leaves, including duty related leave, in excess of 30 calendar
4  days. Notwithstanding anything to the contrary in this
5  Section, the probationary employment period limitation may be
6  extended for a firefighter who is required, as a condition of
7  employment, to be a licensed paramedic, during which time the
8  sole reason that a firefighter may be discharged without a
9  hearing is for failing to meet the requirements for paramedic
10  licensure.
11  In the event that any applicant who has been found
12  eligible for appointment and whose name has been placed upon
13  the final eligibility register provided for in this Section
14  has not been appointed to a firefighter position within one
15  year after the date of his or her physical ability
16  examination, the commission may cause a second examination to
17  be made of that applicant's physical ability prior to his or
18  her appointment. If, after the second examination, the
19  physical ability of the applicant shall be found to be less
20  than the minimum standard fixed by the rules of the
21  commission, the applicant shall not be appointed. The
22  applicant's name may be retained upon the register of
23  candidates eligible for appointment and when next reached for
24  certification and appointment that applicant may be again
25  examined as provided in this Section, and if the physical
26  ability of that applicant is found to be less than the minimum

 

 

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1  standard fixed by the rules of the commission, the applicant
2  shall not be appointed, and the name of the applicant shall be
3  removed from the register.
4  (d) Notice, examination, and testing components. Notice of
5  the time, place, general scope, merit criteria for any
6  subjective component, and fee of every examination shall be
7  given by the commission, by a publication at least 2 weeks
8  preceding the examination: (i) in one or more newspapers
9  published in the municipality, or if no newspaper is published
10  therein, then in one or more newspapers with a general
11  circulation within the municipality, or (ii) on the
12  municipality's Internet website. Additional notice of the
13  examination may be given as the commission shall prescribe.
14  The examination and qualifying standards for employment of
15  firefighters shall be based on: mental aptitude, physical
16  ability, preferences, moral character, and health. The mental
17  aptitude, physical ability, and preference components shall
18  determine an applicant's qualification for and placement on
19  the final register of eligibles. The examination may also
20  include a subjective component based on merit criteria as
21  determined by the commission. Scores from the examination must
22  be made available to the public.
23  (e) Mental aptitude. No person who does not possess at
24  least a high school diploma or an equivalent high school
25  education shall be placed on a register of eligibles.
26  Examination of an applicant's mental aptitude shall be based

 

 

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1  upon a written examination. The examination shall be practical
2  in character and relate to those matters that fairly test the
3  capacity of the persons examined to discharge the duties
4  performed by members of a fire department. Written
5  examinations shall be administered in a manner that ensures
6  the security and accuracy of the scores achieved.
7  (f) Physical ability. All candidates shall be required to
8  undergo an examination of their physical ability to perform
9  the essential functions included in the duties they may be
10  called upon to perform as a member of a fire department. For
11  the purposes of this Section, essential functions of the job
12  are functions associated with duties that a firefighter may be
13  called upon to perform in response to emergency calls. The
14  frequency of the occurrence of those duties as part of the fire
15  department's regular routine shall not be a controlling factor
16  in the design of examination criteria or evolutions selected
17  for testing. These physical examinations shall be open,
18  competitive, and based on industry standards designed to test
19  each applicant's physical abilities in the following
20  dimensions:
21  (1) Muscular strength to perform tasks and evolutions
22  that may be required in the performance of duties
23  including grip strength, leg strength, and arm strength.
24  Tests shall be conducted under anaerobic as well as
25  aerobic conditions to test both the candidate's speed and
26  endurance in performing tasks and evolutions. Tasks tested

 

 

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1  may be based on standards developed, or approved, by the
2  local appointing authority.
3  (2) The ability to climb ladders, operate from
4  heights, walk or crawl in the dark along narrow and uneven
5  surfaces, and operate in proximity to hazardous
6  environments.
7  (3) The ability to carry out critical, time-sensitive,
8  and complex problem solving during physical exertion in
9  stressful and hazardous environments. The testing
10  environment may be hot and dark with tightly enclosed
11  spaces, flashing lights, sirens, and other distractions.
12  The tests utilized to measure each applicant's
13  capabilities in each of these dimensions may be tests based on
14  industry standards currently in use or equivalent tests
15  approved by the Joint Labor-Management Committee of the Office
16  of the State Fire Marshal.
17  Physical ability examinations administered under this
18  Section shall be conducted with a reasonable number of
19  proctors and monitors, open to the public, and subject to
20  reasonable regulations of the commission.
21  (g) Scoring of examination components. Appointing
22  authorities may create a preliminary eligibility register. A
23  person shall be placed on the list based upon his or her
24  passage of the written examination or the passage of the
25  written examination and the physical ability component.
26  Passage of the written examination means attaining the minimum

 

 

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1  score set by the commission. Minimum scores should be set by
2  the commission so as to demonstrate a candidate's ability to
3  perform the essential functions of the job. The minimum score
4  set by the commission shall be supported by appropriate
5  validation evidence and shall comply with all applicable State
6  and federal laws. The appointing authority may conduct the
7  physical ability component and any subjective components
8  subsequent to the posting of the preliminary eligibility
9  register.
10  The examination components for an initial eligibility
11  register shall be graded on a 100-point scale. A person's
12  position on the list shall be determined by the following: (i)
13  the person's score on the written examination, (ii) the person
14  successfully passing the physical ability component, and (iii)
15  the person's results on any subjective component as described
16  in subsection (d).
17  In order to qualify for placement on the final eligibility
18  register, an applicant's score on the written examination,
19  before any applicable preference points or subjective points
20  are applied, shall be at or above the minimum score as set by
21  the commission. The local appointing authority may prescribe
22  the score to qualify for placement on the final eligibility
23  register, but the score shall not be less than the minimum
24  score set by the commission.
25  The commission shall prepare and keep a register of
26  persons whose total score is not less than the minimum score

 

 

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1  for passage and who have passed the physical ability
2  examination. These persons shall take rank upon the register
3  as candidates in the order of their relative excellence based
4  on the highest to the lowest total points scored on the mental
5  aptitude, subjective component, and preference components of
6  the test administered in accordance with this Section. No more
7  than 60 days after each examination, an initial eligibility
8  list shall be posted by the commission. The list shall include
9  the final grades of the candidates without reference to
10  priority of the time of examination and subject to claim for
11  preference credit.
12  Commissions may conduct additional examinations, including
13  without limitation a polygraph test, after a final eligibility
14  register is established and before it expires with the
15  candidates ranked by total score without regard to date of
16  examination. No more than 60 days after each examination, an
17  initial eligibility list shall be posted by the commission
18  showing the final grades of the candidates without reference
19  to priority of time of examination and subject to claim for
20  preference credit.
21  (h) Preferences. The following are preferences:
22  (1) Veteran preference. Persons who were engaged in
23  the military service of the United States for a period of
24  at least one year of active duty and who were honorably
25  discharged therefrom, or who are now or have been members
26  on inactive or reserve duty in such military or naval

 

 

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1  service, shall be preferred for appointment to and
2  employment with the fire department of an affected
3  department.
4  (2) Fire cadet preference. Persons who have
5  successfully completed 2 years of study in fire techniques
6  or cadet training within a cadet program established under
7  the rules of the Joint Labor and Management Committee
8  (JLMC), as defined in Section 50 of the Fire Department
9  Promotion Act, may be preferred for appointment to and
10  employment with the fire department.
11  (3) Educational preference. Persons who have
12  successfully obtained an associate's degree in the field
13  of fire service or emergency medical services, or a
14  bachelor's degree from an accredited college or university
15  may be preferred for appointment to and employment with
16  the fire department.
17  (4) Paramedic preference. Persons who have obtained a
18  license as a paramedic shall be preferred for appointment
19  to and employment with the fire department of an affected
20  department providing emergency medical services.
21  (5) Experience preference. All persons employed by a
22  municipality who have been paid-on-call or part-time
23  certified Firefighter II, State of Illinois or nationally
24  licensed EMT, EMT-I, A-EMT, or any combination of those
25  capacities shall be awarded 0.5 point for each year of
26  successful service in one or more of those capacities, up

 

 

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1  to a maximum of 5 points. Certified Firefighter III and
2  State of Illinois or nationally licensed paramedics shall
3  be awarded one point per year up to a maximum of 5 points.
4  Applicants from outside the municipality who were employed
5  as full-time firefighters or firefighter-paramedics by a
6  fire protection district or another municipality for at
7  least 2 years shall be awarded 5 experience preference
8  points. These additional points presuppose a rating scale
9  totaling 100 points available for the eligibility list. If
10  more or fewer points are used in the rating scale for the
11  eligibility list, the points awarded under this subsection
12  shall be increased or decreased by a factor equal to the
13  total possible points available for the examination
14  divided by 100.
15  Upon request by the commission, the governing body of
16  the municipality or in the case of applicants from outside
17  the municipality the governing body of any fire protection
18  district or any other municipality shall certify to the
19  commission, within 10 days after the request, the number
20  of years of successful paid-on-call, part-time, or
21  full-time service of any person. A candidate may not
22  receive the full amount of preference points under this
23  subsection if the amount of points awarded would place the
24  candidate before a veteran on the eligibility list. If
25  more than one candidate receiving experience preference
26  points is prevented from receiving all of their points due

 

 

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1  to not being allowed to pass a veteran, the candidates
2  shall be placed on the list below the veteran in rank order
3  based on the totals received if all points under this
4  subsection were to be awarded. Any remaining ties on the
5  list shall be determined by lot.
6  (6) Residency preference. Applicants whose principal
7  residence is located within the fire department's
8  jurisdiction shall be preferred for appointment to and
9  employment with the fire department.
10  (7) Additional preferences. Up to 5 additional
11  preference points may be awarded for unique categories
12  based on an applicant's experience or background as
13  identified by the commission.
14  (7.5) Apprentice preferences. A person who has
15  performed fire suppression service for a department as a
16  firefighter apprentice and otherwise meets the
17  qualifications for original appointment as a firefighter
18  specified in this Section is eligible to be awarded up to
19  20 preference points. To qualify for preference points, an
20  applicant shall have completed a minimum of 600 hours of
21  fire suppression work on a regular shift for the affected
22  fire department over a 12-month period. The fire
23  suppression work must be in accordance with Section
24  10-2.1-4 of this Division and the terms established by a
25  Joint Apprenticeship Committee included in a collective
26  bargaining agreement agreed between the employer and its

 

 

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1  certified bargaining agent. An eligible applicant must
2  apply to the Joint Apprenticeship Committee for preference
3  points under this item. The Joint Apprenticeship Committee
4  shall evaluate the merit of the applicant's performance,
5  determine the preference points to be awarded, and certify
6  the amount of points awarded to the commissioners. The
7  commissioners may add the certified preference points to
8  the final grades achieved by the applicant on the other
9  components of the examination.
10  (8) Scoring of preferences. The commission may give
11  preference for original appointment to persons designated
12  in item (1) by adding to the final grade that they receive
13  5 points for the recognized preference achieved. The
14  commission may give preference for original appointment to
15  persons designated in item (7.5) by adding to the final
16  grade the amount of points designated by the Joint
17  Apprenticeship Committee as defined in item (7.5). The
18  commission shall determine the number of preference points
19  for each category, except items (1) and (7.5). The number
20  of preference points for each category shall range from 0
21  to 5, except item (7.5). In determining the number of
22  preference points, the commission shall prescribe that if
23  a candidate earns the maximum number of preference points
24  in all categories except item (7.5), that number may not
25  be less than 10 nor more than 30. The commission shall give
26  preference for original appointment to persons designated

 

 

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1  in items (2) through (7) by adding the requisite number of
2  points to the final grade for each recognized preference
3  achieved. The numerical result thus attained shall be
4  applied by the commission in determining the final
5  eligibility list and appointment from the eligibility
6  list. The local appointing authority may prescribe the
7  total number of preference points awarded under this
8  Section, but the total number of preference points, except
9  item (7.5), shall not be less than 10 points or more than
10  30 points. Apprentice preference points may be added in
11  addition to other preference points awarded by the
12  commission.
13  No person entitled to any preference shall be required to
14  claim the credit before any examination held under the
15  provisions of this Section, but the preference may be given
16  after the posting or publication of the initial eligibility
17  list or register at the request of a person entitled to a
18  credit before any certification or appointments are made from
19  the eligibility register, upon the furnishing of verifiable
20  evidence and proof of qualifying preference credit. Candidates
21  who are eligible for preference credit may make a claim in
22  writing within 10 days after the posting of the initial
23  eligibility list, or the claim may be deemed waived. Final
24  eligibility registers may be established after the awarding of
25  verified preference points. However, apprentice preference
26  credit earned subsequent to the establishment of the final

 

 

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1  eligibility register may be applied to the applicant's score
2  upon certification by the Joint Apprenticeship Committee to
3  the commission and the rank order of candidates on the final
4  eligibility register shall be adjusted accordingly. All
5  employment shall be subject to the commission's initial hire
6  background review, including, but not limited to, criminal
7  history, employment history, moral character, oral
8  examination, and medical and psychological examinations, all
9  on a pass-fail basis. The medical and psychological
10  examinations must be conducted last, and may only be performed
11  after a conditional offer of employment has been extended.
12  Any person placed on an eligibility list who exceeds the
13  age requirement before being appointed to a fire department
14  shall remain eligible for appointment until the list is
15  abolished, or his or her name has been on the list for a period
16  of 2 years. No person who has attained the age of 35 years
17  shall be inducted into a fire department, except as otherwise
18  provided in this Section.
19  The commission shall strike off the names of candidates
20  for original appointment after the names have been on the list
21  for more than 2 years.
22  (i) Moral character. No person shall be appointed to a
23  fire department unless he or she is a person of good character;
24  not a habitual drunkard, a gambler, or a person who has been
25  convicted of a felony or a crime involving moral turpitude.
26  However, no person shall be disqualified from appointment to

 

 

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1  the fire department because of the person's record of
2  misdemeanor convictions except those under Sections 11-6,
3  11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
4  12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
5  31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs
6  (1), (6), and (8) of subsection (a) of Section 24-1 of the
7  Criminal Code of 1961 or the Criminal Code of 2012, or arrest
8  for any cause without conviction thereon. Any such person who
9  is in the department may be removed on charges brought for
10  violating this subsection and after a trial as hereinafter
11  provided.
12  A classifiable set of the fingerprints of every person who
13  is offered employment as a certificated member of an affected
14  fire department whether with or without compensation, shall be
15  furnished to the Illinois State Police and to the Federal
16  Bureau of Investigation by the commission.
17  Whenever a commission is authorized or required by law to
18  consider some aspect of criminal history record information
19  for the purpose of carrying out its statutory powers and
20  responsibilities, then, upon request and payment of fees in
21  conformance with the requirements of Section 2605-400 of the
22  Illinois State Police Law of the Civil Administrative Code of
23  Illinois, the Illinois State Police is authorized to furnish,
24  pursuant to positive identification, the information contained
25  in State files as is necessary to fulfill the request.
26  (j) Temporary appointments. In order to prevent a stoppage

 

 

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1  of public business, to meet extraordinary exigencies, or to
2  prevent material impairment of the fire department, the
3  commission may make temporary appointments, to remain in force
4  only until regular appointments are made under the provisions
5  of this Division, but never to exceed 60 days. No temporary
6  appointment of any one person shall be made more than twice in
7  any calendar year.
8  (k) A person who knowingly divulges or receives test
9  questions or answers before a written examination, or
10  otherwise knowingly violates or subverts any requirement of
11  this Section, commits a violation of this Section and may be
12  subject to charges for official misconduct.
13  A person who is the knowing recipient of test information
14  in advance of the examination shall be disqualified from the
15  examination or discharged from the position to which he or she
16  was appointed, as applicable, and otherwise subjected to
17  disciplinary actions.
18  (Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21;
19  102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-813, eff.
20  5-13-22.)
21  Section 10. The Fire Protection District Act is amended by
22  changing Section 16.06b as follows:
23  (70 ILCS 705/16.06b)
24  Sec. 16.06b. Original appointments; full-time fire

 

 

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1  department.
2  (a) Applicability. Unless a commission elects to follow
3  the provisions of Section 16.06c, this Section shall apply to
4  all original appointments to an affected full-time fire
5  department. Existing registers of eligibles shall continue to
6  be valid until their expiration dates, or up to a maximum of 2
7  years after August 4, 2011 (the effective date of Public Act
8  97-251).
9  Notwithstanding any statute, ordinance, rule, or other law
10  to the contrary, all original appointments to an affected
11  department to which this Section applies shall be administered
12  in a no less stringent manner than the manner provided for in
13  this Section. Provisions of the Illinois Municipal Code, Fire
14  Protection District Act, fire district ordinances, and rules
15  adopted pursuant to such authority and other laws relating to
16  initial hiring of firefighters in affected departments shall
17  continue to apply to the extent they are compatible with this
18  Section, but in the event of a conflict between this Section
19  and any other law, this Section shall control.
20  A fire protection district that is operating under a court
21  order or consent decree regarding original appointments to a
22  full-time fire department before August 4, 2011 (the effective
23  date of Public Act 97-251) is exempt from the requirements of
24  this Section for the duration of the court order or consent
25  decree.
26  (b) Original appointments. All original appointments made

 

 

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1  to an affected fire department shall be made from a register of
2  eligibles established in accordance with the processes
3  required by this Section. Only persons who meet or exceed the
4  performance standards required by the Section shall be placed
5  on a register of eligibles for original appointment to an
6  affected fire department.
7  Whenever an appointing authority authorizes action to hire
8  a person to perform the duties of a firefighter or to hire a
9  firefighter-paramedic to fill a position that is a new
10  position or vacancy due to resignation, discharge, promotion,
11  death, the granting of a disability or retirement pension, or
12  any other cause, the appointing authority shall appoint to
13  that position the person with the highest ranking on the final
14  eligibility list. If the appointing authority has reason to
15  conclude that the highest ranked person fails to meet the
16  minimum standards for the position or if the appointing
17  authority believes an alternate candidate would better serve
18  the needs of the department, then the appointing authority has
19  the right to pass over the highest ranked person and appoint
20  either: (i) any person who has a ranking in the top 5% of the
21  register of eligibles or (ii) any person who is among the top 5
22  highest ranked persons on the list of eligibles if the number
23  of people who have a ranking in the top 5% of the register of
24  eligibles is less than 5 people.
25  Any candidate may pass on an appointment once without
26  losing his or her position on the register of eligibles. Any

 

 

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1  candidate who passes a second time may be removed from the list
2  by the appointing authority provided that such action shall
3  not prejudice a person's opportunities to participate in
4  future examinations, including an examination held during the
5  time a candidate is already on the fire district's register of
6  eligibles.
7  The sole authority to issue certificates of appointment
8  shall be vested in the board of fire commissioners, or board of
9  trustees serving in the capacity of a board of fire
10  commissioners. All certificates of appointment issued to any
11  officer or member of an affected department shall be signed by
12  the chairperson and secretary, respectively, of the commission
13  upon appointment of such officer or member to the affected
14  department by action of the commission. After being selected
15  from the register of eligibles to fill a vacancy in the
16  affected department, each appointee shall be presented with
17  his or her certificate of appointment on the day on which he or
18  she is sworn in as a classified member of the affected
19  department. Firefighters who were not issued a certificate of
20  appointment when originally appointed shall be provided with a
21  certificate within 10 days after making a written request to
22  the chairperson of the board of fire commissioners, or board
23  of trustees serving in the capacity of a board of fire
24  commissioners. Each person who accepts a certificate of
25  appointment and successfully completes his or her probationary
26  period shall be enrolled as a firefighter and as a regular

 

 

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1  member of the fire department.
2  For the purposes of this Section, "firefighter" means any
3  person who has been prior to, on, or after August 4, 2011 (the
4  effective date of Public Act 97-251) appointed to a fire
5  department or fire protection district or employed by a State
6  university and sworn or commissioned to perform firefighter
7  duties or paramedic duties, or both, except that the following
8  persons are not included: part-time firefighters; auxiliary,
9  reserve, or voluntary firefighters, including paid-on-call
10  firefighters; clerks and dispatchers or other civilian
11  employees of a fire department or fire protection district who
12  are not routinely expected to perform firefighter duties; and
13  elected officials.
14  (c) Qualification for placement on register of eligibles.
15  The purpose of establishing a register of eligibles is to
16  identify applicants who possess and demonstrate the mental
17  aptitude and physical ability to perform the duties required
18  of members of the fire department in order to provide the
19  highest quality of service to the public. To this end, all
20  applicants for original appointment to an affected fire
21  department shall be subject to examination and testing which
22  shall be public, competitive, and open to all applicants
23  unless the district shall by ordinance limit applicants to
24  residents of the district, county or counties in which the
25  district is located, State, or nation. Any examination and
26  testing procedure utilized under subsection (e) of this

 

 

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1  Section shall be supported by appropriate validation evidence
2  and shall comply with all applicable State and federal laws.
3  Districts may establish educational, emergency medical service
4  licensure, and other prerequisites for participation in an
5  examination or for hire as a firefighter. Any fire protection
6  district may charge a fee to cover the costs of the application
7  process.
8  Residency requirements in effect at the time an individual
9  enters the fire service of a district cannot be made more
10  restrictive for that individual during his or her period of
11  service for that district, or be made a condition of
12  promotion, except for the rank or position of fire chief and
13  for no more than 2 positions that rank immediately below that
14  of the chief rank which are appointed positions pursuant to
15  the Fire Department Promotion Act.
16  No person who is 35 years of age or older shall be eligible
17  to take an examination for a position as a firefighter unless
18  the person has had previous employment status as a firefighter
19  in the regularly constituted fire department of the district,
20  except as provided in this Section. The age limitation does
21  not apply to:
22  (1) any person previously employed as a full-time
23  firefighter in a regularly constituted fire department of
24  (i) any municipality or fire protection district located
25  in Illinois, (ii) a fire protection district whose
26  obligations were assumed by a municipality under Section

 

 

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1  21 of the Fire Protection District Act, or (iii) a
2  municipality whose obligations were taken over by a fire
3  protection district;
4  (2) any person who has served a fire district as a
5  regularly enrolled volunteer, paid-on-call, or part-time
6  firefighter; or
7  (3) any person who turned 35 while serving as a member
8  of the active or reserve components of any of the branches
9  of the Armed Forces of the United States or the National
10  Guard of any state, whose service was characterized as
11  honorable or under honorable, if separated from the
12  military, and is currently under the age of 40.
13  No person who is under 18 21 years of age shall be eligible
14  for employment as a firefighter.
15  No applicant shall be examined concerning his or her
16  political or religious opinions or affiliations. The
17  examinations shall be conducted by the commissioners of the
18  district or their designees and agents.
19  No district shall require that any firefighter appointed
20  to the lowest rank serve a probationary employment period of
21  longer than one year of actual active employment, which may
22  exclude periods of training, or injury or illness leaves,
23  including duty related leave, in excess of 30 calendar days.
24  Notwithstanding anything to the contrary in this Section, the
25  probationary employment period limitation may be extended for
26  a firefighter who is required, as a condition of employment,

 

 

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1  to be a licensed paramedic, during which time the sole reason
2  that a firefighter may be discharged without a hearing is for
3  failing to meet the requirements for paramedic licensure.
4  In the event that any applicant who has been found
5  eligible for appointment and whose name has been placed upon
6  the final eligibility register provided for in this Section
7  has not been appointed to a firefighter position within one
8  year after the date of his or her physical ability
9  examination, the commission may cause a second examination to
10  be made of that applicant's physical ability prior to his or
11  her appointment. If, after the second examination, the
12  physical ability of the applicant shall be found to be less
13  than the minimum standard fixed by the rules of the
14  commission, the applicant shall not be appointed. The
15  applicant's name may be retained upon the register of
16  candidates eligible for appointment and when next reached for
17  certification and appointment that applicant may be again
18  examined as provided in this Section, and if the physical
19  ability of that applicant is found to be less than the minimum
20  standard fixed by the rules of the commission, the applicant
21  shall not be appointed, and the name of the applicant shall be
22  removed from the register.
23  (d) Notice, examination, and testing components. Notice of
24  the time, place, general scope, merit criteria for any
25  subjective component, and fee of every examination shall be
26  given by the commission, by a publication at least 2 weeks

 

 

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1  preceding the examination: (i) in one or more newspapers
2  published in the district, or if no newspaper is published
3  therein, then in one or more newspapers with a general
4  circulation within the district, or (ii) on the fire
5  protection district's Internet website. Additional notice of
6  the examination may be given as the commission shall
7  prescribe.
8  The examination and qualifying standards for employment of
9  firefighters shall be based on: mental aptitude, physical
10  ability, preferences, moral character, and health. The mental
11  aptitude, physical ability, and preference components shall
12  determine an applicant's qualification for and placement on
13  the final register of eligibles. The examination may also
14  include a subjective component based on merit criteria as
15  determined by the commission. Scores from the examination must
16  be made available to the public.
17  (e) Mental aptitude. No person who does not possess at
18  least a high school diploma or an equivalent high school
19  education shall be placed on a register of eligibles.
20  Examination of an applicant's mental aptitude shall be based
21  upon a written examination. The examination shall be practical
22  in character and relate to those matters that fairly test the
23  capacity of the persons examined to discharge the duties
24  performed by members of a fire department. Written
25  examinations shall be administered in a manner that ensures
26  the security and accuracy of the scores achieved.

 

 

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1  (f) Physical ability. All candidates shall be required to
2  undergo an examination of their physical ability to perform
3  the essential functions included in the duties they may be
4  called upon to perform as a member of a fire department. For
5  the purposes of this Section, essential functions of the job
6  are functions associated with duties that a firefighter may be
7  called upon to perform in response to emergency calls. The
8  frequency of the occurrence of those duties as part of the fire
9  department's regular routine shall not be a controlling factor
10  in the design of examination criteria or evolutions selected
11  for testing. These physical examinations shall be open,
12  competitive, and based on industry standards designed to test
13  each applicant's physical abilities in the following
14  dimensions:
15  (1) Muscular strength to perform tasks and evolutions
16  that may be required in the performance of duties
17  including grip strength, leg strength, and arm strength.
18  Tests shall be conducted under anaerobic as well as
19  aerobic conditions to test both the candidate's speed and
20  endurance in performing tasks and evolutions. Tasks tested
21  may be based on standards developed, or approved, by the
22  local appointing authority.
23  (2) The ability to climb ladders, operate from
24  heights, walk or crawl in the dark along narrow and uneven
25  surfaces, and operate in proximity to hazardous
26  environments.

 

 

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1  (3) The ability to carry out critical, time-sensitive,
2  and complex problem solving during physical exertion in
3  stressful and hazardous environments. The testing
4  environment may be hot and dark with tightly enclosed
5  spaces, flashing lights, sirens, and other distractions.
6  The tests utilized to measure each applicant's
7  capabilities in each of these dimensions may be tests based on
8  industry standards currently in use or equivalent tests
9  approved by the Joint Labor-Management Committee of the Office
10  of the State Fire Marshal.
11  Physical ability examinations administered under this
12  Section shall be conducted with a reasonable number of
13  proctors and monitors, open to the public, and subject to
14  reasonable regulations of the commission.
15  (g) Scoring of examination components. Appointing
16  authorities may create a preliminary eligibility register. A
17  person shall be placed on the list based upon his or her
18  passage of the written examination or the passage of the
19  written examination and the physical ability component.
20  Passage of the written examination means attaining the minimum
21  score set by the commission. Minimum scores should be set by
22  the appointing authorities so as to demonstrate a candidate's
23  ability to perform the essential functions of the job. The
24  minimum score set by the commission shall be supported by
25  appropriate validation evidence and shall comply with all
26  applicable State and federal laws. The appointing authority

 

 

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1  may conduct the physical ability component and any subjective
2  components subsequent to the posting of the preliminary
3  eligibility register.
4  The examination components for an initial eligibility
5  register shall be graded on a 100-point scale. A person's
6  position on the list shall be determined by the following: (i)
7  the person's score on the written examination, (ii) the person
8  successfully passing the physical ability component, and (iii)
9  the person's results on any subjective component as described
10  in subsection (d).
11  In order to qualify for placement on the final eligibility
12  register, an applicant's score on the written examination,
13  before any applicable preference points or subjective points
14  are applied, shall be at or above the minimum score set by the
15  commission. The local appointing authority may prescribe the
16  score to qualify for placement on the final eligibility
17  register, but the score shall not be less than the minimum
18  score set by the commission.
19  The commission shall prepare and keep a register of
20  persons whose total score is not less than the minimum score
21  for passage and who have passed the physical ability
22  examination. These persons shall take rank upon the register
23  as candidates in the order of their relative excellence based
24  on the highest to the lowest total points scored on the mental
25  aptitude, subjective component, and preference components of
26  the test administered in accordance with this Section. No more

 

 

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1  than 60 days after each examination, an initial eligibility
2  list shall be posted by the commission. The list shall include
3  the final grades of the candidates without reference to
4  priority of the time of examination and subject to claim for
5  preference credit.
6  Commissions may conduct additional examinations, including
7  without limitation a polygraph test, after a final eligibility
8  register is established and before it expires with the
9  candidates ranked by total score without regard to date of
10  examination. No more than 60 days after each examination, an
11  initial eligibility list shall be posted by the commission
12  showing the final grades of the candidates without reference
13  to priority of time of examination and subject to claim for
14  preference credit.
15  (h) Preferences. The following are preferences:
16  (1) Veteran preference. Persons who were engaged in
17  the military service of the United States for a period of
18  at least one year of active duty and who were honorably
19  discharged therefrom, or who are now or have been members
20  on inactive or reserve duty in such military or naval
21  service, shall be preferred for appointment to and
22  employment with the fire department of an affected
23  department.
24  (2) Fire cadet preference. Persons who have
25  successfully completed 2 years of study in fire techniques
26  or cadet training within a cadet program established under

 

 

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1  the rules of the Joint Labor and Management Committee
2  (JLMC), as defined in Section 50 of the Fire Department
3  Promotion Act, may be preferred for appointment to and
4  employment with the fire department.
5  (3) Educational preference. Persons who have
6  successfully obtained an associate's degree in the field
7  of fire service or emergency medical services, or a
8  bachelor's degree from an accredited college or university
9  may be preferred for appointment to and employment with
10  the fire department.
11  (4) Paramedic preference. Persons who have obtained a
12  license as a paramedic may be preferred for appointment to
13  and employment with the fire department of an affected
14  department providing emergency medical services.
15  (5) Experience preference. All persons employed by a
16  district who have been paid-on-call or part-time certified
17  Firefighter II, certified Firefighter III, State of
18  Illinois or nationally licensed EMT, EMT-I, A-EMT, or
19  paramedic, or any combination of those capacities may be
20  awarded up to a maximum of 5 points. However, the
21  applicant may not be awarded more than 0.5 points for each
22  complete year of paid-on-call or part-time service.
23  Applicants from outside the district who were employed as
24  full-time firefighters or firefighter-paramedics by a fire
25  protection district or municipality for at least 2 years
26  may be awarded up to 5 experience preference points.

 

 

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1  However, the applicant may not be awarded more than one
2  point for each complete year of full-time service.
3  Upon request by the commission, the governing body of
4  the district or in the case of applicants from outside the
5  district the governing body of any other fire protection
6  district or any municipality shall certify to the
7  commission, within 10 days after the request, the number
8  of years of successful paid-on-call, part-time, or
9  full-time service of any person. A candidate may not
10  receive the full amount of preference points under this
11  subsection if the amount of points awarded would place the
12  candidate before a veteran on the eligibility list. If
13  more than one candidate receiving experience preference
14  points is prevented from receiving all of their points due
15  to not being allowed to pass a veteran, the candidates
16  shall be placed on the list below the veteran in rank order
17  based on the totals received if all points under this
18  subsection were to be awarded. Any remaining ties on the
19  list shall be determined by lot.
20  (6) Residency preference. Applicants whose principal
21  residence is located within the fire department's
22  jurisdiction may be preferred for appointment to and
23  employment with the fire department.
24  (7) Additional preferences. Up to 5 additional
25  preference points may be awarded for unique categories
26  based on an applicant's experience or background as

 

 

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1  identified by the commission.
2  (7.5) Apprentice preferences. A person who has
3  performed fire suppression service for a department as a
4  firefighter apprentice and otherwise meets the
5  qualifications for original appointment as a firefighter
6  specified in this Section is eligible to be awarded up to
7  20 preference points. To qualify for preference points, an
8  applicant shall have completed a minimum of 600 hours of
9  fire suppression work on a regular shift for the affected
10  fire department over a 12-month period. The fire
11  suppression work must be in accordance with Section 16.06
12  of this Act and the terms established by a Joint
13  Apprenticeship Committee included in a collective
14  bargaining agreement agreed between the employer and its
15  certified bargaining agent. An eligible applicant must
16  apply to the Joint Apprenticeship Committee for preference
17  points under this item. The Joint Apprenticeship Committee
18  shall evaluate the merit of the applicant's performance,
19  determine the preference points to be awarded, and certify
20  the amount of points awarded to the commissioners. The
21  commissioners may add the certified preference points to
22  the final grades achieved by the applicant on the other
23  components of the examination.
24  (8) Scoring of preferences. The commission shall give
25  preference for original appointment to persons designated
26  in item (1) by adding to the final grade that they receive

 

 

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1  5 points for the recognized preference achieved. The
2  commission may give preference for original appointment to
3  persons designated in item (7.5) by adding to the final
4  grade the amount of points designated by the Joint
5  Apprenticeship Committee as defined in item (7.5). The
6  commission shall determine the number of preference points
7  for each category, except (1) and (7.5). The number of
8  preference points for each category shall range from 0 to
9  5, except item (7.5). In determining the number of
10  preference points, the commission shall prescribe that if
11  a candidate earns the maximum number of preference points
12  in all categories except item (7.5), that number may not
13  be less than 10 nor more than 30. The commission shall give
14  preference for original appointment to persons designated
15  in items (2) through (7) by adding the requisite number of
16  points to the final grade for each recognized preference
17  achieved. The numerical result thus attained shall be
18  applied by the commission in determining the final
19  eligibility list and appointment from the eligibility
20  list. The local appointing authority may prescribe the
21  total number of preference points awarded under this
22  Section, but the total number of preference points, except
23  item (7.5), shall not be less than 10 points or more than
24  30 points. Apprentice preference points may be added in
25  addition to other preference points awarded by the
26  commission.

 

 

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1  No person entitled to any preference shall be required to
2  claim the credit before any examination held under the
3  provisions of this Section, but the preference shall be given
4  after the posting or publication of the initial eligibility
5  list or register at the request of a person entitled to a
6  credit before any certification or appointments are made from
7  the eligibility register, upon the furnishing of verifiable
8  evidence and proof of qualifying preference credit. Candidates
9  who are eligible for preference credit shall make a claim in
10  writing within 10 days after the posting of the initial
11  eligibility list, or the claim shall be deemed waived. Final
12  eligibility registers shall be established after the awarding
13  of verified preference points. However, apprentice preference
14  credit earned subsequent to the establishment of the final
15  eligibility register may be applied to the applicant's score
16  upon certification by the Joint Apprenticeship Committee to
17  the commission and the rank order of candidates on the final
18  eligibility register shall be adjusted accordingly. All
19  employment shall be subject to the commission's initial hire
20  background review, including, but not limited to, criminal
21  history, employment history, moral character, oral
22  examination, and medical and psychological examinations, all
23  on a pass-fail basis. The medical and psychological
24  examinations must be conducted last, and may only be performed
25  after a conditional offer of employment has been extended.
26  Any person placed on an eligibility list who exceeds the

 

 

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1  age requirement before being appointed to a fire department
2  shall remain eligible for appointment until the list is
3  abolished, or his or her name has been on the list for a period
4  of 2 years. No person who has attained the age of 35 years
5  shall be inducted into a fire department, except as otherwise
6  provided in this Section.
7  The commission shall strike off the names of candidates
8  for original appointment after the names have been on the list
9  for more than 2 years.
10  (i) Moral character. No person shall be appointed to a
11  fire department unless he or she is a person of good character;
12  not a habitual drunkard, a gambler, or a person who has been
13  convicted of a felony or a crime involving moral turpitude.
14  However, no person shall be disqualified from appointment to
15  the fire department because of the person's record of
16  misdemeanor convictions except those under Sections 11-6,
17  11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
18  12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
19  31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs
20  (1), (6), and (8) of subsection (a) of Section 24-1 of the
21  Criminal Code of 1961 or the Criminal Code of 2012, or arrest
22  for any cause without conviction thereon. Any such person who
23  is in the department may be removed on charges brought for
24  violating this subsection and after a trial as hereinafter
25  provided.
26  A classifiable set of the fingerprints of every person who

 

 

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1  is offered employment as a certificated member of an affected
2  fire department whether with or without compensation, shall be
3  furnished to the Illinois State Police and to the Federal
4  Bureau of Investigation by the commission.
5  Whenever a commission is authorized or required by law to
6  consider some aspect of criminal history record information
7  for the purpose of carrying out its statutory powers and
8  responsibilities, then, upon request and payment of fees in
9  conformance with the requirements of Section 2605-400 of the
10  Illinois State Police Law of the Civil Administrative Code of
11  Illinois, the Illinois State Police is authorized to furnish,
12  pursuant to positive identification, the information contained
13  in State files as is necessary to fulfill the request.
14  (j) Temporary appointments. In order to prevent a stoppage
15  of public business, to meet extraordinary exigencies, or to
16  prevent material impairment of the fire department, the
17  commission may make temporary appointments, to remain in force
18  only until regular appointments are made under the provisions
19  of this Section, but never to exceed 60 days. No temporary
20  appointment of any one person shall be made more than twice in
21  any calendar year.
22  (k) A person who knowingly divulges or receives test
23  questions or answers before a written examination, or
24  otherwise knowingly violates or subverts any requirement of
25  this Section, commits a violation of this Section and may be
26  subject to charges for official misconduct.

 

 

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