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| Public Act 102-0188
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| HB0809 Enrolled | LRB102 10592 AWJ 15921 b |
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AN ACT concerning local government.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Illinois Municipal Code is amended by |
changing Sections 10-1-7.2 and 10-2.1-6.4 as follows:
|
(65 ILCS 5/10-1-7.2) |
Sec. 10-1-7.2. Alternative procedure; original |
appointment; full-time firefighter. |
(a) Authority. The Joint Labor and Management Committee |
(JLMC), as defined in Section 50 of the Fire Department |
Promotion Act, may establish a community outreach program to |
market the profession of firefighter and firefighter-paramedic |
so as to ensure the pool of applicants recruited is of broad |
diversity and the highest quality. Nothing in this Section |
requires that the Joint Labor and Management Committee |
establish or operate the community outreach program or master |
register of eligibles, or to contract with a testing agency to |
establish or operate such program or register, unless the |
Joint Labor and Management Committee chooses to do so. |
For the purposes of this Section, "firefighter" means any |
person who has been prior to, on, or after the effective date |
of this amendatory Act of the 97th General Assembly appointed |
to a fire department or fire protection district or employed |
|
by a State university and sworn or commissioned to perform |
firefighter duties or paramedic duties, or both, except that |
the following persons are not included: part-time |
firefighters; auxiliary, reserve, or voluntary firefighters, |
including paid-on-call firefighters; clerks and dispatchers or |
other civilian employees of a fire department or fire |
protection district who are not routinely expected to perform |
firefighter duties; and elected officials. |
(b) Eligibility. Persons eligible for placement on the |
master register of eligibles shall consist of the following: |
Persons who have participated in and received a |
passing total score on the mental aptitude, physical |
ability, and preference components of a regionally |
administered test based on the standards described in this |
Section. The standards for administering these tests and |
the minimum passing score required for placement on this |
list shall be as is set forth in this Section. |
Qualified candidates shall be listed on the master |
register of eligibles in highest to lowest rank order |
based upon their test scores without regard to their date |
of examination. Candidates listed on the master register |
of eligibles shall be eligible for appointment for 2 years |
after the date of the certification of their final score |
on the register without regard to the date of their |
examination. After 2 years, the candidate's name shall be |
struck from the list. |
|
Any person currently employed as a full-time member of |
a fire department or any person who has experienced a |
non-voluntary (and non-disciplinary) separation from the |
active workforce due to a reduction in the number of |
departmental officers, who was appointed pursuant to this |
Division, Division 2.1 of Article 10 of the Illinois |
Municipal Code, or the Fire Protection District Act, and |
who during the previous 24 months participated in and |
received a passing score on the physical ability and |
mental aptitude components of the test may request that |
his or her name be added to the master register. Any |
eligible person may be offered employment by a local |
commission under the same procedures as provided by this |
Section except that the apprenticeship period may be |
waived and the applicant may be immediately issued a |
certificate of original appointment by the local |
commission. |
(c) Qualifications for placement on register of eligibles. |
The purpose for establishing a master register of eligibles |
shall be to identify applicants who possess and demonstrate |
the mental aptitude and physical ability to perform the duties |
required of members of the fire department in order to provide |
the highest quality of service to the public. To this end, all |
applicants for original appointment to an affected fire |
department through examination conducted by the Joint Labor |
and Management Committee (JLMC) shall be subject to |
|
examination and testing which shall be public, competitive, |
and open to all applicants. Any examination and testing |
procedure utilized under subsection (e) of this Section shall |
be supported by appropriate validation evidence and shall |
comply with all applicable state and federal laws. Any |
subjective component of the testing must be administered by |
certified assessors. All qualifying and disqualifying factors |
applicable to examination processes for local commissions in |
this amendatory Act of the 97th General Assembly shall be |
applicable to persons participating in Joint Labor and |
Management Committee examinations unless specifically provided |
otherwise in this Section. |
Notice of the time, place, general scope, and fee of every |
JLMC examination shall be given by the JLMC or designated |
testing agency, as applicable, by publication at least 30 days |
preceding the examination, in one or more newspapers published |
in the region, or if no newspaper is published therein, then in |
one or more newspapers with a general circulation within the |
region. The JLMC may publish the notice on the JLMC's Internet |
website. Additional notice of the examination may be given as |
the JLMC shall prescribe. |
(d) Examination and testing components for placement on |
register of eligibles. The examination and qualifying |
standards for placement on the master register of eligibles |
and employment shall be based on the following components: |
mental aptitude, physical ability, preferences, moral |
|
character, and health. The mental aptitude, physical ability, |
and preference components shall determine an applicant's |
qualification for and placement on the master register of |
eligibles. The consideration of an applicant's general moral |
character and health shall be administered on a pass-fail |
basis after a conditional offer of employment is made by a |
local commission. |
(e) Mental aptitude. Examination of an applicant's mental |
aptitude shall be based upon written examination and an |
applicant's prior experience demonstrating an aptitude for and |
commitment to service as a member of a fire department. |
Written examinations shall be practical in character and |
relate to those matters that fairly test the capacity of the |
persons examined to discharge the duties performed by members |
of a fire department. Written examinations shall be |
administered in a manner that ensures the security and |
accuracy of the scores achieved. Any subjective component of |
the testing must be administered by certified assessors. No |
person who does not possess a high school diploma or an |
equivalent high school education shall be placed on a register |
of eligibles. Local commissions may establish educational, |
emergency medical service licensure, and other pre-requisites |
for hire within their jurisdiction. |
(f) Physical ability. All candidates shall be required to |
undergo an examination of their physical ability to perform |
the essential functions included in the duties they may be |
|
called upon to perform as a member of a fire department. For |
the purposes of this Section, essential functions of the job |
are functions associated with duties that a firefighter may be |
called upon to perform in response to emergency calls. The |
frequency of the occurrence of those duties as part of the fire |
department's regular routine shall not be a controlling factor |
in the design of examination criteria or evolutions selected |
for testing. These physical examinations shall be open, |
competitive, and based on industry standards designed to test |
each applicant's physical abilities in each of the following |
dimensions: |
(1) Muscular strength to perform tasks and evolutions |
that may be required in the performance of duties |
including grip strength, leg strength, and arm strength. |
Tests shall be conducted under anaerobic as well as |
aerobic conditions to test both the candidate's speed and |
endurance in performing tasks and evolutions. Tasks tested |
are to be based on industry standards developed by the |
JLMC by rule. |
(2) The ability to climb ladders, operate from |
heights, walk or crawl in the dark along narrow and uneven |
surfaces, and operate in proximity to hazardous |
environments. |
(3) The ability to carry out critical, time-sensitive, |
and complex problem solving during physical exertion in |
stressful and hazardous environments. The testing |
|
environment may be hot and dark with tightly enclosed |
spaces, flashing lights, sirens, and other distractions. |
The tests utilized to measure each applicant's
|
capabilities in each of these dimensions may be tests based on
|
industry standards currently in use or equivalent tests |
approved by the Joint Labor-Management Committee of the Office |
of the State Fire Marshal. |
(g) Scoring of examination components. The examination |
components shall be graded on a 100-point scale. A person's |
position on the master register of eligibles shall be |
determined by the person's score on the written examination, |
the person successfully passing the physical ability |
component, and the addition of any applicable preference |
points. |
Applicants who have achieved at least the minimum score on |
the written examination, as set by the JLMC, and who |
successfully pass the physical ability examination shall be |
placed on the initial eligibility register. Minimum scores |
should be set by the JLMC so as to demonstrate a candidate's |
ability to perform the essential functions of the job. The |
minimum score set by the JLMC shall be
supported by |
appropriate validation evidence and shall comply with all |
applicable State and federal laws. Applicable preference |
points shall be added to the written examination scores for |
all applicants who qualify for the initial eligibility |
register. Applicants who score at or above the minimum passing |
|
score as set by the JLMC, including any applicable preference |
points, shall be placed on the master register of eligibles by |
the JLMC. |
These persons shall take rank upon the register as |
candidates in the order of their relative excellence based on |
the highest to the lowest total points scored on the mental |
aptitude and physical ability components, plus any applicable |
preference points requested and verified by the JLMC, or |
approved testing agency. |
No more than 60 days after each examination, a revised |
master register of eligibles shall be posted by the JLMC |
showing the final grades of the candidates without reference |
to priority of time of examination. |
(h) Preferences. The board shall give military, education, |
and experience preference points to those who qualify for |
placement on the master register of eligibles, on the same |
basis as provided for examinations administered by a local |
commission. |
No person entitled to preference or credit shall be |
required to claim the credit before any examination held under |
the provisions of this Section. The preference shall be given |
after the posting or publication of the applicant's initial |
score at the request of the person before finalizing the |
scores from all applicants taking part in a JLMC examination. |
Candidates who are eligible for preference credit shall make a |
claim in writing within 10 days after the posting of the |
|
initial scores from any JLMC test or the claim shall be deemed |
waived. Once preference points are awarded, the candidates |
shall be certified to the master register in accordance with |
their final score including preference points. |
(i) Firefighter apprentice and firefighter-paramedic |
apprentice. The employment of an applicant to an apprentice |
position (including a currently employed full-time member of a |
fire department whose apprenticeship may be reduced or waived) |
shall be subject to the applicant passing the moral character |
standards and health examinations of the local commission. In |
addition, a local commission may require as a condition of |
employment that the applicant demonstrate current physical |
ability by either passing the local commission's approved |
physical ability examination, or by presenting proof of |
participating in and receiving a passing score on the physical |
ability component of a JLMC test within a period of up to 12 |
months before the date of the conditional offer of employment. |
Applicants shall be subject to the local commission's initial |
hire background review including criminal history, employment |
history, moral character, oral examination, and medical |
examinations which may include polygraph, psychological, and |
drug screening components, all on a pass-fail basis. The |
medical examinations must be conducted last, and may only be |
performed after a conditional offer of employment has been |
extended. |
(j) Selection from list. Any municipality or fire |
|
protection district that is a party to an intergovernmental |
agreement under the terms of which persons have been tested |
for placement on the master register of eligibles shall be |
entitled to offer employment to any person on the list |
irrespective of their ranking on the list. The offer of |
employment shall be to the position of firefighter apprentice |
or firefighter-paramedic apprentice. |
Applicants passing these tests may be employed as a |
firefighter apprentice or a firefighter-paramedic apprentice |
who shall serve an apprenticeship period of 12 months or less |
according to the terms and conditions of employment as the |
employing municipality or district offers, or as provided for |
under the terms of any collective bargaining agreement then in |
effect. The apprenticeship period is separate from the |
probationary period. |
Service during the apprenticeship period shall be on a |
probationary basis. During the apprenticeship period, the |
apprentice's training and performance shall be monitored and |
evaluated by a Joint Apprenticeship Committee. |
The Joint Apprenticeship Committee shall consist of 4 |
members who shall be regular members of the fire department |
with at least 10 years of full-time work experience as a |
firefighter or firefighter-paramedic. The fire chief and the |
president of the exclusive bargaining representative |
recognized by the employer shall each appoint 2 members to the |
Joint Apprenticeship Committee. In the absence of an exclusive |
|
collective bargaining representative, the chief shall appoint |
the remaining 2 members who shall be from the ranks of company |
officer and firefighter with at least 10 years of work |
experience as a firefighter or firefighter-paramedic. In the |
absence of a sufficient number of qualified firefighters, the |
Joint Apprenticeship Committee members shall have the amount |
of experience and the type of qualifications as is reasonable |
given the circumstances of the fire department. In the absence |
of a full-time member in a rank between chief and the highest |
rank in a bargaining unit, the Joint Apprenticeship Committee |
shall be reduced to 2 members, one to be appointed by the chief |
and one by the union president, if any. If there is no |
exclusive bargaining representative, the chief shall appoint |
the second member of the Joint Apprenticeship Committee from |
among qualified members in the ranks of company officer and |
below. Before the conclusion of the apprenticeship period, the |
Joint Apprenticeship Committee shall meet to consider the |
apprentice's progress and performance and vote to retain the |
apprentice as a member of the fire department or to terminate |
the apprenticeship. If 3 of the 4 members of the Joint |
Apprenticeship Committee affirmatively vote to retain the |
apprentice (if a 2 member Joint Apprenticeship Committee |
exists, then both members must affirmatively vote to retain |
the apprentice), the local commission shall issue the |
apprentice a certificate of original appointment to the fire |
department. |
|
(k) A person who knowingly divulges or receives test |
questions or answers before a written examination, or |
otherwise knowingly violates or subverts any requirement of |
this Section, commits a violation of this Section and may be |
subject to charges for official misconduct. |
A person who is the knowing recipient of test information |
in advance of the examination shall be disqualified from the |
examination or discharged from the position to which he or she |
was appointed, as applicable, and otherwise subjected to |
disciplinary actions. |
(l) Applicability. This Section does not apply to a |
municipality with more than 1,000,000 inhabitants.
|
(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; |
98-760, eff. 7-16-14.)
|
(65 ILCS 5/10-2.1-6.4) |
Sec. 10-2.1-6.4. Alternative procedure; original |
appointment; full-time firefighter. |
(a) Authority. The Joint Labor and Management Committee |
(JLMC), as defined in Section 50 of the Fire Department |
Promotion Act, may establish a community outreach program to |
market the profession of firefighter and firefighter-paramedic |
so as to ensure the pool of applicants recruited is of broad |
diversity and the highest quality. Nothing in this Section |
requires that the Joint Labor and Management Committee |
establish or operate the community outreach program or master |
|
register of eligibles, or to contract with a testing agency to |
establish or operate such program or register, unless the |
Joint Labor and Management Committee chooses to do so. |
For the purposes of this Section, "firefighter" means any |
person who has been prior to, on, or after the effective date |
of this amendatory Act of the 97th General Assembly appointed |
to a fire department or fire protection district or employed |
by a State university and sworn or commissioned to perform |
firefighter duties or paramedic duties, or both, except that |
the following persons are not included: part-time |
firefighters; auxiliary, reserve, or voluntary firefighters, |
including paid-on-call firefighters; clerks and dispatchers or |
other civilian employees of a fire department or fire |
protection district who are not routinely expected to perform |
firefighter duties; and elected officials. |
(b) Eligibility. Persons eligible for placement on the |
master register of eligibles shall consist of the following: |
Persons who have participated in and received a |
passing total score on the mental aptitude, physical |
ability, and preference components of a regionally |
administered test based on the standards described in this |
Section. The standards for administering these tests and |
the minimum passing score required for placement on this |
list shall be as is set forth in this Section. |
Qualified candidates shall be listed on the master |
register of eligibles in highest to lowest rank order |
|
based upon their test scores without regard to their date |
of examination. Candidates listed on the master register |
of eligibles shall be eligible for appointment for 2 years |
after the date of the certification of their final score |
on the register without regard to the date of their |
examination. After 2 years, the candidate's name shall be |
struck from the list. |
Any person currently employed as a full-time member of |
a fire department or any person who has experienced a |
non-voluntary (and non-disciplinary) separation from the |
active workforce due to a reduction in the number of |
departmental officers, who was appointed pursuant to |
Division 1 of Article 10 of the Illinois Municipal Code, |
Division 2.1 of Article 10 of the Illinois Municipal Code, |
or the Fire Protection District Act, and who during the |
previous 24 months participated in and received a passing |
score on the physical ability and mental aptitude |
components of the test may request that his or her name be |
added to the master register. Any eligible person may be |
offered employment by a local commission under the same |
procedures as provided by this Section except that the |
apprenticeship period may be waived and the applicant may |
be immediately issued a certificate of original |
appointment by the local commission. |
(c) Qualifications for placement on register of eligibles. |
The purpose for establishing a master register of eligibles |
|
shall be to identify applicants who possess and demonstrate |
the mental aptitude and physical ability to perform the duties |
required of members of the fire department in order to provide |
the highest quality of service to the public. To this end, all |
applicants for original appointment to an affected fire |
department through examination conducted by the Joint Labor |
and Management Committee (JLMC) shall be subject to |
examination and testing which shall be public, competitive, |
and open to all applicants. Any examination and testing |
procedure utilized under subsection (e) of this Section shall |
be supported by appropriate validation evidence and shall |
comply with all applicable state and federal laws. Any |
subjective component of the testing must be administered by |
certified assessors. All qualifying and disqualifying factors |
applicable to examination processes for local commissions in |
this amendatory Act of the 97th General Assembly shall be |
applicable to persons participating in Joint Labor and |
Management Committee examinations unless specifically provided |
otherwise in this Section. |
Notice of the time, place, general scope, and fee of every |
JLMC examination shall be given by the JLMC or designated |
testing agency, as applicable, by a publication at least 30 |
days preceding the examination, in one or more newspapers |
published in the region, or if no newspaper is published |
therein, then in one or more newspapers with a general |
circulation within the region. The JLMC may publish the notice |
|
on the JLMC's Internet website. Additional notice of the |
examination may be given as the JLMC shall prescribe. |
(d) Examination and testing components for placement on |
register of eligibles. The examination and qualifying |
standards for placement on the master register of eligibles |
and employment shall be based on the following components: |
mental aptitude, physical ability, preferences, moral |
character, and health. The mental aptitude, physical ability, |
and preference components shall determine an applicant's |
qualification for and placement on the master register of |
eligibles. The consideration of an applicant's general moral |
character and health shall be administered on a pass-fail |
basis after a conditional offer of employment is made by a |
local commission. |
(e) Mental aptitude. Examination of an applicant's mental |
aptitude shall be based upon written examination and an |
applicant's prior experience demonstrating an aptitude for and |
commitment to service as a member of a fire department. |
Written examinations shall be practical in character and |
relate to those matters that fairly test the capacity of the |
persons examined to discharge the duties performed by members |
of a fire department. Written examinations shall be |
administered in a manner that ensures the security and |
accuracy of the scores achieved. Any subjective component of |
the testing must be administered by certified assessors. No |
person who does not possess a high school diploma or an |
|
equivalent high school education shall be placed on a register |
of eligibles. Local commissions may establish educational, |
emergency medical service licensure, and other pre-requisites |
for hire within their jurisdiction. |
(f) Physical ability. All candidates shall be required to |
undergo an examination of their physical ability to perform |
the essential functions included in the duties they may be |
called upon to perform as a member of a fire department. For |
the purposes of this Section, essential functions of the job |
are functions associated with duties that a firefighter may be |
called upon to perform in response to emergency calls. The |
frequency of the occurrence of those duties as part of the fire |
department's regular routine shall not be a controlling factor |
in the design of examination criteria or evolutions selected |
for testing. These physical examinations shall be open, |
competitive, and based on industry standards designed to test |
each applicant's physical abilities in each of the following |
dimensions: |
(1) Muscular strength to perform tasks and evolutions |
that may be required in the performance of duties |
including grip strength, leg strength, and arm strength. |
Tests shall be conducted under anaerobic as well as |
aerobic conditions to test both the candidate's speed and |
endurance in performing tasks and evolutions. Tasks tested |
are to be based on industry standards developed by the |
JLMC by rule. |
|
(2) The ability to climb ladders, operate from |
heights, walk or crawl in the dark along narrow and uneven |
surfaces, and operate in proximity to hazardous |
environments. |
(3) The ability to carry out critical, time-sensitive, |
and complex problem solving during physical exertion in |
stressful and hazardous environments. The testing |
environment may be hot and dark with tightly enclosed |
spaces, flashing lights, sirens, and other distractions. |
The tests utilized to measure each applicant's
|
capabilities in each of these dimensions may be tests based on
|
industry standards currently in use or equivalent tests |
approved by the Joint Labor-Management Committee of the Office |
of the State Fire Marshal. |
(g) Scoring of examination components. The examination |
components shall be graded on a 100-point scale. A person's |
position on the master register of eligibles shall be |
determined by the person's score on the written examination, |
the person successfully passing the physical ability |
component, and the addition of any applicable preference |
points. |
Applicants who have achieved at least the minimum score as |
set by the JLMC, and who successfully pass the physical |
ability examination shall be placed on the initial eligibility |
register. Minimum scores should be set by the commission so as |
to demonstrate a candidate's ability to perform the essential |
|
functions of the job. The minimum score set by the commission |
shall be supported by appropriate validation evidence and |
shall comply with all applicable State and federal laws. |
Applicable preference points shall be added to the written |
examination scores for all applicants who qualify for the |
initial eligibility register. Applicants who score at or above |
the minimum passing score as set by the JLMC, including any |
applicable preference points, shall be placed on the master |
register of eligibles by the JLMC. |
These persons shall take rank upon the register as |
candidates in the order of their relative excellence based on |
the highest to the lowest total points scored on the mental |
aptitude and physical ability components, plus any applicable |
preference points requested and verified by the JLMC, or |
approved testing agency. |
No more than 60 days after each examination, a revised |
master register of eligibles shall be posted by the JLMC |
showing the final grades of the candidates without reference |
to priority of time of examination. |
(h) Preferences. The board shall give military, education, |
and experience preference points to those who qualify for |
placement on the master register of eligibles, on the same |
basis as provided for examinations administered by a local |
commission. |
No person entitled to preference or credit shall be |
required to claim the credit before any examination held under |
|
the provisions of this Section. The preference shall be given |
after the posting or publication of the applicant's initial |
score at the request of the person before finalizing the |
scores from all applicants taking part in a JLMC examination. |
Candidates who are eligible for preference credit shall make a |
claim in writing within 10 days after the posting of the |
initial scores from any JLMC test or the claim shall be deemed |
waived. Once preference points are awarded, the candidates |
shall be certified to the master register in accordance with |
their final score including preference points. |
(i) Firefighter apprentice and firefighter-paramedic |
apprentice. The employment of an applicant to an apprentice |
position (including a currently employed full-time member of a |
fire department whose apprenticeship may be reduced or waived) |
shall be subject to the applicant passing the moral character |
standards and health examinations of the local commission. In |
addition, a local commission may require as a condition of |
employment that the applicant demonstrate current physical |
ability by either passing the local commission's approved |
physical ability examination, or by presenting proof of |
participating in and receiving a passing score on the physical |
ability component of a JLMC test within a period of up to 12 |
months before the date of the conditional offer of employment. |
Applicants shall be subject to the local commission's initial |
hire background review including criminal history, employment |
history, moral character, oral examination, and medical |
|
examinations which may include polygraph, psychological, and |
drug screening components, all on a pass-fail basis. The |
medical examinations must be conducted last, and may only be |
performed after a conditional offer of employment has been |
extended. |
(j) Selection from list. Any municipality or fire |
protection district that is a party to an intergovernmental |
agreement under the terms of which persons have been tested |
for placement on the master register of eligibles shall be |
entitled to offer employment to any person on the list |
irrespective of their ranking on the list. The offer of |
employment shall be to the position of firefighter apprentice |
or firefighter-paramedic apprentice. |
Applicants passing these tests may be employed as a |
firefighter apprentice or a firefighter-paramedic apprentice |
who shall serve an apprenticeship period of 12 months or less |
according to the terms and conditions of employment as the |
employing municipality or district offers, or as provided for |
under the terms of any collective bargaining agreement then in |
effect. The apprenticeship period is separate from the |
probationary period. |
Service during the apprenticeship period shall be on a |
probationary basis. During the apprenticeship period, the |
apprentice's training and performance shall be monitored and |
evaluated by a Joint Apprenticeship Committee. |
The Joint Apprenticeship Committee shall consist of 4 |
|
members who shall be regular members of the fire department |
with at least 10 years of full-time work experience as a |
firefighter or firefighter-paramedic. The fire chief and the |
president of the exclusive bargaining representative |
recognized by the employer shall each appoint 2 members to the |
Joint Apprenticeship Committee. In the absence of an exclusive |
collective bargaining representative, the chief shall appoint |
the remaining 2 members who shall be from the ranks of company |
officer and firefighter with at least 10 years of work |
experience as a firefighter or firefighter-paramedic. In the |
absence of a sufficient number of qualified firefighters, the |
Joint Apprenticeship Committee members shall have the amount |
of experience and the type of qualifications as is reasonable |
given the circumstances of the fire department. In the absence |
of a full-time member in a rank between chief and the highest |
rank in a bargaining unit, the Joint Apprenticeship Committee |
shall be reduced to 2 members, one to be appointed by the chief |
and one by the union president, if any. If there is no |
exclusive bargaining representative, the chief shall appoint |
the second member of the Joint Apprenticeship Committee from |
among qualified members in the ranks of company officer and |
below. Before the conclusion of the apprenticeship period, the |
Joint Apprenticeship Committee shall meet to consider the |
apprentice's progress and performance and vote to retain the |
apprentice as a member of the fire department or to terminate |
the apprenticeship. If 3 of the 4 members of the Joint |
|
Apprenticeship Committee affirmatively vote to retain the |
apprentice (if a 2 member Joint Apprenticeship Committee |
exists, then both members must affirmatively vote to retain |
the apprentice), the local commission shall issue the |
apprentice a certificate of original appointment to the fire |
department. |
(k) A person who knowingly divulges or receives test |
questions or answers before a written examination, or |
otherwise knowingly violates or subverts any requirement of |
this Section, commits a violation of this Section and may be |
subject to charges for official misconduct. |
A person who is the knowing recipient of test information |
in advance of the examination shall be disqualified from the |
examination or discharged from the position to which he or she |
was appointed, as applicable, and otherwise subjected to |
disciplinary actions. |
(l) Applicability. This Section does not apply to a |
municipality with more than 1,000,000 inhabitants.
|
(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; |
98-760, eff. 7-16-14.)
|
Section 10. The Fire Protection District Act is amended by |
changing Section 16.06c as follows:
|
(70 ILCS 705/16.06c) |
Sec. 16.06c. Alternative procedure; original appointment; |
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full-time firefighter. |
(a) Authority. The Joint Labor and Management Committee |
(JLMC), as defined in Section 50 of the Fire Department |
Promotion Act, may establish a community outreach program to |
market the profession of firefighter and firefighter-paramedic |
so as to ensure the pool of applicants recruited is of broad |
diversity and the highest quality. Nothing in this Section |
requires that the Joint Labor and Management Committee |
establish or operate the community outreach program or master |
register of eligibles, or to contract with a testing agency to |
establish or operate such program or register, unless the |
Joint Labor and Management Committee chooses to do so. |
For the purposes of this Section, "firefighter" means any |
person who has been prior to, on, or after the effective date |
of this amendatory Act of the 97th General Assembly appointed |
to a fire department or fire protection district or employed |
by a State university and sworn or commissioned to perform |
firefighter duties or paramedic duties, or both, except that |
the following persons are not included: part-time |
firefighters; auxiliary, reserve, or voluntary firefighters, |
including paid-on-call firefighters; clerks and dispatchers or |
other civilian employees of a fire department or fire |
protection district who are not routinely expected to perform |
firefighter duties; and elected officials. |
(b) Eligibility. Persons eligible for placement on the |
master register of eligibles shall consist of the following: |
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Persons who have participated in and received a |
passing total score on the mental aptitude, physical |
ability, and preference components of a regionally |
administered test based on the standards described in this |
Section. The standards for administering these tests and |
the minimum passing score required for placement on this |
list shall be as is set forth in this Section. |
Qualified candidates shall be listed on the master |
register of eligibles in highest to lowest rank order |
based upon their test scores without regard to their date |
of examination. Candidates listed on the master register |
of eligibles shall be eligible for appointment for 2 years |
after the date of the certification of their final score |
on the register without regard to the date of their |
examination. After 2 years, the candidate's name shall be |
struck from the list. |
Any person currently employed as a full-time member of |
a fire department or any person who has experienced a |
non-voluntary (and non-disciplinary) separation from the |
active workforce due to a reduction in the number of |
departmental officers, who was appointed pursuant to |
Division 1 of Article 10 of the Illinois Municipal Code, |
Division 2.1 of Article 10 of the Illinois Municipal Code, |
or the Fire Protection District Act, and who during the |
previous 24 months participated in and received a passing |
score on the physical ability and mental aptitude |
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components of the test may request that his or her name be |
added to the master register. Any eligible person may be |
offered employment by a local commission under the same |
procedures as provided by this Section except that the |
apprenticeship period may be waived and the applicant may |
be immediately issued a certificate of original |
appointment by the local commission. |
(c) Qualifications for placement on register of eligibles. |
The purpose for establishing a master register of eligibles |
shall be to identify applicants who possess and demonstrate |
the mental aptitude and physical ability to perform the duties |
required of members of the fire department in order to provide |
the highest quality of service to the public. To this end, all |
applicants for original appointment to an affected fire |
department through examination conducted by the Joint Labor |
and Management Committee (JLMC) shall be subject to |
examination and testing which shall be public, competitive, |
and open to all applicants. Any examination and testing |
procedure utilized under subsection (e) of this Section shall |
be supported by appropriate validation evidence and shall |
comply with all applicable state and federal laws. Any |
subjective component of the testing must be administered by |
certified assessors. All qualifying and disqualifying factors |
applicable to examination processes for local commissions in |
this amendatory Act of the 97th General Assembly shall be |
applicable to persons participating in Joint Labor and |
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Management Committee examinations unless specifically provided |
otherwise in this Section. |
Notice of the time, place, general scope, and fee of every |
JLMC examination shall be given by the JLMC or designated |
testing agency, as applicable, by a publication at least 30 |
days preceding the examination, in one or more newspapers |
published in the region, or if no newspaper is published |
therein, then in one or more newspapers with a general |
circulation within the region. The JLMC may publish the notice |
on the JLMC's Internet website. Additional notice of the |
examination may be given as the JLMC shall prescribe. |
(d) Examination and testing components for placement on |
register of eligibles. The examination and qualifying |
standards for placement on the master register of eligibles |
and employment shall be based on the following components: |
mental aptitude, physical ability, preferences, moral |
character, and health. The mental aptitude, physical ability, |
and preference components shall determine an applicant's |
qualification for and placement on the master register of |
eligibles. The consideration of an applicant's general moral |
character and health shall be administered on a pass-fail |
basis after a conditional offer of employment is made by a |
local commission. |
(e) Mental aptitude. Examination of an applicant's mental |
aptitude shall be based upon written examination and an |
applicant's prior experience demonstrating an aptitude for and |
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commitment to service as a member of a fire department. |
Written examinations shall be practical in character and |
relate to those matters that fairly test the capacity of the |
persons examined to discharge the duties performed by members |
of a fire department. Written examinations shall be |
administered in a manner that ensures the security and |
accuracy of the scores achieved. Any subjective component of |
the testing must be administered by certified assessors. No |
person who does not possess a high school diploma or an |
equivalent high school education shall be placed on a register |
of eligibles. Local commissions may establish educational, |
emergency medical service licensure, and other pre-requisites |
for hire within their jurisdiction. |
(f) Physical ability. All candidates shall be required to |
undergo an examination of their physical ability to perform |
the essential functions included in the duties they may be |
called upon to perform as a member of a fire department. For |
the purposes of this Section, essential functions of the job |
are functions associated with duties that a firefighter may be |
called upon to perform in response to emergency calls. The |
frequency of the occurrence of those duties as part of the fire |
department's regular routine shall not be a controlling factor |
in the design of examination criteria or evolutions selected |
for testing. These physical examinations shall be open, |
competitive, and based on industry standards designed to test |
each applicant's physical abilities in each of the following |
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dimensions: |
(1) Muscular strength to perform tasks and evolutions |
that may be required in the performance of duties |
including grip strength, leg strength, and arm strength. |
Tests shall be conducted under anaerobic as well as |
aerobic conditions to test both the candidate's speed and |
endurance in performing tasks and evolutions. Tasks tested |
are to be based on industry standards developed by the |
JLMC by rule. |
(2) The ability to climb ladders, operate from |
heights, walk or crawl in the dark along narrow and uneven |
surfaces, and operate in proximity to hazardous |
environments. |
(3) The ability to carry out critical, time-sensitive, |
and complex problem solving during physical exertion in |
stressful and hazardous environments. The testing |
environment may be hot and dark with tightly enclosed |
spaces, flashing lights, sirens, and other distractions. |
The tests utilized to measure each applicant's
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capabilities in each of these dimensions may be tests based on
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industry standards currently in use or equivalent tests |
approved by the Joint Labor-Management Committee of the Office |
of the State Fire Marshal. |
(g) Scoring of examination components. The examination |
components shall be graded on a 100-point scale. A person's |
position on the master register of eligibles shall be |
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determined by the person's score on the written examination, |
the person successfully passing the physical ability |
component, and the addition of any applicable preference |
points. |
Applicants who have achieved at least the minimum score as |
set by the JLMC on the written examination, and who |
successfully pass the physical ability examination shall be |
placed on the initial eligibility register. Minimum
scores |
should be set by the JLMC so as to demonstrate a candidate's |
ability to perform the essential functions of the job. The |
minimum score set by the JLMC shall be supported by |
appropriate validation evidence and shall comply with all |
applicable state and federal laws. Applicable preference |
points shall be added to the written examination scores for |
all applicants who qualify for the initial eligibility |
register. Applicants who score at or above the minimum passing |
score as set by the JLMC, including any applicable preference |
points, shall be placed on the master register of eligibles by |
the JLMC. |
These persons shall take rank upon the register as |
candidates in the order of their relative excellence based on |
the highest to the lowest total points scored on the mental |
aptitude and physical ability components, plus any applicable |
preference points requested and verified by the JLMC, or |
approved testing agency. |
No more than 60 days after each examination, a revised |
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master register of eligibles shall be posted by the JLMC |
showing the final grades of the candidates without reference |
to priority of time of examination. |
(h) Preferences. The board shall give military, education, |
and experience preference points to those who qualify for |
placement on the master register of eligibles, on the same |
basis as provided for examinations administered by a local |
commission. |
No person entitled to preference or credit shall be |
required to claim the credit before any examination held under |
the provisions of this Section. The preference shall be given |
after the posting or publication of the applicant's initial |
score at the request of the person before finalizing the |
scores from all applicants taking part in a JLMC examination. |
Candidates who are eligible for preference credit shall make a |
claim in writing within 10 days after the posting of the |
initial scores from any JLMC test or the claim shall be deemed |
waived. Once preference points are awarded, the candidates |
shall be certified to the master register in accordance with |
their final score including preference points. |
(i) Firefighter apprentice and firefighter-paramedic |
apprentice. The employment of an applicant to an apprentice |
position (including a currently employed full-time member of a |
fire department whose apprenticeship may be reduced or waived) |
shall be subject to the applicant passing the moral character |
standards and health examinations of the local commission. In |
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addition, a local commission may require as a condition of |
employment that the applicant demonstrate current physical |
ability by either passing the local commission's approved |
physical ability examination, or by presenting proof of |
participating in and receiving a passing score on the physical |
ability component of a JLMC test within a period of up to 12 |
months before the date of the conditional offer of employment. |
Applicants shall be subject to the local commission's initial |
hire background review including criminal history, employment |
history, moral character, oral examination, and medical |
examinations which may include polygraph, psychological, and |
drug screening components, all on a pass-fail basis. The |
medical examinations must be conducted last, and may only be |
performed after a conditional offer of employment has been |
extended. |
(j) Selection from list. Any municipality or fire |
protection district that is a party to an intergovernmental |
agreement under the terms of which persons have been tested |
for placement on the master register of eligibles shall be |
entitled to offer employment to any person on the list |
irrespective of their ranking on the list. The offer of |
employment shall be to the position of firefighter apprentice |
or firefighter-paramedic apprentice. |
Applicants passing these tests may be employed as a |
firefighter apprentice or a firefighter-paramedic apprentice |
who shall serve an apprenticeship period of 12 months or less |
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according to the terms and conditions of employment as the |
employing municipality or district offers, or as provided for |
under the terms of any collective bargaining agreement then in |
effect. The apprenticeship period is separate from the |
probationary period. |
Service during the apprenticeship period shall be on a |
probationary basis. During the apprenticeship period, the |
apprentice's training and performance shall be monitored and |
evaluated by a Joint Apprenticeship Committee. |
The Joint Apprenticeship Committee shall consist of 4 |
members who shall be regular members of the fire department |
with at least 10 years of full-time work experience as a |
firefighter or firefighter-paramedic. The fire chief and the |
president of the exclusive bargaining representative |
recognized by the employer shall each appoint 2 members to the |
Joint Apprenticeship Committee. In the absence of an exclusive |
collective bargaining representative, the chief shall appoint |
the remaining 2 members who shall be from the ranks of company |
officer and firefighter with at least 10 years of work |
experience as a firefighter or firefighter-paramedic. In the |
absence of a sufficient number of qualified firefighters, the |
Joint Apprenticeship Committee members shall have the amount |
of experience and the type of qualifications as is reasonable |
given the circumstances of the fire department. In the absence |
of a full-time member in a rank between chief and the highest |
rank in a bargaining unit, the Joint Apprenticeship Committee |
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shall be reduced to 2 members, one to be appointed by the chief |
and one by the union president, if any. If there is no |
exclusive bargaining representative, the chief shall appoint |
the second member of the Joint Apprenticeship Committee from |
among qualified members in the ranks of company officer and |
below. Before the conclusion of the apprenticeship period, the |
Joint Apprenticeship Committee shall meet to consider the |
apprentice's progress and performance and vote to retain the |
apprentice as a member of the fire department or to terminate |
the apprenticeship. If 3 of the 4 members of the Joint |
Apprenticeship Committee affirmatively vote to retain the |
apprentice (if a 2 member Joint Apprenticeship Committee |
exists, then both members must affirmatively vote to retain |
the apprentice), the local commission shall issue the |
apprentice a certificate of original appointment to the fire |
department. |
(k) A person who knowingly divulges or receives test |
questions or answers before a written examination, or |
otherwise knowingly violates or subverts any requirement of |
this Section, commits a violation of this Section and may be |
subject to charges for official misconduct. |
A person who is the knowing recipient of test information |
in advance of the examination shall be disqualified from the |
examination or discharged from the position to which he or she |
was appointed, as applicable, and otherwise subjected to |
disciplinary actions.
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