(65 ILCS 5/Art. 10 heading)
(65 ILCS 5/Art. 10 Div. 1 heading)
(65 ILCS 5/10-1-1) (from Ch. 24, par. 10-1-1)
Sec. 10-1-1.
The mayor of each municipality which adopts this Division 1 as
hereinafter provided shall, not less than 40 nor more than 90 days after
the taking effect of this Division 1 in such municipality, appoint 3
persons, who shall constitute and be known as the civil service
commissioners of such municipality, one for 3 years, one for 2 years and
one for one year from the time of appointment and until their respective
successors are appointed and qualified. In every year thereafter the mayor
shall, in like manner, appoint one person as the successor of the
commissioner whose term shall expire in that year to serve as such
commissioner for 3 years and until his successor is appointed and
qualified. Two commissioners shall constitute a quorum. All appointments to
the commission, both original and to fill vacancies, shall be so made that
not more than 2 members shall, at the time of appointment, be members of
the same political party. The commissioners shall hold no other lucrative
office or employment under the United States, the State of Illinois, or any
municipal corporation or political division thereof. No person shall be
appointed a commissioner who has been convicted of a felony under the laws
of this State or comparable laws of any other state or the United States.
Each commissioner, before entering upon the duties of his office, shall
take the oath prescribed by the constitution of this state.
However, in any municipality having the commission form of municipal
government, the appointment of civil service commissioners shall be made by
the corporate authorities, and the corporate authorities may, by ordinance,
provide that 5 commissioners shall be so appointed, one for one year, 2 for
2 years and 2 for 3 years. The corporate authorities shall appoint, in a
like manner, the successors of the commissioners whose terms expire in that
year to serve as commissioners for 3 years and until their successors are
appointed and qualified. Three members shall constitute a quorum, and no
more than 3 of the commissioners shall be of the same political party. If
such municipality has adopted this Division 1 prior to the effective date
of this amendatory Act of 1965, and subsequently provides, by ordinance,
for 5 commissioners, 2 additional commissioners shall be so appointed, one
for 2 years and one for 3 years, and successors shall be appointed in a
like manner as commissions established after such effective date.
(Source: P.A. 87-423.)
(65 ILCS 5/10-1-2) (from Ch. 24, par. 10-1-2)
Sec. 10-1-2.
The mayor may, in his discretion, remove any commissioner for
incompetence, neglect of duty or malfeasance in office. The mayor shall
within 10 days report in writing any such removal to the corporate
authorities, with the reasons therefor. Any vacancy in the office of
commissioner shall be filled by appointment by the mayor or, if the
municipality is under the commission form of municipal government, then by
the corporate authorities.
(Source: Laws 1961, p. 3252.)
(65 ILCS 5/10-1-3) (from Ch. 24, par. 10-1-3)
Sec. 10-1-3.
The commissioners shall classify all the offices and places of
employment in such municipality with reference to the examinations
hereinafter provided for, except those offices and places excluded by
Section 10-1-17. The offices and places so classified by the commission
shall constitute the classified civil service of such municipality. No
appointments to any of such offices or places shall be made except under
and according to the rules hereinafter mentioned.
The commissioners shall also classify all positions of employment in
respect to employees whose employment is transferred to the municipality by
virtue of "An Act in relation to the exchange of certain functions,
property and personnel among cities, and park districts having coextensive
geographic areas and populations in excess of 500,000," approved July 5,
1957, as heretofore and hereafter amended, and such positions of
employment shall be included in the classified civil service of the
municipality.
(Source: Laws 1961, p. 3252.)
(65 ILCS 5/10-1-4) (from Ch. 24, par. 10-1-4)
Sec. 10-1-4.
Persons transferred from the employment of a park district by
virtue of "An Act in relation to the exchange of certain functions,
property and personnel among cities, and park districts having coextensive
geographic areas and populations in excess of 500,000," approved July 5,
1957, as heretofore and hereafter amended, shall, without examination, be
assigned to positions in the classified civil service of the municipality,
so far as may be practicable, having duties and responsibilities equivalent
to their park district employment. For the purpose of establishing the
civil service status of park policemen transferred to the municipality, any
rank above the rank of captain shall not be recognized.
As provided in said Act of 1957, the eligible registers and reemployment
registers of the park district civil service board as to positions and
persons so transferred shall remain in force and effect as eligible and
reemployment registers of the civil service commission, subject to the
authority of the commission, in its discretion, to cancel such eligible
registers, or portions thereof, as have been in force more than 2 years.
Employees so transferred shall have the same standing, grade, class or
rank which they held in the classified service of the park district from
which they were transferred. For the purpose of determining seniority in
class, grade or rank, each employee shall be credited with the time served
by him in the employment held by him on the date of such transfer.
If this Division 1 exempts from its provisions any position held by an
employee transferred under said Act of 1957, to the municipality, the
employee so transferred shall be given a position in the classified civil
service as nearly comparable in responsibilities and duties to his former
employment as it may be possible to approximate.
(Source: Laws 1961, p. 3252.)
(65 ILCS 5/10-1-5) (from Ch. 24, par. 10-1-5)
Sec. 10-1-5.
The commission shall make rules to carry out the purposes of
this Division 1, and for examinations, appointments and removals in
accordance with its provisions, and the commission may, from time to time,
make changes in the original rules.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/10-1-6) (from Ch. 24, par. 10-1-6)
Sec. 10-1-6.
All rules made as hereinabove provided and all changes therein shall
forthwith be printed for distribution by the commission. The commission
shall give notice of the places where the rules may be obtained by
publication in one or more newspapers published in such municipality and if
no newspaper is published in such municipality, then in a newspaper of
general circulation in such municipality. In each such publication shall be
specified the date, not less than 10 days subsequent to the date of such
publication, when the rules shall go into operation.
(Source: P.A. 77-867.)
(65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
Sec. 10-1-7. Examination of applicants; disqualifications.
(a) All applicants for offices or places in the classified service, except
those mentioned in Section 10-1-17, are subject to examination. The
examination shall be public, competitive, and open to all citizens of the
United States, with specified limitations as to residence, age, health, habits
and moral character.
(b) Residency requirements in effect at the time an individual enters the
fire or police service of a municipality (other than a municipality that
has more than 1,000,000 inhabitants) cannot be made more restrictive
for that individual during his or her period of service for that municipality,
or be made a condition of promotion, except for the rank or position of Fire or
Police Chief.
(c) No person with a record of misdemeanor convictions except
those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1), (6), and
(8) of subsection (a) of Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012 or arrested for any cause but
not convicted on that cause shall be disqualified from taking the examination
on grounds of habits or moral character, unless the person is attempting to
qualify for a position on the police department, in which case the conviction
or arrest may be considered as a factor in determining the person's habits or
moral character.
(d) Persons entitled to military preference under Section 10-1-16
shall not be subject to limitations specifying age unless they are
applicants for a position as a fireman or a policeman having no previous
employment status as a fireman or policeman in the regularly constituted
fire or police department of the municipality, in which case they must not
have attained their 35th birthday, except any person who has served as an
auxiliary police officer under Section 3.1-30-20 for at least 5 years and is
under 40 years of age.
(e) All employees of a municipality of less than 500,000 population (except
those who would be excluded from the classified service as provided in this
Division 1) who are holding that employment as of the date a municipality
adopts this Division 1, or as of July 17, 1959, whichever date is the later,
and who have held that employment for at least 2 years immediately before that
later date, and all firemen and policemen regardless of length of service who
were either appointed to their respective positions by the board of fire and
police commissioners under the provisions of Division 2 of this Article or who
are serving in a position (except as a temporary employee) in the fire or
police department in the municipality on the date a municipality adopts
this Division 1, or as of July 17, 1959, whichever date is the later, shall
become members of the classified civil service of the municipality
without examination.
(f) The examinations shall be practical in their character, and shall
relate to those matters that will fairly test the relative capacity of the
persons examined to discharge the duties of the positions to which they
seek to be appointed. The examinations shall include tests of physical
qualifications, health, and (when appropriate) manual skill. If an applicant
is unable to pass the physical examination solely as the result of an injury
received by the applicant as the result of the performance of an act of duty
while working as a temporary employee in the position for which he or she is
being examined, however, the physical examination shall be waived and the
applicant shall be considered to have passed the examination. No questions in
any examination shall relate to political or religious opinions or
affiliations. Results of examinations and the eligible registers prepared from
the results shall be published by the commission within 60 days after any
examinations are held.
(g) The commission shall control all examinations, and may, whenever an
examination is to take place, designate a suitable number of persons,
either in or not in the official service of the municipality, to be
examiners. The examiners shall conduct the examinations as directed by the
commission and shall make a return or report of the examinations to the
commission. If the appointed examiners are in the official service of the
municipality, the examiners shall not receive extra compensation for conducting
the examinations unless the examiners are subject to a collective bargaining agreement with
the municipality. The commission may at any time substitute any other person,
whether or not in the service of the municipality, in the place of any one
selected as an examiner. The commission members may themselves at any time act
as examiners without appointing examiners. The examiners at any examination
shall not all be members of the same political party.
(h) In municipalities of 500,000 or more population, no person who has
attained his or her 35th birthday shall be eligible to take an examination for
a position as a fireman or a policeman unless the person has had previous
employment status as a policeman or fireman in the regularly constituted police
or fire department of the municipality, except as provided in this Section.
(i) In municipalities of more than 5,000 but not more than 200,000
inhabitants, no person who has attained his or her 35th birthday shall be
eligible to take an examination for a position as a fireman or a policeman
unless the person has had previous employment status as a policeman or fireman
in the regularly constituted police or fire department of the municipality,
except as provided in this Section.
(j) In all municipalities, applicants who are 20 years of age and who have
successfully completed 2 years of law enforcement studies at an accredited
college or university may be considered for appointment to active duty with
the police department. An applicant described in this subsection (j) who is
appointed to active duty shall not have power of arrest, nor shall the
applicant be permitted to carry firearms, until he or she reaches 21 years of
age.
(k) In municipalities of more than 500,000 population, applications for
examination for and appointment to positions as firefighters or police
shall be made available at various branches of the public library of the
municipality.
(l) No municipality having a population less than 1,000,000 shall require
that any fireman appointed to the lowest rank serve a probationary employment
period of longer than one year. The limitation on periods of probationary
employment provided in Public Act 86-990 is an exclusive power and
function of the State. Pursuant to subsection (h) of Section 6 of Article VII
of the Illinois Constitution, a home rule municipality having a population less
than 1,000,000 must comply with this limitation on periods of probationary
employment, which is a denial and limitation of home rule powers.
Notwithstanding anything to the contrary in this Section, the probationary
employment period limitation may be extended for a firefighter who is required, as a condition of employment, to be a licensed paramedic, during which time the sole reason that a firefighter may be discharged without a hearing is for failing to meet the requirements for paramedic licensure.
(m) To the extent that this Section or any other Section in this Division conflicts with Section 10-1-7.1 or 10-1-7.2, then Section 10-1-7.1 or 10-1-7.2 shall control.
(Source: P.A. 102-813, eff. 5-13-22.)
(65 ILCS 5/10-1-7.1)
Sec. 10-1-7.1. Original appointments; full-time fire department.
(a) Applicability. Unless a commission elects to follow the provisions of Section 10-1-7.2, this Section shall apply to all original appointments to an affected full-time fire department. Existing registers of eligibles shall continue to be valid until their expiration dates, or up to a maximum of 2 years after August 4, 2011 (the effective date of Public Act 97-251).
Notwithstanding any statute, ordinance, rule, or other law to the contrary, all original appointments to an affected department to which this Section applies shall be administered in the manner provided for in this Section. Provisions of the Illinois Municipal Code, municipal ordinances, and rules adopted pursuant to such authority and other laws relating to initial hiring of firefighters in affected departments shall continue to apply to the extent they are compatible with this Section, but in the event of a conflict between this Section and any other law, this Section shall control.
A home rule or non-home rule municipality may not administer its fire department process for original appointments in a manner that is less stringent than this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of the powers and functions exercised by the State.
A municipality that is operating under a court order or consent decree regarding original appointments to a full-time fire department before August 4, 2011 (the effective date of Public Act 97-251) is exempt from the requirements of this Section for the duration of the court order or consent decree.
Notwithstanding any other provision of this subsection (a), this Section does not apply to a municipality with more than 1,000,000 inhabitants.
(b) Original appointments. All original appointments made to an affected fire department shall be made from a register of eligibles established in accordance with the processes established by this Section. Only persons who meet or exceed the performance standards required by this Section shall be placed on a register of eligibles for original appointment to an affected fire department.
Whenever an appointing authority authorizes action to hire a person to perform the duties of a firefighter or to hire a firefighter-paramedic to fill a position that is a new position or vacancy due to resignation, discharge, promotion, death, the granting of a disability or retirement pension, or any other cause, the appointing authority shall appoint to that position the person with the highest ranking on the final eligibility list. If the appointing authority has reason to conclude that the highest ranked person fails to meet the minimum standards for the position or if the appointing authority believes an alternate candidate would better serve the needs of the department, then the appointing authority has the right to pass over the highest ranked person and appoint either: (i) any person who has a ranking in the top 5% of the register of eligibles or (ii) any person who is among the top 5 highest ranked persons on the list of eligibles if the number of people who have a ranking in the top 5% of the register of eligibles is less than 5 people.
Any candidate may pass on an appointment once without losing his or her position on the register of eligibles. Any candidate who passes a second time may be removed from the list by the appointing authority provided that such action shall not prejudice a person's opportunities to participate in future examinations, including an examination held during the time a candidate is already on the municipality's register of eligibles.
The sole authority to issue certificates of appointment shall be vested in the Civil Service Commission. All certificates of appointment issued to any officer or member of an affected department shall be signed by the chairperson and secretary, respectively, of the commission upon appointment of such officer or member to the affected department by the commission. After being selected from the register of eligibles to fill a vacancy in the affected department, each appointee shall be presented with his or her certificate of appointment on the day on which he or she is sworn in as a classified member of the affected department. Firefighters who were not issued a certificate of appointment when originally appointed shall be provided with a certificate within 10 days after making a written request to the chairperson of the Civil Service Commission. Each person who accepts a certificate of appointment and successfully completes his or her probationary period shall be enrolled as a firefighter and as a regular member of the fire department.
For the purposes of this Section, "firefighter" means any person who has been prior to, on, or after August 4, 2011 (the effective date of Public Act 97-251) 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.
(c) Qualification for placement on register of eligibles. The purpose of establishing a register of eligibles is 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 shall be subject to examination and testing which shall be public, competitive, and open to all applicants unless the municipality shall by ordinance limit applicants to residents of the municipality, county or counties in which the municipality is located, State, or nation. 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. Municipalities may establish educational, emergency medical service licensure, and other prerequisites for participation in an examination or for hire as a firefighter. Any municipality may charge a fee to cover the costs of the application process.
Residency requirements in effect at the time an individual enters the fire service of a municipality cannot be made more restrictive for that individual during his or her period of service for that municipality, or be made a condition of promotion, except for the rank or position of fire chief and for no more than 2 positions that rank immediately below that of the chief rank which are appointed positions pursuant to the Fire Department Promotion Act.
No person who is 35 years of age or older shall be eligible to take an examination for a position as a firefighter unless the person has had previous employment status as a firefighter in the regularly constituted fire department of the municipality, except as provided in this Section. The age limitation does not apply to:
No person who is under 21 years of age shall be eligible for employment as a firefighter.
No applicant shall be examined concerning his or her political or religious opinions or affiliations. The examinations shall be conducted by the commissioners of the municipality or their designees and agents.
No municipality shall require that any firefighter appointed to the lowest rank serve a probationary employment period of longer than one year of actual active employment, which may exclude periods of training, or injury or illness leaves, including duty related leave, in excess of 30 calendar days. Notwithstanding anything to the contrary in this Section, the probationary employment period limitation may be extended for a firefighter who is required, as a condition of employment, to be a licensed paramedic, during which time the sole reason that a firefighter may be discharged without a hearing is for failing to meet the requirements for paramedic licensure.
In the event that any applicant who has been found eligible for appointment and whose name has been placed upon the final eligibility register provided for in this Division 1 has not been appointed to a firefighter position within one year after the date of his or her physical ability examination, the commission may cause a second examination to be made of that applicant's physical ability prior to his or her appointment. If, after the second examination, the physical ability of the applicant shall be found to be less than the minimum standard fixed by the rules of the commission, the applicant shall not be appointed. The applicant's name may be retained upon the register of candidates eligible for appointment and when next reached for certification and appointment that applicant may be again examined as provided in this Section, and if the physical ability of that applicant is found to be less than the minimum standard fixed by the rules of the commission, the applicant shall not be appointed, and the name of the applicant shall be removed from the register.
(d) Notice, examination, and testing components. Notice of the time, place, general scope, merit criteria for any subjective component, and fee of every examination shall be given by the commission, by a publication at least 2 weeks preceding the examination: (i) in one or more newspapers published in the municipality, or if no newspaper is published therein, then in one or more newspapers with a general circulation within the municipality, or (ii) on the municipality's Internet website. Additional notice of the examination may be given as the commission shall prescribe.
The examination and qualifying standards for employment of firefighters shall be based on: 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 final register of eligibles. The examination may also include a subjective component based on merit criteria as determined by the commission. Scores from the examination must be made available to the public.
(e) Mental aptitude. No person who does not possess at least a high school diploma or an equivalent high school education shall be placed on a register of eligibles. Examination of an applicant's mental aptitude shall be based upon a written examination. The examination 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.
(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 the following dimensions:
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.
Physical ability examinations administered under this Section shall be conducted with a reasonable number of proctors and monitors, open to the public, and subject to reasonable regulations of the commission.
(g) Scoring of examination components. Appointing authorities may create a preliminary eligibility register. A person shall be placed on the list based upon his or her passage of the written examination or the passage of the written examination and the physical ability component. Passage of the written examination means attaining the minimum score set by the commission. 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. The appointing authority may conduct the physical ability component and any subjective components subsequent to the posting of the preliminary eligibility register.
The examination components for an initial eligibility register shall be graded on a 100-point scale. A person's position on the list shall be determined by the following: (i)
the person's score on the written examination, (ii) the person
successfully passing the physical ability component, and (iii) the
person's results on any subjective component as described in
subsection (d).
In order to qualify for placement on the final eligibility register, an applicant's score on the written examination, before any applicable preference points or subjective points are applied, shall be at or above the minimum score set by the commission. The local appointing authority may prescribe the score to qualify for placement on the final eligibility register, but the score shall not be less than the minimum score set by the commission.
The commission shall prepare and keep a register of persons whose total score is not less than the minimum score for passage and who have passed the physical ability examination. 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, subjective component, and preference components of the test administered in accordance with this Section. No more than 60 days after each examination, an initial eligibility list shall be posted by the commission. The list shall include the final grades of the candidates without reference to priority of the time of examination and subject to claim for preference credit.
Commissions may conduct additional examinations, including without limitation a polygraph test, after a final eligibility register is established and before it expires with the candidates ranked by total score without regard to date of examination. No more than 60 days after each examination, an initial eligibility list shall be posted by the commission showing the final grades of the candidates without reference to priority of time of examination and subject to claim for preference credit.
(h) Preferences. The following are preferences:
No person entitled to any preference shall be required to claim the credit before any examination held under the provisions of this Section, but the preference shall be given after the posting or publication of the initial eligibility list or register at the request of a person entitled to a credit before any certification or appointments are made from the eligibility register, upon the furnishing of verifiable evidence and proof of qualifying preference credit. Candidates who are eligible for preference credit shall make a claim in writing within 10 days after the posting of the initial eligibility list, or the claim shall be deemed waived. Final eligibility registers shall be established after the awarding of verified preference points. However, apprentice preference credit earned subsequent to the establishment of the final eligibility register may be applied to the applicant's score upon certification by the Joint Apprenticeship Committee to the commission and the rank order of candidates on the final eligibility register shall be adjusted accordingly. All employment shall be subject to the commission's initial hire background review, including, but not limited to, criminal history, employment history, moral character, oral examination, and medical and psychological examinations, all on a pass-fail basis. The medical and psychological examinations must be conducted last, and may only be performed after a conditional offer of employment has been extended.
Any person placed on an eligibility list who exceeds the age requirement before being appointed to a fire department shall remain eligible for appointment until the list is abolished, or his or her name has been on the list for a period of 2 years. No person who has attained the age of 35 years shall be inducted into a fire department, except as otherwise provided in this Section.
The commission shall strike off the names of candidates for original appointment after the names have been on the list for more than 2 years.
(i) Moral character. No person shall be appointed to a fire department unless he or she is a person of good character; not a habitual drunkard, a gambler, or a person who has been convicted of a felony or a crime involving moral turpitude. However, no person shall be disqualified from appointment to the fire department because of the person's record of misdemeanor convictions except those under Sections 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs (1), (6), and (8) of subsection (a) of Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012, or arrest for any cause without conviction thereon. Any such person who is in the department may be removed on charges brought for violating this subsection and after a trial as hereinafter provided.
A classifiable set of the fingerprints of every person who is offered employment as a certificated member of an affected fire department whether with or without compensation, shall be furnished to the Illinois State Police and to the Federal Bureau of Investigation by the commission.
Whenever a commission is authorized or required by law to consider some aspect of criminal history record information for the purpose of carrying out its statutory powers and responsibilities, then, upon request and payment of fees in conformance with the requirements of Section 2605-400 of the Illinois State Police Law of the Civil Administrative Code of Illinois, the Illinois State Police is authorized to furnish, pursuant to positive identification, the information contained in State files as is necessary to fulfill the request.
(j) Temporary appointments. In order to prevent a stoppage of public business, to meet extraordinary exigencies, or to prevent material impairment of the fire department, the commission may make temporary appointments, to remain in force only until regular appointments are made under the provisions of this Division, but never to exceed 60 days. No temporary appointment of any one person shall be made more than twice in any calendar year.
(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.
(Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21; 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
(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:
(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:
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. 102-188, eff. 1-1-22.)
(65 ILCS 5/10-1-7.3)
Sec. 10-1-7.3. Appointment of fire chief. Notwithstanding any other provision in this Division, after the effective date of this amendatory Act of the 100th General Assembly, a person shall not be appointed as the chief, the acting chief, the department head, or a position, by whatever title, that is responsible for day-to-day operations of a fire department for greater than 180 days unless he or she possesses the following qualifications and certifications:
This Section applies to fire departments that employ firefighters hired under the provisions of this Division. This Section does not apply to a municipality with more than 1,000,000 inhabitants.
On and after the effective date of this amendatory Act of the 100th General Assembly, a home rule municipality may not appoint a fire chief, an acting chief, a department head, or a position, by whatever title, that is responsible for day-to-day operations of a fire department for greater than 180 days in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 100-425, eff. 8-25-17; 100-1126, eff. 1-1-19.)
(65 ILCS 5/10-1-8) (from Ch. 24, par. 10-1-8)
Sec. 10-1-8.
In the event that any applicant for an office or place in the
civil service (who has been found eligible for appointment and whose name
has been placed upon the register provided for in this Division 1) has not
been appointed to such office or place within 60 days from the date of his
examination as to physical qualifications and health, the commission shall
cause a second examination to be made of such applicant prior to his
appointment and within 60 days of such appointment, which second
examination shall be practical in character and shall relate to the
cardiac, pulmonary, arterial, renal and sane condition of the applicant.
If, upon such second examination, the physical, or mental condition of the
applicant shall be found to be less than the minimum standard fixed by the
rules of such commission, the applicant shall not be appointed. The name of
such applicant shall be retained upon the register of candidates eligible
for appointment and when again reached for certification and appointment
such applicant shall be again examined as herein provided, and if the
physical or mental condition of such applicant shall again be found to be
less than the minimum standard fixed by the rules of such commission, such
applicant shall not be appointed and the name of such applicant shall be
removed from the register.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/10-1-9) (from Ch. 24, par. 10-1-9)
Sec. 10-1-9.
Every applicant who desires to take any civil service
examination provided by this Division 1 may be required, at the time of
making application, to pay to the municipality a fee, as hereinafter
provided, to defray the expenses of such examination. If fees are
required by the municipality for the taking of such examinations they
shall be deposited in the general fund of the municipality and shall not
exceed the following:
Minimum salary of less than
Minimum salary of $1,200 or over and
Minimum salary of $2,000 or over and
Minimum salary of $3,000 or
(Source: Laws 1961, p. 3252.)
(65 ILCS 5/10-1-10) (from Ch. 24, par. 10-1-10)
Sec. 10-1-10.
The provisions of Sections 10-1-7 through 10-1-9 relating to
examinations and payment of examination fees shall be inapplicable to
employees transferred to the employment of the municipality by virtue of
"An Act in relation to an exchange of certain functions, property and
personnel among cities, and park districts having coextensive geographic
areas and populations in excess of 500,000", approved July 5, 1957, as
heretofore and hereafter amended.
(Source: Laws 1961, p. 3252.)
(65 ILCS 5/10-1-11) (from Ch. 24, par. 10-1-11)
Sec. 10-1-11.
Notice of the time and place and general scope and fee of
every examination shall be given by the commission by publication for 2
weeks preceding such examination in a newspaper of general circulation
published in such municipality, but if no newspaper is published in such
municipality, then in a newspaper of general circulation in such
municipality. Such notice shall also be posted by the commission in a
conspicuous place in its office for 2 weeks before such examination. Such
further notice of examination may be given as the commission shall
prescribe.
(Source: Laws 1961, p. 3252.)
(65 ILCS 5/10-1-12) (from Ch. 24, par. 10-1-12)
Sec. 10-1-12.
Register; eligibility list.
From the returns or reports
of the examiners, or from the examinations made by the commission, the
commission shall prepare a register for each grade or class of positions in the
classified service of such municipality of the persons whose general average
standing upon examination for such grade or class is not less than the minimum
fixed by the rules of such commission, and who are otherwise eligible. Such
persons shall take rank upon the register as candidates in the order of their
relative excellence as determined by examination, without reference to priority
of time of examination.
Within 60 days after each examination, an eligibility list shall be posted
by the Commission, which shall show the final grades of the candidates without
reference to priority of time of examination and subject to claim for military
credit. Candidates who are eligible for military credit shall make a claim
in writing within 10 days after posting of the eligibility list or such
claim shall be deemed waived. Appointment shall be subject to a final physical
examination.
If a person is placed on an eligibility list and becomes overage before he
or she is appointed to a police or fire department, the person remains eligible
for appointment until the list is abolished pursuant to authorized procedures.
Otherwise no person who has attained the age of 36 years shall be inducted as a
member of a police department and no person who has attained the age of 35
years shall be inducted as a member of a fire department, except as otherwise
provided in this division. With respect to a police department, a veteran shall be allowed to exceed the maximum age provision of this Section by the number of years served on active military duty, but by no more than 10 years of active military duty.
(Source: P.A. 96-472, eff. 8-14-09.)
(65 ILCS 5/10-1-13) (from Ch. 24, par. 10-1-13)
Sec. 10-1-13.
The commission shall, by its rules, provide for promotions in
such classified service, on the basis of ascertained merit and seniority in
service and examination and shall provide, in all cases where it is
practicable, that vacancies shall be filled by promotion. All examinations
for promotion shall be competitive among such members of the next lower
rank as desire to submit themselves to such examination and the results
thereof and the promotional eligible registers prepared therefrom shall be
published by the commission within 60 days after any examinations are held.
If two or more applicants achieve the identical final grade average, they
shall be placed on the promotional eligible register in their order of
seniority in the position from which they seek promotion. The commission
shall submit to the appointing power the names of not more than 3
applicants for each promotion having the highest rating except that a
commission in any municipality with more than 130,000 but less than 2,000,000
population may submit the names of not more than 5 applicants having the
highest rating for each promotion, but in making his
selection the appointing authority shall not pass over the person having
the highest rating on the original register more than once and shall not
pass over the person having the second highest rating in the original
register more than twice. The commission shall strike off all names of
applicants from a promotional eligible register after they have remained
thereon no less than 2 years and no more than 3 years,
provided that the commission shall notify the
appointing power before the names are stricken and such appointing power
shall fill any existing vacancies before all names are stricken from the
promotional eligible register. The method of examination and the rules
governing the same, and the method of certifying, shall be the same as
provided for applicants for original appointment.
This amendatory Act of 1971 does not apply to any municipality which is
a home rule unit.
(Source: P.A. 85-462.)
(65 ILCS 5/10-1-14) (from Ch. 24, par. 10-1-14)
Sec. 10-1-14. The head of the department or office in which a
position classified under this Division 1 is to be filled shall notify
the commission of that fact, and the commission shall certify to the
appointing officer the name and address of the candidate standing
highest upon the register for the class or grade to which the position
belongs. However, in cases of laborers where a choice by competition is
impracticable, the commission may provide by its rules that the
selections shall be made by lot from among those candidates proved fit
by examination, but laborers who have previously been in the service and
were removed because their services were no longer required, shall be
preferred, and be reinstated before other laborers are given positions,
preference being given to those who have had the longest term of
service, and laborers in the employ of the municipality on July 1, 1949,
who, as of such date, have been employed under temporary authority for 3
years or more or during parts of 3 or more calendar years, shall be
preferred also, and shall be placed upon the register for such positions
without examination and shall be certified before other laborers are
given positions, preference being given to those laborers under
temporary authority who have had the longest term of service in such
positions. In making such certification, sex shall be disregarded.
The appointing officer shall notify the commission
of each position to be filled, separately, and shall fill such place by
the appointment of the person certified to him or her by the commission
therefor. Original appointment shall be on probation for a period not to
exceed 6 months to be fixed by the rules but all time spent in attending
training schools and seminars, except on-the-job training
conducted by local Fire Department personnel, shall
be excluded in calculating the probation period; provided that in
municipalities with a population of more than 500,000 inhabitants,
original appointment to the police department shall be on probation for
a period not to exceed 9 months to be fixed by the rules of the
department. The commission may strike off names of candidates from the
register after they have remained thereon more than 2 years. At or
before the expiration of the period of probation, the head of the
department or office in which a candidate is employed may, by and with
the consent of the commission, discharge him or her upon assigning in writing
his or her reason therefor to the commission. If he or she is
not then discharged, his or her
appointment shall be deemed complete. To prevent the stoppage of public
business, or to meet extraordinary exigencies, the head of any
department or office may, with the approval of the commission, make
temporary appointment to remain in force not exceeding 120 days, and
only until regular appointments under the provisions of this Division 1
can be made. In any municipal fire department that employs full-time firefighters and is subject to a collective bargaining agreement, a person who has not qualified for regular appointment under the provisions of this Division 1 shall not be used as a temporary or permanent substitute for classified members of a municipality's fire department or for regular appointment as a classified member of a municipality's fire department unless mutually agreed to by the employee's certified bargaining agent. Such agreement shall be considered a permissive subject of bargaining. Municipal fire departments covered by the changes made by this amendatory Act of the 95th General Assembly that are using non-certificated employees as substitutes immediately prior to the effective date of this amendatory Act of the 95th General Assembly may, by mutual agreement with the certified bargaining agent, continue the existing practice or a modified practice and that agreement shall be considered a permissive subject of bargaining. A home rule unit may not regulate the hiring of temporary or substitute members of the municipality's fire department in a manner that is inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 95-490, eff. 6-1-08.)
(65 ILCS 5/10-1-15) (from Ch. 24, par. 10-1-15)
Sec. 10-1-15.
In any municipality subject to this Division 1 having a
population of 500,000 or more, all sidewalk inspectors, chief street
inspector, supervisors of payrolls and supervisors of pavement repairs who
on July 26, 1951, have served in such capacity for 2 years or more shall
have certified civil service status.
(Source: Laws 1961, p. 3252.)
(65 ILCS 5/10-1-16) (from Ch. 24, par. 10-1-16)
Sec. 10-1-16. Veteran's preference. Persons who were engaged in the active military or naval service of
the United States for a period of at least one year and who were honorably discharged
therefrom and all persons who were engaged in such military or naval
service who are now or may hereafter be on
inactive or reserve duty in such military or naval service, not including,
however, persons who were convicted by court-martial of disobedience of
orders, where such disobedience consisted in the refusal to perform
military service on the ground of alleged religious or conscientious
objections against war, shall be preferred for appointments to civil
offices, positions, and places of employment in the classified service of
any municipality coming under the provisions of this Division 1, provided
they are found to possess the business capacity necessary for the proper
discharge of the duties of such office, position, or place of employment as
determined by examination. For purposes of this Section, if a person has been deployed, then "active duty military or naval service of the United States" includes training and service school attendance, as defined in 10 U.S.C. 101(d), which is ordered pursuant to 10 U.S.C. 12301(d).
The civil service commission shall give preference points for original appointment to qualified veterans whose names appear on any register of eligibles resulting from an examination for original entrance in the classified service of any municipality coming under the provisions of this Division 1 by adding to the final grade average that they receive or will receive as the result of any examination held for original entrance, 5 points. The numerical result thus attained shall be applied by the civil service commission in determining the position of those persons on any eligibility list that has been created as the result of any examination for original entrance for purposes of preference in certification and appointment from that eligibility list. Persons who were engaged in the active military or naval service of the United States for a period of at least one year and who were honorably discharged therefrom or who are now
or who may hereafter be on inactive or reserve duty in such military or
naval service, not including, however, persons who were convicted by court
martial of disobedience of orders where such disobedience consisted in the
refusal to perform military service on the ground of alleged religious or
conscientious objections against war, and whose names appear on existing
promotional eligible registers or any promotional eligible register that
may hereafter be created, as provided for by this Division 1, shall be
preferred for promotional appointment to civil offices, positions and
places of employment in the classified civil service of any municipality
coming under the provisions of this Division 1.
The civil service commission shall give preference for promotional
appointment to persons as hereinabove designated whose names appear on
existing promotional eligible registers or promotional eligible registers
that may hereafter be created by adding to the final grade average which
they received or will receive as the result of any promotional examination
seven-tenths of one point for each 6 months or fraction
thereof of active military or naval service not exceeding 30 months. The numerical
result thus attained shall be applied by the civil service commission in
determining the position of such persons on any eligible list which has
been created or will be created as the result of any promotional
examination held hereunder for purposes of preference in certification and
appointment from such eligible list.
No person shall receive the preference for a promotional appointment
granted by this Section after he or she has received one promotion from an
eligible list on which he or she was allowed such preference.
No person entitled to preference or credit for military or naval service
hereunder shall be required to furnish evidence or record of honorable
discharge from the armed forces before the publication or posting of any
eligible register or list resulting from the examination. Such preference
shall be given after the posting or publication of any eligible list or
register resulting from such examination and before any certifications or
appointments are made from such list or register.
(Source: P.A. 96-83, eff. 1-1-10.)
(65 ILCS 5/10-1-17) (from Ch. 24, par. 10-1-17)
Sec. 10-1-17.
Officers who are elected by the people, or who are elected by
the corporate authorities pursuant to the municipal charter, or whose
appointment is subject to confirmation by the corporate authorities, judges
of election, members of any board of education, the superintendent and
teachers of schools, the employees of any welfare department, heads of any
principal department of the municipality, the chief librarian of the public
library, members of the law department, police officers above the grade of
captain, police cadets, a health officer appointed after July 1, 1953,
seasonal employees which means those persons whose employment does not
exceed 90 days in any calendar year, one deputy and one private
secretary of each of the
elected municipal officials and the municipal manager, and administrative
assistants to the mayor or municipal manager, shall not be included in such
classified service, except that the chief of the police department may be
included in the classified service if the corporate authorities so provides
by ordinance.
Any position of employment in a public library that is operated under
The Illinois Local Library Act and has an elected Board of Library
Trustees may be excluded from the classified service by a 2/3 vote of the
Board of Library Trustees.
(Source: P.A. 85-488.)
(65 ILCS 5/10-1-18) (from Ch. 24, par. 10-1-18)
Sec. 10-1-18.
(a) Except as hereinafter provided in this Section, no officer
or employee in the classified civil service of any municipality who is
appointed under the rules and after examination, may be removed or discharged,
or suspended for a period of more than 30 days, except for cause upon
written charges and after an opportunity to be heard in his own defense.
The hearing shall be as hereinafter provided, unless the employer and the
labor organization representing the person have negotiated an alternative or
supplemental form of due process based upon impartial arbitration as a term of
a collective bargaining agreement. In non-home rule units of government, such
bargaining shall be permissive rather than mandatory unless such contract term
was negotiated by the employer and the labor organization prior to or at the
time of the effective date of this amendatory Act, in which case such
bargaining shall be considered mandatory.
Such charges shall be investigated by or before the civil
service commission, or by or before some officer or board appointed by the
commission to conduct that investigation. The finding and decision of that
commission or investigating officer or board, when approved by the commission,
shall be certified to the appointing officer, and shall forthwith be enforced
by that officer. Before any officer or employee in
the classified service of any municipality may be interrogated or examined
by or before any disciplinary board, or departmental agent or investigator,
the results of which hearing, interrogation or examination may be the basis
for filing charges seeking his removal or discharge, he must be advised in
writing as to what specific improper or illegal act he is alleged to have
committed; he must be advised in writing that his admissions made in the
course of the hearing, interrogation or examination may be used as the
basis for charges seeking his removal or discharge; and he must be advised
in writing that he has the right to counsel of his own choosing present to
advise him at any hearing, interrogation or examination; and a complete
record of any hearing, interrogation or examination shall be made and a
complete transcript thereof made available to such officer or employee
without charge and without delay. Nothing in this Division 1 limits the
power of any officer to suspend a subordinate for a reasonable period, not
exceeding 30 days except that any employee or officer suspended for more
than 5 days or suspended within 6 months after a previous suspension shall
be entitled, upon request, to a hearing before the civil service commission
concerning the propriety of such suspension. In the course of an
investigation of charges, each member of the commission, and of any board
so appointed by it, and any officer so appointed, may administer oaths and
may secure by its subpoena both the attendance and testimony of witnesses,
and the production of books and papers relevant to the investigation.
Nothing in this Section shall be construed to require such charges or
investigation in cases of persons having the custody of public money for
the safe keeping of which another person has given bonds.
This subsection (a) does not apply to police or firefighters in the
classified civil service of a municipality of 500,000 or fewer inhabitants.
(b) No officer or employee of a police or fire department in the classified
civil service of any municipality having 500,000 or fewer inhabitants who is
appointed under the rules and after examination, may be removed or discharged,
or suspended for a period of more than 5 calendar days, except for cause upon
written charges and after an opportunity to be heard in his own defense.
The hearing shall be as hereinafter provided, unless the employer and the
labor organization representing the person have negotiated an alternative or
supplemental form of due process based upon impartial arbitration as a term of
a collective bargaining agreement. In non-home rule units of government, such
bargaining shall be permissive rather than mandatory unless such contract term
was negotiated by the employer and the labor organization prior to or at the
time of the effective date of this amendatory Act, in which case such
bargaining shall be considered mandatory.
Such charges shall be investigated by or before the civil service
commission, or by or before some officer or board appointed by the
commission to conduct that investigation. The finding and decision of that
commission or investigating officer or board, when approved by the
commission, shall be certified to the appointing officer, and shall
forthwith be enforced by that officer. Before any such officer or employee
of a police or fire department may be interrogated or examined
by or before any disciplinary board, or departmental agent or investigator,
the results of which hearing, interrogation or examination may be the basis
for filing charges seeking his removal or discharge, he must be advised in
writing as to what specific improper or illegal act he is alleged to have
committed; he must be advised in writing that his admissions made in the
course of the hearing, interrogation or examination may be used as the
basis for charges seeking his removal or discharge; and he must be advised
in writing that he has the right to have counsel of his own choosing present to
advise him at any hearing, interrogation or examination; and a complete
record of any hearing, interrogation or examination shall be made and a
complete transcript thereof made available to such officer or employee
without charge and without delay. Nothing in this Division 1 limits the
power of the chief officer of a police or fire department to suspend a
subordinate for a reasonable period, not exceeding 5 calendar days, provided
the civil service commission is promptly notified thereof in writing. Any
employee or officer so suspended shall be entitled, upon request, to a hearing
before the civil service commission concerning the propriety of such
suspension. Upon such hearing, the commission may sustain the action of the
chief of the department, may reverse it with instructions that the person
receive his pay for the period involved, or may suspend the person for an
additional period of not more than 30 days or discharge him, depending upon the
facts presented. In the course of an investigation of charges, each member of
the commission, and of any board so appointed by it, and any officer so
appointed, may administer oaths and may secure by its subpoena both the
attendance and testimony of witnesses, and the production of books and papers
relevant to the investigation. If the charge is based upon an allegation of the
use of unreasonable force by a police officer, the charge must be brought
within 5 years after the commission of the act upon which the charge is based.
The statute of limitations established in this Section 10-1-18(b) shall apply
only to acts of unreasonable force occurring on or after the effective date of
this amendatory Act of 1992.
(c) Whenever the corporate authorities of any municipality in which this
Division 1 is in operation, designates by ordinance or whenever any general law
of this state designates any specific age of not less than 63 years as the
maximum age for legal employment of policemen or firemen in the service of any
municipality which has adopted or shall adopt this Division 1 or designates any
minimum age for the automatic or compulsory retirement of policemen or firemen
in the service of that municipality, any such policeman or fireman to whom such
ordinance or law may refer or apply upon attaining the designated age of 63
years or upwards as set out in the ordinance or law shall forthwith and
immediately be retired from the service of that municipality in accordance with
the terms or provisions of that ordinance or law. The civil service commission
of the municipality shall discharge or retire automatically any policeman or
fireman in the classified civil service of the municipality at the time and in
the manner provided in that ordinance or law and certify the retirement or
discharge to the proper branch or department head. In the case of any such
policeman or fireman who has filed an application for appointment in the
classified civil service of the municipality, the age stated in that
application shall be conclusive evidence against that policeman or fireman of
his age, but the civil service commission (except as respects police department
officers and employees in municipalities of more than 500,000 population where
the Police Board shall exercise these powers as provided in Section 10-1-18.1)
may hear testimony and consider all evidence available in any case in which any
charge is filed against any such policeman or fireman alleging that he
understated his age in his application for appointment into the classified
civil service of the municipality.
In addition to all the other powers now granted by law, the corporate
authorities of any municipality which has adopted or shall adopt this
Division 1 may by ordinance provide an age limit of not less than 63 years
as the maximum age for the legal employment of any person employed as a
policeman or fireman under this Division 1, and may provide in that
ordinance for the automatic or compulsory retirement and discharge of the
policeman or fireman upon his attainment of the designated retirement age.
This Section does not apply to the suspension, removal or discharge of
officers and civilian employees of the police department in the classified
civil service of a municipality of more than 500,000 but that disciplinary
action may be taken by the Police Board, rather than the civil service
commission, as provided in Section 10-1-18.1.
(d) Commencing on January 1, 1993, each board or other entity
responsible for determining whether or not to file a charge shall, no later
than December 31 of each year, publish a status report on its
investigations of allegations of unreasonable force. At a minimum, the
status report shall include the following information:
These status reports shall not disclose the identity of any witness or victim, nor shall they disclose the identity of any police officer who is the subject of an allegation of unreasonable force against whom a charge has not been filed. The information underlying these status reports shall be confidential and exempt from public inspection and copying, as provided under Section 7 of the Freedom of Information Act.
(Source: P.A. 91-650, eff. 11-30-99.)
(65 ILCS 5/10-1-18.1) (from Ch. 24, par. 10-1-18.1)
Sec. 10-1-18.1.
In any municipality of more than 500,000 population, no
officer or employee of the police department in the classified civil
service of the municipality whose appointment has become complete may be
removed or discharged, or suspended for more than 30 days except for cause
upon written charges and after an opportunity to be heard in his own
defense by the Police Board. Before any such officer or employee may be
interrogated or examined by or before any disciplinary board, or
departmental agent or investigator, the results of which hearing,
interrogation or examination may be the basis for filing charges seeking
his removal or discharge, he must be advised in writing as to what specific
improper or illegal act he is alleged to have committed; he must be advised
in writing that his admissions made in the course of the hearing,
interrogation or examination may be used as the basis for charges seeking
his removal or discharge; and he must be advised in writing that he has the
right to counsel of his own choosing present to advise him at any hearing,
interrogation or examination; and a complete record of any hearing,
interrogation or examination shall be made and a complete transcript
thereof made available to such officer or employee without charge and
without delay.
Upon the filing of charges for which removal or discharge, or suspension
of more than 30 days is recommended a hearing before the Police Board shall
be held. If the charge is based upon an allegation of the use of
unreasonable force by a police officer, the charge must be brought within 5
years after the commission of the act upon which the charge is based.
The statute of limitations established in this Section 10-1-18.1 shall
apply only to acts of unreasonable force occurring on or after the
effective date of this amendatory Act of 1992.
The Police Board shall establish rules of procedure not inconsistent
with this Section respecting notice of charges and the conduct of the
hearings before the Police Board, or before any member thereof appointed by
the Police Board to hear the charges. The Police Board, or any member
thereof, is not bound by formal or technical rules of evidence, but hearsay
evidence is inadmissible. The person against whom charges have been filed
may appear before the Police Board or any member thereof, as the case may
be, with counsel of his own choice and defend himself; shall have the right
to be confronted by his accusers; may cross-examine any witness giving
evidence against him; and may by counsel present witnesses and evidence in
his own behalf.
The Police Board or any member thereof designated by it, may administer
oaths and secure by its subpoena both the attendance and testimony of
witnesses and the production of relevant books and papers. All proceedings
before the Police Board or member thereof shall be recorded. No continuance
may be granted after a hearing has begun unless all parties to the hearing
agree thereto. The findings and decision of the Police Board, when approved
by the Board, shall be certified to the superintendent and shall forthwith
be enforced by the superintendent.
A majority of the members of the Police Board must concur in the entry
of any disciplinary recommendation or action.
Nothing in this Section limits the power of the superintendent to
suspend a subordinate for a reasonable period, not exceeding 30 days.
Commencing on January 1, 1993, each board or other entity responsible
for determining whether or not to file a charge shall, no later than
December 31 of each year, publish a status report on its investigations of
allegations of unreasonable force. At a minimum, the status report shall
include the following information:
These status reports shall not disclose the identity of any witness or victim, nor shall they disclose the identity of any police officer who is the subject of an allegation of unreasonable force against whom a charge has not been filed. The information underlying these status reports shall be confidential and exempt from public inspection and copying, as provided under Section 7 of the Freedom of Information Act.
(Source: P.A. 87-1239.)
(65 ILCS 5/10-1-18.2) (from Ch. 24, par. 10-1-18.2)
Sec. 10-1-18.2.
Home rule preemption.
No municipality, including a
municipality that is a home rule unit, may regulate the period of time or
establish or enforce a statute of limitations relating to charges brought
against a police officer before a Police Board, Civil Service Commission, or
other board or officer empowered by law or ordinance to investigate police
misconduct if the charge is based upon an allegation of the use of unreasonable
force by a police officer. The statute of limitations established in Sections
10-1-18 and 10-1-18.1 for those charges are an exclusive exercise of powers and
functions by the State under paragraph (h) of Section 6 of Article VII of the
Illinois Constitution.
(Source: P.A. 87-1239.)
(65 ILCS 5/10-1-19) (from Ch. 24, par. 10-1-19)
Sec. 10-1-19.
Immediate notice in writing shall be given by the appointing
power, to the commission, of all appointments, permanent or temporary, made
in such classified civil service, and of all transfers, promotions,
resignations, or vacancies from any cause in such service, and of the date
thereof. The commission shall keep a record of all such information. When
any office or place of employment is created or abolished, or the
compensation attached thereto altered, the officer or board making such
change shall immediately report it in writing to the commission.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/10-1-20) (from Ch. 24, par. 10-1-20)
Sec. 10-1-20.
The commission shall investigate the enforcement of this
Division 1 and its rules, and the action of the examiners herein provided
for, and the conduct and action of the appointees in the classified service
in its municipality. The commission may inquire as to the nature, tenure
and compensation of all offices and places in the public service thereof.
In the course of such investigations each commissioner may administer
oaths. The commission may secure by its subpoena both the attendance and
testimony of witnesses and the production of books and papers relevant to
such investigations.
(Source: Laws 1961, p. 3252.)
(65 ILCS 5/10-1-21) (from Ch. 24, par. 10-1-21)
Sec. 10-1-21.
The commission shall, on or before January 15 of each year,
make to the mayor for transmission to the corporate authorities a report
showing the commission's own action, the rules in force, the practical
effects thereof, and any suggestions it may have for the more effectual
accomplishment of the purposes of this Division 1. The mayor may require a
report from the commission at any other time.
(Source: Laws 1961, p. 3252.)
(65 ILCS 5/10-1-22) (from Ch. 24, par. 10-1-22)
Sec. 10-1-22.
The commission shall employ a chief examiner, who shall,
under the direction of the commission, superintend any examination held in
such municipality under this Division 1. The chief examiner also shall
perform such other duties as the commission shall prescribe. The chief
examiner shall be ex-officio secretary of the commission, under the
direction of such commission. The chief examiner, as such secretary, shall
keep the minutes of its proceedings, preserve all reports made to it, keep
a record of all examinations held under its direction, and perform such
other duties as the commission shall prescribe.
(Source: Laws 1961, p. 3252.)
(65 ILCS 5/10-1-23) (from Ch. 24, par. 10-1-23)
Sec. 10-1-23.
All officers of any municipality which adopts this Division 1
shall aid the commission in all proper ways in carrying out the provisions
of this Division 1, and at any place where examinations are to be held
shall allow reasonable use of public buildings for holding such
examinations. The mayor of such municipality shall cause suitable rooms to
be provided for the commission at the expense of such municipality.
(Source: Laws 1961, p. 3252.)
(65 ILCS 5/10-1-24) (from Ch. 24, par. 10-1-24)
Sec. 10-1-24.
In any municipality having a population of 500,000
inhabitants or more, the president of the commission shall receive a salary
of $7,500 a year, each of the other members of the commission shall receive
a salary of $5,000 a year, and the chief examiner of the commission shall
receive a salary to be fixed by the corporate authorities of such
municipality. Any person not at the time in the official service of the
municipality, serving as a member of the board of examiners or of a trial
board, shall receive compensation for every day actually and necessarily
spent in the discharge of his duty as an examiner or a member of the trial
board at the rate of not exceeding $7 per day, and the commission may, in
such municipality, also incur expenses not exceeding the amount
appropriated therefor by the corporate authorities of the municipality
wherein the commission exists. In municipalities having a population of
less than 500,000 inhabitants, such commissioners and the chief examiner
shall receive an annual salary, to be fixed by the corporate authorities of
such municipalities. In any municipality having a population of less than
500,000 inhabitants, any person not at the time in the official service of
the municipality, serving as a member of the board of examiners or of a
trial board, shall receive compensation for every day actually and
necessarily spent in the discharge of his duty as an examiner or member of
the trial board at the rate per day to be fixed by the corporate
authorities of such municipality, and the commission may, in such
municipality also incur expenses not exceeding the amount appropriated
therefor by the corporate authorities wherein the commission exists.
(Source: Laws 1961, p. 3252.)
(65 ILCS 5/10-1-25) (from Ch. 24, par. 10-1-25)
Sec. 10-1-25.
A sufficient sum of money shall be appropriated each year by
each municipality which adopts this Division 1, to carry out the provisions
of this Division 1 in such municipality. In such municipalities as shall
have already made the annual appropriation for municipal purposes for the
current fiscal year, the mayor is authorized and required to pay the
salaries and expenses as herein provided for such fiscal year out of the
moneys appropriated for contingent purposes by such municipality, or out of
any moneys not otherwise appropriated.
(Source: Laws 1961, p. 3252.)
(65 ILCS 5/10-1-26) (from Ch. 24, par. 10-1-26)
Sec. 10-1-26.
No person or officer shall wilfully or corruptly by himself
or in co-operation with one or more other persons, defeat, deceive or
obstruct any person in respect to his right of examination, or corruptly or
falsely mark, grade, estimate or report upon the examination or proper
standing of any person examined hereunder or aid in so doing, or wilfully
or corruptly make any false representation concerning the same, or
concerning the person examined, or wilfully or corruptly furnish to any
person any special or secret information for the purpose of either
improving or injuring the prospects or chances of any person so examined,
or to be examined, being appointed, employed or promoted.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/10-1-27) (from Ch. 24, par. 10-1-27)
Sec. 10-1-27.
No officer or employee of any municipality which adopts this
Division 1 shall solicit, orally or by letter, or receive or pay, or be in
any manner concerned in soliciting, receiving or paying any assessment,
subscription or contribution for any party or political purpose whatever.
(Source: Laws 1961, p. 3252.)
(65 ILCS 5/10-1-27.1) (from Ch. 24, par. 10-1-27.1)
Sec. 10-1-27.1.
No municipality covered under this Division 1 may make
or enforce any rule or ordinance which will in any way inhibit or prohibit
any employee from exercising his full political rights to engage in
political activities, including the right to petition, make speeches,
campaign door to door, and to run for public office, so long as the
employee does not use his official position to coerce or influence others
and does not engage in these activities while he is at work on duty.
(Source: P.A. 84-1018.)
(65 ILCS 5/10-1-28) (from Ch. 24, par. 10-1-28)
Sec. 10-1-28.
No person shall solicit, orally or by letter, or be in any
manner concerned in soliciting any assessment, contribution or payment for
any party or any political purpose whatever, from any officer or employee
in any department of the government of any municipality which adopts this
Division 1.
(Source: Laws 1961, p. 3252.)
(65 ILCS 5/10-1-29) (from Ch. 24, par. 10-1-29)
Sec. 10-1-29.
No person shall, in any room or building occupied for the
discharge of official duties by any officer or employe in any municipality
which adopts this Division 1, solicit, orally or by written communication,
delivered therein, or in any other manner, or receive any contribution of
money or other thing of value, for any party or political purpose whatever.
No officer, agent, clerk or employee under the government of such
municipality, who may have charge or control of any building, office or
room, occupied for any purpose of such government, shall permit any person
to enter the same for the purpose of therein soliciting or delivering
written solicitations for receiving or giving notice of any political
assessments.
(Source: Laws 1961, p. 3252.)
(65 ILCS 5/10-1-30) (from Ch. 24, par. 10-1-30)
Sec. 10-1-30.
No officer or employee in the service of such municipality
shall, directly or indirectly, give or hand over to any officer or employee
in such service, or to any senator or representative or alderperson,
councilman, trustee or commissioner, any money or other valuable thing, on
account of or to be applied to the promotion of any party or political
object whatever.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/10-1-31) (from Ch. 24, par. 10-1-31)
Sec. 10-1-31.
No officer or employee of such municipality shall discharge
or degrade or promote, or in any manner change the official rank or
compensation of any other officer or employe, or promise or threaten to do
so for giving or withholding or neglecting to make any contribution of any
money or other valuable thing for any party or political purpose, or for
refusal or neglect to render any party or political service.
(Source: Laws 1961, p. 3252.)
(65 ILCS 5/10-1-32) (from Ch. 24, par. 10-1-32)
Sec. 10-1-32.
No applicant for appointment in the classified civil service,
either directly or indirectly, shall pay or promise to pay any money or
other valuable thing to any person whatever for or on account of his
appointment, or proposed appointment, and no officer or employee shall pay
or promise to pay, either directly or indirectly, any person any money or
other valuable thing whatever for or on account of his promotion.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/10-1-33) (from Ch. 24, par. 10-1-33)
Sec. 10-1-33.
No applicant for appointment or promotion in the classified
civil service shall ask for or receive a recommendation or assistance from
any officer or employee in the service, or of any person upon the
consideration of any political service to be rendered to or for such
person, or for the promotion of such person to any office or appointment.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/10-1-34) (from Ch. 24, par. 10-1-34)
Sec. 10-1-34.
No person while holding any office in the government of such
municipality, or in nomination for, or while seeking a nomination for, or
appointment to any such office, shall corruptly use or promise to use,
either directly or indirectly, any official authority or influence, whether
then possessed or merely anticipated, in the way of conferring upon any
person, or in order to secure or aid any person in securing any office or
public employment, or any nomination, confirmation, promotion or increase
of salary upon the consideration or condition that the vote or political
influence or action of the last named person or any other shall be given or
used in behalf of any candidate, officer or party, or upon any other
corrupt condition or consideration.
(Source: Laws 1961, p. 3252.)
(65 ILCS 5/10-1-35) (from Ch. 24, par. 10-1-35)
Sec. 10-1-35.
No accounting or auditing officer shall allow the claim of
any public officer for services of any deputy or other person employed in
the public service in violation of the provisions of this Division 1.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/10-1-36) (from Ch. 24, par. 10-1-36)
Sec. 10-1-36.
The commission shall certify to the comptroller or other
auditing officers, all appointments to offices and places in the classified
civil service, and all vacancies occurring therein, whether by dismissal or
resignation or death, and all findings made or approved by the commission
under the provisions of Section 10-1-18, that a person shall be discharged
from the classified civil service.
In no event shall any person who is classified by his local selective
service draft board as a conscientious objector, or who has ever been so
classified, be appointed to the police department.
(Source: Laws 1967, p. 3222.)
(65 ILCS 5/10-1-37) (from Ch. 24, par. 10-1-37)
Sec. 10-1-37.
No comptroller or other auditing officer of a municipality
which has adopted this Division 1 shall approve the payment of, or be in
any manner concerned in paying any salary or wages to any person for
services as an officer or employee of such municipality, unless such person
is occupying an office or place of employment according to the provisions
of law and is entitled to payment therefor.
(Source: Laws 1961, p. 3252.)
(65 ILCS 5/10-1-38) (from Ch. 24, par. 10-1-38)
Sec. 10-1-38.
No paymaster, treasurer or other officer or agent of a
municipality which has adopted this Division 1 shall wilfully pay, or be in
any manner concerned in paying any person any salary or wages for services
as an officer or employee of such municipality, unless such person is
occupying an office or place of employment according to the provisions of
law and is entitled to payment therefor.
(Source: Laws 1961, p. 3252.)
(65 ILCS 5/10-1-38.1) (from Ch. 24, par. 10-1-38.1)
Sec. 10-1-38.1.
When the force of the Fire Department or of the Police
Department is reduced, and positions displaced or abolished, seniority
shall prevail, and the officers and members so reduced in rank, or removed
from the service of the Fire Department or of the Police Department shall
be considered furloughed without pay from the positions from which they
were reduced or removed.
Such reductions and removals shall be in strict compliance with
seniority and in no event shall any officer or member be reduced more than
one rank in a reduction of force. Officers and members with the least
seniority in the position to be reduced shall be reduced to the next lower
rated position. For purposes of determining which officers and members
will be reduced in rank, seniority shall be determined by adding the time
spent at the rank or position from which the officer or member is to be
reduced and the time spent at any higher rank or position in the
Department. For purposes of determining which officers or members in the
lowest rank or position shall be removed from the Department in the event
of a layoff, length of service in the Department shall be the basis for
determining seniority, with the least senior such officer or member being
the first so removed and laid off. Such officers or members laid off shall
have their names placed on an appropriate reemployment list in the reverse
order of dates of layoff.
If any positions which have been vacated because of reduction in forces
or displacement and abolition of positions, are reinstated, such members
and officers of the Fire Department or of the Police Department as are
furloughed from the said positions shall be notified by registered mail of
such reinstatement of positions and shall have prior right to such
positions if otherwise qualified, and in all cases seniority shall prevail.
Written application for such reinstated position must be made by the
furloughed person within 30 days after notification as above provided and
such person may be required to submit to examination by physicians, advanced practice registered nurses, or physician assistants of both
the commission and the appropriate pension board to determine his physical
fitness.
(Source: P.A. 99-581, eff. 1-1-17; 100-513, eff. 1-1-18.)
(65 ILCS 5/10-1-39) (from Ch. 24, par. 10-1-39)
Sec. 10-1-39.
Any person who shall be served with a subpoena to appear and
testify, or to produce books and papers, issued by the commission or by any
commissioner or by any board or person acting under the orders of the
commission in the course of an investigation conducted either under the
provisions of Section 10-1-18 or 10-1-20, and who shall refuse or neglect
to appear or to testify, or to produce books and papers relevant to the
investigation, as commanded in such subpoena, is guilty of a misdemeanor,
and shall, on conviction, be punished as provided in Section 10-1-40. The
fees of witnesses for attendance and travel shall be the same as the fees
of witnesses before the circuit courts of this state and shall be paid from
the appropriation for the expenses of the commission. Any circuit court of
this state upon application of any such commissioner, or officer or board,
may in his discretion compel the attendance of witnesses, the production of
books and papers, and giving of testimony before the commission, or before
any such commissioner, investigating board or officer, by attachment for
contempt or otherwise in the same manner as the production of evidence may
be compelled before such court. Every person who, having taken an oath or
made affirmation before a commissioner or officer appointed by the
commission authorized to administer oaths shall swear or affirm wilfully,
corruptly and falsely shall be guilty of perjury and upon conviction shall
be punished accordingly.
(Source: Laws 1967, p. 3762.)
(65 ILCS 5/10-1-40) (from Ch. 24, par. 10-1-40)
Sec. 10-1-40.
Any person who wilfully, or through culpable negligence
violates any of the provisions of this Division 1 or any rule promulgated
in accordance with the provisions thereof, other than Section 10-1-16,
is guilty of a Class B
misdemeanor. Any person who wilfully or through culpable negligence
violates any of the provisions of Section 10-1-16 of this Code, or any rule
promulgated in accordance with the provisions thereof, is guilty of a Class
A misdemeanor.
(Source: P.A. 85-372.)
(65 ILCS 5/10-1-41) (from Ch. 24, par. 10-1-41)
Sec. 10-1-41.
If any person is convicted for violating any of the
provisions of this Division 1, or rules adopted pursuant thereto, any
public office or place of public employment, which such person may hold
shall, by force of such conviction be rendered vacant, and such person
shall be incapable of holding any office or place of public employment for
the period of 5 years from the date of such conviction.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/10-1-42) (from Ch. 24, par. 10-1-42)
Sec. 10-1-42.
Prosecutions for violations of this Division 1 may be
instituted either by the Attorney General, the State's Attorney for the
county in which the offense is alleged to have been committed, or by the
commission, acting through special counsel. Such suits shall be conducted
and controlled by the prosecuting officers who institute them, unless they
request the aid of other prosecuting officers.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/10-1-43) (from Ch. 24, par. 10-1-43)
Sec. 10-1-43.
The electors of any municipality may adopt and become
entitled to the benefits of this Division 1 in the following manner:
Whenever 1,000 of the legal voters of such municipality, voting at the
last preceding election petition the circuit court for the county in
which the municipality is located to order submitted to a
vote of the electors of
such municipality the proposition as to whether such municipality and
the electors thereof shall adopt and become entitled to the benefits of
this Division 1, the circuit court shall order such proposition
certified and submitted
accordingly at the next succeeding
election in accordance with the general election law, and if such proposition
is not adopted at such election the
same shall in like manner be ordered to a vote of the electors of such
municipality by the circuit court upon like application at any election
thereafter, and an order shall be
entered of record in the circuit court for the submission of
such proposition as aforesaid. The clerk of the circuit court shall certify
the proposition for submission.
If the required number of 1,000 electors exceeds a number equal to
1/8 of the legal voters of any such municipality voting at the last
preceding municipal election, then such petition or application need not be signed
or made by more than 1/8 of the legal voters of such municipality voting
at the last preceding municipal election.
If this Division 1 is adopted by a municipality that before adoption
was subject to the provisions of Division 2.1 of this Article 10, the
provisions of this Division 1 shall apply except as to the board of fire
and police commissioners and firemen and policemen. The provisions of
Division 2.1 shall continue to apply to the board of fire and police
commissioners and firemen and policemen.
A municipality that has adopted this Division 1 may abolish it in the
same manner prescribed for its adoption.
(Source: P.A. 88-264.)
(65 ILCS 5/10-1-44) (from Ch. 24, par. 10-1-44)
Sec. 10-1-44.
(a) Proclamation to adopt.
If a majority of the votes
cast upon a
proposition to adopt shall be for the proposition, this
Division 1 shall
be adopted by the municipality, and the mayor shall then issue a
proclamation declaring this Division 1 in force in the
municipality.
(b) Proclamation to abolish. If a majority of the votes cast upon a
proposition to abolish shall be for the proposition, this Division 1 shall
be abolished by the municipality, and the mayor shall then issue a proclamation
declaring this Division 1 abolished in the municipality.
(Source: P.A. 88-264.)
(65 ILCS 5/10-1-45) (from Ch. 24, par. 10-1-45)
Sec. 10-1-45.
The provisions of the Administrative Review Law, and all
amendments and modifications thereof,
and the rules
adopted pursuant thereto, shall apply to and govern all proceedings for the
judicial review of final administrative decisions of a Civil Service
Commission, or of the Police Board of a city of more than 500,000
population. The term "administrative decision" is defined as in Section
3-101 of the Code of Civil Procedure.
(Source: P.A. 82-783.)
(65 ILCS 5/10-1-46) (from Ch. 24, par. 10-1-46)
Sec. 10-1-46.
An employee who is injured while in the performance of his
duties and because of such injury is temporarily unable to continue his
duties or who enters the military or naval service of the United States
because of a war in which the United States is a party belligerent or as
required by any Act of Congress shall, upon written application to the
commission, be granted a disability or military leave, as the case may be.
(Source: Laws 1963, p. 1116.)
(65 ILCS 5/10-1-47) (from Ch. 24, par. 10-1-47)
Sec. 10-1-47.
An employee who has been on disability leave or military
leave granted by the commission and who wishes to return to active duty in
his certified position shall be credited with seniority for the period of
such leave and, if otherwise qualified, shall be reinstated to his
certified position at the rank or grade held at the start of the leave, not
more than 60 days after his written request for reinstatement is filed with
the commission. Such request shall be filed not more than 30 days after
termination of the disability or military or naval service.
(Source: Laws 1963, p. 1116.)
(65 ILCS 5/10-1-48) (from Ch. 24, par. 10-1-48)
Sec. 10-1-48.
This division is subject to the provisions of the Illinois
Police Training Act and the
provisions of the Illinois Fire Protection Training Act.
Public Act 78-951 is not a limit on any municipality which is
a home rule unit.
(Source: P.A. 102-558, eff. 8-20-21.)
(65 ILCS 5/Art. 10 Div. 2.1 heading)
(65 ILCS 5/10-2.1-1) (from Ch. 24, par. 10-2.1-1)
Sec. 10-2.1-1.
Appointment-Terms of office.
In every municipality with a population of at least 5,000 and not more
than 250,000 which is not subject to Division 1 of this Article, and in
every municipality with a population of less than 5,000 which adopts this
Division 2.1 as provided in Section 10-2.1-27, including in either event
any municipality incorporated and existing under a special charter, the
mayor of the city, with the consent of the city council or the president of
the village or incorporated town, with the consent of the board of
trustees, shall appoint a board of fire and police commissioners. This
board shall consist of 3 members, whose terms of office shall be 3 years
and until their respective successors are appointed and have qualified,
except as provided in Section 10-2.1-2. No such appointment, however, shall
be made by any mayor or president within 30 days before the expiration of
his term of office.
(Source: P.A. 76-1445.)
(65 ILCS 5/10-2.1-2) (from Ch. 24, par. 10-2.1-2)
Sec. 10-2.1-2.
First appointments.
Within 30 days after this Division 2.1 becomes effective in a
municipality, the mayor or president, as the case may be, shall appoint the
first members of the board. One of the members shall be appointed to serve
until the end of the then current municipal year, another to serve until
the end of the municipal year next ensuing, and the third to serve until
the end of the municipal year second next ensuing. But every member shall
serve until his successor is appointed and has qualified.
Vacancies on the board of fire and police commissioners shall be filled
in the same manner as the original appointment.
The board members shall elect a chairman to serve during the municipal
fiscal year.
A majority of the board constitutes a quorum for the conduct of all
business.
(Source: Laws 1967, p. 3422.)
(65 ILCS 5/10-2.1-3) (from Ch. 24, par. 10-2.1-3)
Sec. 10-2.1-3.
Qualifications - Oath - Bond - Removal.
The members of the board shall be considered officers of the
municipality, and shall file an oath and a fidelity bond in such amount
as may be required by the governing body of the municipality.
No person holding an office under a municipality, shall be
a member of the board of fire and police commissioners or the Secretary
thereof. The acceptance of any such office by a member of the
board shall be treated as a resignation of his office as a member of the
board or the Secretary thereof. No person shall be appointed a member of
the board of fire and police commissioners who has been convicted of a
felony under the laws of this State or comparable laws of any other state
or the United States. No person shall be appointed a member of
the board of fire and police commissioners who is related, either by
blood or marriage up to the degree of first cousin, to any elected
official of such municipality. No more than 2 members of the board shall
belong to the same political party existing in such municipality at the
time of such appointments and as defined in Section 10-2 of The Election
Code. If only one or no political party exists in such municipality at
the time of such appointments, then state or national political party
affiliations shall be considered in making such appointments. Party
affiliation shall be determined by affidavit of the person appointed as
a member of the board.
Members shall not be subject to removal, except for cause, upon
written charges, and after an opportunity to be heard within 30 days in
his or their own defense, before a regular meeting of the governing body
of the municipality for which they have been appointed. A majority vote
of the elected members of such governing body shall be required to
remove any such member from office.
(Source: P.A. 87-423.)
(65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
Sec. 10-2.1-4. Fire and police departments; appointment of
members; certificates of appointments. The board of fire and police commissioners shall appoint all officers
and members of the fire and police departments of the municipality,
including the chief of police and the chief of the fire department,
unless the council or board of trustees shall by ordinance as to them
otherwise provide; except as otherwise provided in this Section, and
except that in any municipality which adopts or has
adopted this Division 2.1 and also adopts or has adopted Article 5 of
this Code, the chief of police and the chief of the fire department
shall be appointed by the municipal manager, if it is provided by
ordinance in such municipality that such chiefs, or either of them,
shall not be appointed by the board of fire and police commissioners.
If the chief of the fire department or the chief of the police department
or both of them are appointed in the manner provided by ordinance, they
may be removed or discharged by the appointing authority. In such case
the appointing authority shall file with the corporate authorities the reasons
for such removal or discharge, which removal or discharge shall not become
effective unless confirmed by a majority vote of the corporate authorities.
After January 1, 2019 (the effective date of Public Act 100-1126), a person shall not be appointed as the chief, the acting chief, the department head, or a position, by whatever title, that is responsible for day-to-day operations of a fire department for greater than 180 days unless he or she possesses the following qualifications and certifications:
If a member of the department is appointed chief of police or chief
of the fire department prior to being eligible to retire on pension, he
shall be considered as on furlough from the rank he held immediately
prior to his appointment as chief. If he resigns as chief or is
discharged as chief prior to attaining eligibility to retire on pension,
he shall revert to and be established in whatever rank he currently holds,
except for previously appointed positions, and thereafter
be entitled to all the benefits and emoluments of that rank,
without regard as to whether a vacancy then exists in that rank.
All appointments to each department other than that of the lowest
rank, however, shall be from the rank next below that to which the
appointment is made except as otherwise provided in this Section, and
except that the chief of police and the chief of the
fire department may be appointed from among members of the police and
fire departments, respectively, regardless of rank, unless the council
or board of trustees shall have by ordinance as to them otherwise provided.
A chief of police or the chief of the fire department, having been appointed
from among members
of the police or fire department, respectively, shall be permitted, regardless
of rank, to
take promotional
exams and be promoted to a higher classified rank than he currently holds,
without having to
resign as chief of police or chief of the fire department.
The sole authority to issue certificates of appointment shall be
vested in the Board of Fire and Police Commissioners and all
certificates of appointments issued to any officer or member of the fire
or police department of a municipality shall be signed by the chairman
and secretary respectively of the board of fire and police commissioners
of such municipality, upon appointment of such officer or member of the
fire and police department of such municipality by action of the board
of fire and police commissioners. After being selected from the register of eligibles to fill a vacancy in the affected department, each appointee shall be presented with his or her certificate of appointment on the day on which he or she is sworn in as a classified member of the affected department. Firefighters who were not issued a certificate of appointment when originally appointed shall be provided with a certificate within 10 days after making a written request to the chairperson of the Board of Fire and Police Commissioners. In any municipal fire department that employs full-time firefighters and is subject to a collective bargaining agreement, a person who has not qualified for regular appointment under the provisions of this Division 2.1 shall not be used as a temporary or permanent substitute for classified members of a municipality's fire department or for regular appointment as a classified member of a municipality's fire department unless mutually agreed to by the employee's certified bargaining agent. Such agreement shall be considered a permissive subject of bargaining. Municipal fire departments covered by the changes made by Public Act 95-490 that are using non-certificated employees as substitutes immediately prior to June 1, 2008 (the effective date of Public Act 95-490) may, by mutual agreement with the certified bargaining agent, continue the existing practice or a modified practice and that agreement shall be considered a permissive subject of bargaining. A home rule unit may not regulate the hiring of temporary or substitute members of the municipality's fire department in a manner that is inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
The term "policemen" as used in this Division does not include
auxiliary police officers except as provided for in Section 10-2.1-6.
Any full-time member of a regular fire or police department of any
municipality which comes under the provisions of this Division or adopts
this Division 2.1 or which has adopted any of the prior Acts pertaining to
fire and police commissioners, is a city officer.
Notwithstanding any other provision of this Section, the Chief of
Police of a department in a non-home rule municipality of more than 130,000
inhabitants may, without the advice or consent of the Board of
Fire and Police Commissioners, appoint up to 6 officers who shall be known
as deputy chiefs or assistant deputy chiefs, and whose rank shall be
immediately below that of Chief. The deputy or assistant deputy chiefs may
be appointed from any rank of sworn officers of that municipality, but no
person who is not such a sworn officer may be so appointed. Such deputy
chief or assistant deputy chief shall have the authority to direct and
issue orders to all employees of the Department holding the rank of captain
or any lower rank.
A deputy chief of police or assistant deputy chief of police, having been
appointed from any rank
of sworn officers of that municipality, shall be permitted, regardless of rank,
to take promotional
exams and be promoted to a higher classified rank than he currently holds,
without having to
resign as deputy chief of police or assistant deputy chief of police.
Notwithstanding any other provision of this Section, a non-home rule
municipality of 130,000 or fewer inhabitants, through its council or board
of trustees, may, by ordinance, provide for a position of deputy chief to be
appointed by the chief of the police department. The ordinance shall provide
for no more than one deputy chief position if the police department has fewer
than 25 full-time police officers and for no more than 2 deputy chief positions
if the police department has 25 or more full-time police officers. The deputy
chief position
shall be an exempt rank immediately below that of Chief. The deputy chief may
be appointed from any rank of sworn, full-time officers of the municipality's
police department, but must have at least 5 years of full-time service as a
police officer in that department. A deputy chief shall serve at the
discretion of the Chief and, if removed from the position,
shall revert to the rank currently held, without regard as to whether a
vacancy exists in
that rank. A deputy chief
of police, having been appointed from any rank of sworn full-time officers of
that municipality's
police department, shall be permitted, regardless of rank, to take promotional
exams and be
promoted to a higher classified rank than he currently holds, without having to
resign as deputy
chief of police.
No municipality having a population less than 1,000,000 shall require
that any firefighter appointed to the lowest
rank serve a probationary employment period of longer than one year. The
limitation on periods of probationary employment provided in Public Act 86-990 is an exclusive power and function of the State.
Pursuant to subsection (h) of Section 6 of Article VII of the Illinois
Constitution, a home rule municipality having a population less than 1,000,000
must comply with this limitation on periods of probationary employment, which
is a denial and limitation of home rule powers. Notwithstanding anything to
the contrary in this Section, the probationary employment period limitation
may be extended for a firefighter who is required, as a condition of employment, to be a licensed paramedic, during which time the sole reason that a firefighter may be discharged without a hearing is for failing to meet the requirements for paramedic licensure.
To the extent that this Section or any other Section in this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4, then Section 10-2.1-6.3 or 10-2.1-6.4 shall control.
(Source: P.A. 100-252, eff. 8-22-17; 100-425, eff. 8-25-17; 100-863, eff, 8-14-18; 100-1126, eff. 1-1-19; 101-81, eff. 7-12-19.)
(65 ILCS 5/10-2.1-5) (from Ch. 24, par. 10-2.1-5)
Sec. 10-2.1-5.
Rules-publications.
The board shall make rules (1) to carry out the purpose of this Division
2.1, and (2) for appointments and removals in accordance with the
provisions of this Division 2.1. The board, from time to time, may make
changes in these rules.
All these rules and changes therein shall be printed immediately for
distribution. The board shall give notice (1) of the places where the
printed rules may be obtained, and (2) of the date, not less than 10 days
subsequent to the time of publication, when the rules or changes therein
shall go into operation. This notice shall be published in one or more
newspapers published in the municipality, or, if no newspaper is published
therein, then in one or more newspapers with a general circulation within
the municipality.
These rules of the board shall apply only to the conduct of examinations
for original appointments, for promotions, and to the conduct of hearings
on charges brought against a member of the police or fire department. No
such rule shall be made by the board to govern the operation of the police
or fire department or the conduct of its members unless the governing body
of the municipality specifically authorizes the board of fire and police
commissioners to make such rules; however, the governing body may also
rescind such authorization. The Board may, however, provide rules for the
appointment of persons at least 16 years of age to part-time positions
within the cadet training program of the fire department of the
municipality, provided such training program is conducted in conjunction
with the Diversified Occupational Program of the local High School District
and with the Illinois State Vocational Education System.
This amendatory Act of 1973 does not apply to any municipality which is
a home rule unit.
(Source: P.A. 78-402.)
(65 ILCS 5/10-2.1-5.1) (from Ch. 24, par. 10-2.1-5.1)
Sec. 10-2.1-5.1.
No municipality covered under this Division 2.1 may
make or enforce any rule or ordinance which will in any way inhibit or
prohibit any employee from exercising his full political rights to engage
in political activities, including the right to petition, make speeches,
campaign door to door, and to run for public office, so long as the
employee does not use his official position to coerce or influence others
and does not engage in these activities while he is at work on duty.
(Source: P.A. 84-1018.)
(65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
Sec. 10-2.1-6. Examination of applicants; disqualifications.
(a) All applicants for a position in either the fire or police department
of the municipality shall be under 35 years of age, shall be subject to an
examination that shall be public, competitive, and open to all applicants
(unless the council or board of trustees by ordinance limit applicants to
electors of the municipality, county, state or nation) and shall be subject to
reasonable limitations as to residence, health, habits, and moral character.
The municipality may not charge or collect any fee from an applicant who has
met all prequalification standards established by the municipality for any such
position. With respect to a police department, a veteran shall be allowed to exceed the maximum age provision of this Section by the number of years served on active military duty, but by no more than 10 years of active military duty.
(b) Residency requirements in effect at the time an individual enters the
fire or police service of a municipality (other than a municipality that
has more than 1,000,000 inhabitants) cannot be made more restrictive for
that individual during his period of service for that municipality, or be
made a condition of promotion, except for the rank or position of Fire or
Police Chief.
(c) No person with a record of misdemeanor convictions except those
under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1), (6), and (8) of subsection (a) of
Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012, or arrested for any cause but not
convicted on that cause shall be disqualified from taking the examination to
qualify for a position in the fire department on grounds of habits or moral
character.
(d) The age limitation in subsection (a) does not apply (i) to any person
previously employed as a policeman or fireman in a regularly constituted police
or fire department of (I) any municipality, regardless of whether the municipality is located in Illinois or in another state, or (II) a fire protection district
whose obligations were assumed by a municipality under Section 21 of the Fire
Protection District Act, (ii) to any person who has served a municipality as a
regularly enrolled volunteer fireman for 5 years immediately preceding the time
that municipality begins to use full time firemen to provide all or part of its
fire protection service, or (iii) to any person who has served as an auxiliary police officer under Section 3.1-30-20 for at least 5 years and is under 40 years of
age, (iv) to any person who has served as a deputy under Section 3-6008 of
the Counties Code and otherwise meets necessary training requirements, or (v) to any person who has served as a sworn officer as a member of the Illinois State Police.
(e) Applicants who are 20 years of age and who have successfully completed 2
years of law enforcement studies at an accredited college or university may be
considered for appointment to active duty with the police department. An
applicant described in this subsection (e) who is appointed to active duty
shall not have power of arrest, nor shall the applicant be permitted to carry
firearms, until he or she reaches 21 years of age.
(f) Applicants who are 18 years of age and who have successfully
completed 2 years of study in fire techniques, amounting to a total of 4
high school credits, within the cadet program of a municipality may be
considered for appointment to active duty with the fire department of any
municipality.
(g) The council or board of trustees may by ordinance provide
that persons residing outside the municipality are eligible to take the
examination.
(h) The examinations shall be practical in character and relate to
those matters that will fairly test the capacity of the persons examined
to discharge the duties of the positions to which they seek appointment. No
person shall be appointed to the police or fire department if he or she does
not possess a high school diploma or an equivalent high school education.
A board of fire and police commissioners may, by its rules, require police
applicants to have obtained an associate's degree or a bachelor's degree as a
prerequisite for employment. The
examinations shall include tests of physical qualifications and health. A board of fire and police commissioners may, by its rules, waive portions of the required examination for police applicants who have previously been full-time sworn officers of a regular police department in any municipal, county, university, or State law enforcement agency, provided they are certified by the Illinois Law Enforcement Training Standards Board and have been with their respective law enforcement agency within the State for at least 2 years. No
person shall be appointed to the police or fire department if he or she has
suffered the amputation of any limb unless the applicant's duties will be only
clerical or as a radio operator. No applicant shall be examined concerning his
or her political or religious opinions or affiliations. The examinations shall
be conducted by the board of fire and police commissioners of the municipality
as provided in this Division 2.1.
The requirement that a police applicant possess an associate's degree under this subsection may be waived if one or more of the following applies: (1) the applicant has served for 24 months of honorable active duty in the United States Armed Forces and has not been discharged dishonorably or under circumstances other than honorable; (2) the applicant has served for 180 days of active duty in the United States Armed Forces in combat duty recognized by the Department of Defense and has not been discharged dishonorably or under circumstances other than honorable; or (3) the applicant has successfully received credit for a minimum of 60 credit hours toward a bachelor's degree from an accredited college or university.
The requirement that a police applicant possess a bachelor's degree under this subsection may be waived if one or more of the following applies: (1) the applicant has served for 36 months of honorable active duty in the United States Armed Forces and has not been discharged dishonorably or under circumstances other than honorable or (2) the applicant has served for 180 days of active duty in the United States Armed Forces in combat duty recognized by the Department of Defense and has not been discharged dishonorably or under circumstances other than honorable.
(i) No person who is classified by his local selective service draft board
as a conscientious objector, or who has ever been so classified, may be
appointed to the police department.
(j) No person shall be appointed to the police or fire department unless he
or she is a person of good character and not an habitual drunkard, gambler, or
a person who has been convicted of a felony or a crime involving moral
turpitude. No person, however, shall be disqualified from appointment to the
fire department because of his or her record of misdemeanor convictions except
those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6,
31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1), (6), and (8) of subsection (a) of Section
24-1 of the Criminal Code of 1961 or the Criminal Code of 2012, or arrest for any cause without conviction on
that cause. Any such person who is in the department may be removed on charges
brought and after a trial as provided in this Division 2.1.
(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(65 ILCS 5/10-2.1-6.1) (from Ch. 24, par. 10-2.1-6.1)
Sec. 10-2.1-6.1.
A classifiable set of the fingerprints of every person who is now
employed, or who hereafter becomes employed, as a full time member of a
regular fire or police department of any municipality in this State,
whether with or without compensation, shall be furnished to the Illinois State Police and to the Federal Bureau
of Investigation by
the board of fire or police commissioners or other appropriate appointing
authority, as the case may be.
(Source: P.A. 102-538, eff. 8-20-21.)
(65 ILCS 5/10-2.1-6.2) (from Ch. 24, par. 10-2.1-6.2)
Sec. 10-2.1-6.2.
Whenever the Board of Fire and Police Commissioners
is authorized or required by law to consider some aspect of criminal
history record information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment of fees in
conformance with the requirements of Section 2605-400 of the
Illinois State Police Law, the Illinois State Police is
authorized to furnish, pursuant to positive identification, such
information contained in State files as is necessary to fulfill the
request.
(Source: P.A. 102-538, eff. 8-20-21.)
(65 ILCS 5/10-2.1-6.3)
Sec. 10-2.1-6.3. Original appointments; full-time fire department.
(a) Applicability. Unless a commission elects to follow the provisions of Section 10-2.1-6.4, this Section shall apply to all original appointments to an affected full-time fire department. Existing registers of eligibles shall continue to be valid until their expiration dates, or up to a maximum of 2 years after August 4, 2011 (the effective date of Public Act 97-251).
Notwithstanding any statute, ordinance, rule, or other law to the contrary, all original appointments to an affected department to which this Section applies shall be administered in the manner provided for in this Section. Provisions of the Illinois Municipal Code, municipal ordinances, and rules adopted pursuant to such authority and other laws relating to initial hiring of firefighters in affected departments shall continue to apply to the extent they are compatible with this Section, but in the event of a conflict between this Section and any other law, this Section shall control.
A home rule or non-home rule municipality may not administer its fire department process for original appointments in a manner that is less stringent than this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of the powers and functions exercised by the State.
A municipality that is operating under a court order or consent decree regarding original appointments to a full-time fire department before August 4, 2011 (the effective date of Public Act 97-251) is exempt from the requirements of this Section for the duration of the court order or consent decree.
Notwithstanding any other provision of this subsection (a), this Section does not apply to a municipality with more than 1,000,000 inhabitants.
(b) Original appointments. All original appointments made to an affected fire department shall be made from a register of eligibles established in accordance with the processes established by this Section. Only persons who meet or exceed the performance standards required by this Section shall be placed on a register of eligibles for original appointment to an affected fire department.
Whenever an appointing authority authorizes action to hire a person to perform the duties of a firefighter or to hire a firefighter-paramedic to fill a position that is a new position or vacancy due to resignation, discharge, promotion, death, the granting of a disability or retirement pension, or any other cause, the appointing authority shall appoint to that position the person with the highest ranking on the final eligibility list. If the appointing authority has reason to conclude that the highest ranked person fails to meet the minimum standards for the position or if the appointing authority believes an alternate candidate would better serve the needs of the department, then the appointing authority has the right to pass over the highest ranked person and appoint either: (i) any person who has a ranking in the top 5% of the register of eligibles or (ii) any person who is among the top 5 highest ranked persons on the list of eligibles if the number of people who have a ranking in the top 5% of the register of eligibles is less than 5 people.
Any candidate may pass on an appointment once without losing his or her position on the register of eligibles. Any candidate who passes a second time may be removed from the list by the appointing authority provided that such action shall not prejudice a person's opportunities to participate in future examinations, including an examination held during the time a candidate is already on the municipality's register of eligibles.
The sole authority to issue certificates of appointment shall be vested in the board of fire and police commissioners. All certificates of appointment issued to any officer or member of an affected department shall be signed by the chairperson and secretary, respectively, of the board upon appointment of such officer or member to the affected department by action of the board. After being selected from the register of eligibles to fill a vacancy in the affected department, each appointee shall be presented with his or her certificate of appointment on the day on which he or she is sworn in as a classified member of the affected department. Firefighters who were not issued a certificate of appointment when originally appointed shall be provided with a certificate within 10 days after making a written request to the chairperson of the board of fire and police commissioners. Each person who accepts a certificate of appointment and successfully completes his or her probationary period shall be enrolled as a firefighter and as a regular member of the fire department.
For the purposes of this Section, "firefighter" means any person who has been prior to, on, or after August 4, 2011 (the effective date of Public Act 97-251) 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.
(c) Qualification for placement on register of eligibles. The purpose of establishing a register of eligibles is 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 shall be subject to examination and testing which shall be public, competitive, and open to all applicants unless the municipality shall by ordinance limit applicants to residents of the municipality, county or counties in which the municipality is located, State, or nation. 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. Municipalities may establish educational, emergency medical service licensure, and other prerequisites for participation in an examination or for hire as a firefighter. Any municipality may charge a fee to cover the costs of the application process.
Residency requirements in effect at the time an individual enters the fire service of a municipality cannot be made more restrictive for that individual during his or her period of service for that municipality, or be made a condition of promotion, except for the rank or position of fire chief and for no more than 2 positions that rank immediately below that of the chief rank which are appointed positions pursuant to the Fire Department Promotion Act.
No person who is 35 years of age or older shall be eligible to take an examination for a position as a firefighter unless the person has had previous employment status as a firefighter in the regularly constituted fire department of the municipality, except as provided in this Section. The age limitation does not apply to:
No person who is under 21 years of age shall be eligible for employment as a firefighter.
No applicant shall be examined concerning his or her political or religious opinions or affiliations. The examinations shall be conducted by the commissioners of the municipality or their designees and agents.
No municipality shall require that any firefighter appointed to the lowest rank serve a probationary employment period of longer than one year of actual active employment, which may exclude periods of training, or injury or illness leaves, including duty related leave, in excess of 30 calendar days. Notwithstanding anything to the contrary in this Section, the probationary employment period limitation may be extended for a firefighter who is required, as a condition of employment, to be a licensed paramedic, during which time the sole reason that a firefighter may be discharged without a hearing is for failing to meet the requirements for paramedic licensure.
In the event that any applicant who has been found eligible for appointment and whose name has been placed upon the final eligibility register provided for in this Section has not been appointed to a firefighter position within one year after the date of his or her physical ability examination, the commission may cause a second examination to be made of that applicant's physical ability prior to his or her appointment. If, after the second examination, the physical ability of the applicant shall be found to be less than the minimum standard fixed by the rules of the commission, the applicant shall not be appointed. The applicant's name may be retained upon the register of candidates eligible for appointment and when next reached for certification and appointment that applicant may be again examined as provided in this Section, and if the physical ability of that applicant is found to be less than the minimum standard fixed by the rules of the commission, the applicant shall not be appointed, and the name of the applicant shall be removed from the register.
(d) Notice, examination, and testing components. Notice of the time, place, general scope, merit criteria for any subjective component, and fee of every examination shall be given by the commission, by a publication at least 2 weeks preceding the examination: (i) in one or more newspapers published in the municipality, or if no newspaper is published therein, then in one or more newspapers with a general circulation within the municipality, or (ii) on the municipality's Internet website. Additional notice of the examination may be given as the commission shall prescribe.
The examination and qualifying standards for employment of firefighters shall be based on: 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 final register of eligibles. The examination may also include a subjective component based on merit criteria as determined by the commission. Scores from the examination must be made available to the public.
(e) Mental aptitude. No person who does not possess at least a high school diploma or an equivalent high school education shall be placed on a register of eligibles. Examination of an applicant's mental aptitude shall be based upon a written examination. The examination 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.
(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 the following dimensions:
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.
Physical ability examinations administered under this Section shall be conducted with a reasonable number of proctors and monitors, open to the public, and subject to reasonable regulations of the commission.
(g) Scoring of examination components. Appointing authorities may create a preliminary eligibility register. A person shall be placed on the list based upon his or her passage of the written examination or the passage of the written examination and the physical ability component. Passage of the written examination means attaining the minimum score set by the commission. 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. The appointing authority may conduct the physical ability component and any subjective components subsequent to the posting of the preliminary eligibility register.
The examination components for an initial eligibility register shall be graded on a 100-point scale. A person's position on the list shall be determined by the following: (i)
the person's score on the written examination, (ii) the person
successfully passing the physical ability component, and (iii) the
person's results on any subjective component as described in
subsection (d).
In order to qualify for placement on the final eligibility register, an applicant's score on the written examination, before any applicable preference points or subjective points are applied, shall be at or above the minimum score as set by the commission. The local appointing authority may prescribe the score to qualify for placement on the final eligibility register, but the score shall not be less than the minimum score set by the commission.
The commission shall prepare and keep a register of persons whose total score is not less than the minimum score for passage and who have passed the physical ability examination. 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, subjective component, and preference components of the test administered in accordance with this Section. No more than 60 days after each examination, an initial eligibility list shall be posted by the commission. The list shall include the final grades of the candidates without reference to priority of the time of examination and subject to claim for preference credit.
Commissions may conduct additional examinations, including without limitation a polygraph test, after a final eligibility register is established and before it expires with the candidates ranked by total score without regard to date of examination. No more than 60 days after each examination, an initial eligibility list shall be posted by the commission showing the final grades of the candidates without reference to priority of time of examination and subject to claim for preference credit.
(h) Preferences. The following are preferences:
No person entitled to any preference shall be required to claim the credit before any examination held under the provisions of this Section, but the preference may be given after the posting or publication of the initial eligibility list or register at the request of a person entitled to a credit before any certification or appointments are made from the eligibility register, upon the furnishing of verifiable evidence and proof of qualifying preference credit. Candidates who are eligible for preference credit may make a claim in writing within 10 days after the posting of the initial eligibility list, or the claim may be deemed waived. Final eligibility registers may be established after the awarding of verified preference points. However, apprentice preference credit earned subsequent to the establishment of the final eligibility register may be applied to the applicant's score upon certification by the Joint Apprenticeship Committee to the commission and the rank order of candidates on the final eligibility register shall be adjusted accordingly. All employment shall be subject to the commission's initial hire background review, including, but not limited to, criminal history, employment history, moral character, oral examination, and medical and psychological examinations, all on a pass-fail basis. The medical and psychological examinations must be conducted last, and may only be performed after a conditional offer of employment has been extended.
Any person placed on an eligibility list who exceeds the age requirement before being appointed to a fire department shall remain eligible for appointment until the list is abolished, or his or her name has been on the list for a period of 2 years. No person who has attained the age of 35 years shall be inducted into a fire department, except as otherwise provided in this Section.
The commission shall strike off the names of candidates for original appointment after the names have been on the list for more than 2 years.
(i) Moral character. No person shall be appointed to a fire department unless he or she is a person of good character; not a habitual drunkard, a gambler, or a person who has been convicted of a felony or a crime involving moral turpitude. However, no person shall be disqualified from appointment to the fire department because of the person's record of misdemeanor convictions except those under Sections 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs (1), (6), and (8) of subsection (a) of Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012, or arrest for any cause without conviction thereon. Any such person who is in the department may be removed on charges brought for violating this subsection and after a trial as hereinafter provided.
A classifiable set of the fingerprints of every person who is offered employment as a certificated member of an affected fire department whether with or without compensation, shall be furnished to the Illinois State Police and to the Federal Bureau of Investigation by the commission.
Whenever a commission is authorized or required by law to consider some aspect of criminal history record information for the purpose of carrying out its statutory powers and responsibilities, then, upon request and payment of fees in conformance with the requirements of Section 2605-400 of the Illinois State Police Law of the Civil Administrative Code of Illinois, the Illinois State Police is authorized to furnish, pursuant to positive identification, the information contained in State files as is necessary to fulfill the request.
(j) Temporary appointments. In order to prevent a stoppage of public business, to meet extraordinary exigencies, or to prevent material impairment of the fire department, the commission may make temporary appointments, to remain in force only until regular appointments are made under the provisions of this Division, but never to exceed 60 days. No temporary appointment of any one person shall be made more than twice in any calendar year.
(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.
(Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21; 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
(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:
(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:
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. 102-188, eff. 1-1-22.)
(65 ILCS 5/10-2.1-7) (from Ch. 24, par. 10-2.1-7)
Sec. 10-2.1-7.
Exemption from examination.
Any full time member of a regular fire or police department of any
municipality which comes under the provisions of this Division or adopts
this Division 2.1 or which has adopted any of the prior Acts pertaining to
fire and police commissioners, or a full time member of a regular fire
department of a fire protection district whose obligations were assumed by
a municipality under Section 21 of "An Act in Relation to Fire Protection
Districts", who has served at least one year as a full time member of such
department, shall become a member of the classified service of the fire or
police department respectively, in the position held by him at the time
such department or municipality comes under the provisions of this
Division, without examination.
(Source: P.A. 77-244; 77-1438.)
(65 ILCS 5/10-2.1-7.1) (from Ch. 24, par. 10-2.1-7.1)
Sec. 10-2.1-7.1.
Persons transferred from the employment of a fire protection district by
virtue of an Act entitled "An Act in Relation to Fire Protection Districts"
under Section 21 as now or hereafter amended, shall without examination be
assigned to the positions in the classified civil service or under the Fire
and Police Commissioners Act of the municipality so far as may be
practicable, having duties and responsibilities equivalent to their fire
protection district employment. For the purpose of establishing the civil
service status or classified service status under the board of fire and
police commissioners of firemen transferred to the municipality, the rank
of Chief of the Fire Department shall not be recognized. The appointment of
the Chief of the Fire Department shall be subject to the ordinances of the
transferee municipality in the appointment of the same. Employees so
transferred shall have the same standing, grade, class or rank which they
held in the classified service of the fire protection district from which
they were transferred. For the purpose of determining seniority and class,
grade or rank, each employee shall be credited with the time served by him
on the date of such transfer and shall be given the position in the
classified service as nearly comparable in responsibilities and duties to
his former employment as it may be possible to approximate.
(Source: P.A. 77-244; 77-1438.)
(65 ILCS 5/10-2.1-8) (from Ch. 24, par. 10-2.1-8)
Sec. 10-2.1-8. Veteran's and educational preference.
Persons who have successfully
obtained an associate's degree in the field of law enforcement, criminal
justice, fire service, or emergency medical services, or a bachelor's degree
from an accredited college or university; persons who
have been awarded a certificate attesting to the successful completion
of the Minimum Standards Basic Law Enforcement Training Course as provided in
the Illinois Police Training Act and are currently serving as a law enforcement
officer on a part-time or full-time basis within the State of Illinois; and persons who were engaged in
the active military or naval service of the United States for a period of at least
one year and who were honorably discharged therefrom, or who are now or may
hereafter be on inactive or reserve duty in such military or naval service
(not including, however, in the case of offices, positions and places of
employment in the police department, persons who were convicted by
court-martial of disobedience of orders, where such disobedience consisted
in the refusal to perform military service on the ground of religious or
conscientious objections against war) shall be preferred for appointments
to offices, positions, and places of employment in the fire and police
departments of the municipality coming under the provisions of this
Division 2.1. For purposes of this Section, if a person has been deployed, then "active duty military or naval service of the United States" includes training and service school attendance, as defined in 10 U.S.C. 101(d), which is ordered pursuant to 10 U.S.C. 12301(d). The preference points awarded under this Section shall not be
cumulative.
This amendatory Act of 1973 does not apply to any municipality which is
a home rule unit.
Persons who have participated in that municipality's police explorer or cadet program may be preferred, for a maximum of 2 points, for appointments to offices, positions, and places of employment in municipal police departments under the provisions of this Division.
(Source: P.A. 98-231, eff. 8-9-13.)
(65 ILCS 5/10-2.1-9) (from Ch. 24, par. 10-2.1-9)
Sec. 10-2.1-9.
Original appointments; Preferences; Limitation.
(a) The board of fire and police commissioners shall give preference for
original appointment to persons designated in Section 10-2.1-8 whose names
appear on any register of eligibles resulting from an examination for
original entrance in the classified service of the fire and police
departments of any municipality coming under the provisions of this
Division 2.1 by adding to the final grade average which they receive or
will receive as the result of any examination held for original entrance, 5
points. The board shall also give preference to persons eligible under
subsection (b) as provided in that subsection. The numerical result thus
attained shall be applied by the board of fire and police commissioners in
determining the position of such persons on any eligibility list which has been
created as the result of any examination for original entrance for purposes of
preference in certification and appointment from such eligibility list. The
board shall strike off the names of candidates for original appointment after
such names have been on the list for more than 2 years.
(b) All persons who, on or after the effective date of this amendatory Act
of 1993, have been paid-on-call certified firefighters II, paramedics, or any
combination of those capacities, of the municipality shall be awarded 0.5 point
for each year of successful service in one or more of those capacities, up to a
maximum of 5 points at the time of examination for original appointment to the
classified service of the fire department. Certified firefighters III shall be
awarded one point per year up to a maximum of 5 points. Applicants from
outside the municipality who were employed as full-time firefighters or
firefighter-paramedics by a fire protection district or another municipality
for at least 2 years shall have the same preference as paid-on-call personnel.
These additional points presuppose a rating scale totalling 100 points
available for the eligibility list. If more or fewer points are used in the
rating scale for the eligibility list, the points awarded under this subsection
shall be increased or decreased by a factor equal to the total possible points
available for the examination divided by 100.
No person entitled to additional points under this subsection shall be
required to claim that preference or credit before an examination
is held. The preference shall be given after the posting or publication of the
eligibility list. To qualify for the preference, applicants who are eligible
for credit under this subsection shall make a claim for that credit, in
writing, within 10 days after the posting of the eligibility list, or the claim
shall be deemed waived. Upon request by the board of fire and police
commissioners, the governing body of the municipality or (in the case of
applicants from outside the municipality) the governing body of any fire
protection district or any other municipality shall certify to the board of
fire and police commissioners, within 10 days of the request, the number of
years of successful paid-on-call service of any person. A candidate may not
receive preference points under this subsection if the amount of points awarded
would place the candidate before a veteran on the eligibility list.
(Source: P.A. 88-440.)
(65 ILCS 5/10-2.1-10) (from Ch. 24, par. 10-2.1-10)
Sec. 10-2.1-10.
Promotional preferences.
Every member of the classified service of the fire or police department
of any municipality coming under the provisions of this Division 2.1 who
was engaged in a military or naval service of the United States at anytime
for a period of one year, and who was honorably discharged therefrom, who
is now or who may hereafter be on inactive or reserve duty in such military
or naval service, not including, however, persons who were convicted by
court-martial of disobedience of orders where such disobedience consisted
in the refusal to perform military service on the ground of alleged
religious or conscientious objections against war, and whose name appears
on existing promotional eligibility registers or any promotional
eligibility register that may hereafter be created as provided for by this
Division 2.1 shall be preferred for promotional appointments of the fire or
police department of any municipality coming under the provisions of this
Division 2.1.
(Source: P.A. 76-1898.)
(65 ILCS 5/10-2.1-11) (from Ch. 24, par. 10-2.1-11)
Sec. 10-2.1-11.
Promotional examinations-Credits to veterans.)
The board of fire and police commissioners shall give preference for
promotional appointment to persons designated in Section 10-2.1-10 whose
names appear on promotional eligibility registers by adding to the final
grade average which they will receive as a result of any promotional
examination 7/10 of one point for each 6 months or fraction thereof of
military or naval service not exceeding 30 months. The numerical result
thus attained shall be applied by the board of fire and police
commissioners in determining the position of such persons on any
eligibility list as the result of any promotional examination held for
purposes of preference in certification and appointment from such
eligibility list.
No person shall receive the preference for a promotional appointment
granted by this Division 2.1 after he has received one
promotion from an eligibility list on which he was allowed such preference.
(Source: P.A. 79-702.)
(65 ILCS 5/10-2.1-12) (from Ch. 24, par. 10-2.1-12)
Sec. 10-2.1-12.
Preference-time for allowance.
No person entitled to preference or credit for military or naval service
shall be required to claim military credit for service in the armed forces
before any examination held under the provisions of this Division 2.1 but
such preference shall be given after the posting or publication of the
eligibility list or register at the request of such person before any
certification or appointments are made from the eligibility register, upon
the furnishing of evidence of an honorable discharge from and proof of such
service.
(Source: Laws 1965, p. 2840.)
(65 ILCS 5/10-2.1-13) (from Ch. 24, par. 10-2.1-13)
Sec. 10-2.1-13.
Notice of examination.
Notice of the time and place of every examination shall be given by the
board by a publication at least 2 weeks preceding the examination, in one
or more newspapers published in the municipality, or, if no newspaper is
published therein, then in one or more newspapers with a general
circulation within the municipality, except on promotional examinations,
notice may be waived in writing by all members of the fire or police
department, for which the promotional examination is to be given.
(Source: Laws 1965, p. 2840.)
(65 ILCS 5/10-2.1-14) (from Ch. 24, par. 10-2.1-14)
Sec. 10-2.1-14. Register of eligibles. The board of fire and police
commissioners shall prepare and keep a register of persons whose general
average standing, upon examination, is not less than the minimum fixed by the
rules of the board, and who are otherwise eligible. These persons shall take
rank upon the register as candidates in the order of their relative excellence
as determined by examination, without reference to priority of time of
examination.
The board of fire and police commissioners may prepare and keep a second register of persons who have previously been full-time sworn officers of a regular police department in any municipal, county, university, or State law enforcement agency, provided they are certified by the Illinois Law Enforcement Training Standards Board and have been with their respective law enforcement agency within the State for at least 2 years. The persons on this list shall take rank upon the register as candidates in the order of their relative excellence as determined by members of the board of fire and police commissioners. Applicants who have been awarded a certificate attesting to their successful
completion of the Minimum Standards Basic Law Enforcement Training Course, as
provided in the Illinois Police Training Act, may be given preference in
appointment over noncertified applicants. Applicants for appointment to fire departments who are licensed as an EMT, EMT-I, A-EMT, or paramedic under the Emergency Medical Services (EMS) Systems Act, may be given preference in appointment over non-licensed applicants.
Within 60 days after each examination, an eligibility list
shall be posted by the board, which shall show the final grades of
the candidates without reference to priority of time of examination
and subject to claim for military credit. Candidates who are
eligible for military credit shall make a claim in writing within 10 days after
the posting of the eligibility list or such claim shall be deemed waived.
Appointment shall be subject to a final physical examination.
If a person is placed on an eligibility list and becomes overage before he
or she is appointed to a police or fire department, the person remains eligible
for appointment until the list is abolished pursuant to authorized procedures.
Otherwise no person who has attained the age of 36 years shall be inducted as a
member of a police department and no person who has attained the age of 35
years shall be inducted as a member of a fire department, except as otherwise
provided in this division. With respect to a police department, a veteran shall be allowed to exceed the maximum age provision of this Section by the number of years served on active military duty, but by no more than 10 years of active military duty.
(Source: P.A. 98-973, eff. 8-15-14.)
(65 ILCS 5/10-2.1-15) (from Ch. 24, par. 10-2.1-15)
Sec. 10-2.1-15.
The board, by its rules, shall provide for promotion in the
fire and police departments on the basis of ascertained merit and seniority
in service and examination, and shall provide in all cases, where it is
practicable, that vacancies shall be filled by promotion. All examinations
for promotion shall be competitive among such members of the next lower
rank as desire to submit themselves to examination. All promotions shall be
made from the 3 having the highest rating, and where there are less than 3
names on the promotional eligible register, as originally posted, or
remaining thereon after appointments have been made therefrom, appointments
to fill existing vacancies shall be made from those names or name remaining
on the promotional register except that promotions made in any municipality
with more than 130,000 but less than 2,000,000 population may be made from
the 7 members having the highest rating. The method of examination and the rules
governing examinations for promotion shall be the same as provided for
applicants for original appointment, except that original appointments only
shall be on probation, as provided by the rules. The board shall strike off
the names of candidates for promotional appointment after they have
remained thereon for more than 3 years, provided there is no vacancy
existing which can be filled from the promotional register.
(Source: P.A. 83-761.)
(65 ILCS 5/10-2.1-16) (from Ch. 24, par. 10-2.1-16)
Sec. 10-2.1-16.
Temporary appointments.
In order to prevent a stoppage of public business, to meet extraordinary
exigencies, or to prevent material impairment of either the police or fire
department, the board may make temporary appointments, to remain in force
until regular appointments may be made under the provisions of this
Division 2.1, but never to exceed 60 days. No temporary appointment of any
one person shall be made more than twice in any calendar year.
(Source: Laws 1967, p. 3437.)
(65 ILCS 5/10-2.1-17) (from Ch. 24, par. 10-2.1-17)
Sec. 10-2.1-17. Removal or discharge; investigation of charges;
retirement. Except as hereinafter provided, no officer or member of the fire
or police department of any municipality subject to this Division 2.1 shall be
removed or discharged except for cause, upon written charges, and after an
opportunity to be heard in his own defense.
The hearing shall be as hereinafter provided, unless the employer and the
labor organization representing the person have negotiated an alternative or
supplemental form of due process based upon impartial arbitration as a term of
a collective bargaining agreement. Such
bargaining shall be mandatory unless the parties mutually agree otherwise. Any such alternative agreement shall be permissive.
If the chief of the fire department or the chief of the police department or
both of them are appointed in the manner provided by ordinance, they may be
removed or discharged by the appointing authority. In such case the appointing
authority shall file with the corporate authorities the reasons for such
removal or discharge, which removal or discharge shall not become effective
unless confirmed by a majority vote of the corporate authorities. The board of
fire and police commissioners shall conduct a fair and impartial hearing of
the charges, to be commenced within 30 days of the filing thereof, which
hearing may be continued from time to time. In case an officer or member
is found guilty, the board may discharge him, or may suspend him not
exceeding 30 days without pay. The board may suspend any officer or
member pending the hearing with or without pay, but not to exceed 30
days. If the Board of Fire and Police Commissioners determines that the
charges are not sustained, the officer or member shall be reimbursed for
all wages withheld, if any. In the conduct of this hearing, each member
of the board shall have power to administer oaths and affirmations, and
the board shall have power to secure by its subpoena both the attendance
and testimony of witnesses and the production of books and papers
relevant to the hearing.
The age for retirement of policemen or firemen in the service of any
municipality which adopts this Division 2.1 is 65 years, unless the
Council or Board of Trustees shall by ordinance provide for an earlier
retirement age of not less than 60 years.
The provisions of the Administrative Review Law, and all amendments and
modifications thereof, and the rules
adopted pursuant thereto, shall apply to and govern all proceedings for
the judicial review of final administrative decisions of the board of
fire and police commissioners hereunder. The term "administrative
decision" is defined as in Section 3-101 of the Code of Civil Procedure.
Nothing in this Section shall be construed to prevent the chief of
the fire department or the chief of the police department from
suspending without pay a member of his department for a period of not
more than 5 calendar days, but he shall notify the board in writing of such
suspension.
The hearing shall be as hereinafter provided, unless the employer and the
labor organization representing the person have negotiated an alternative or
supplemental form of due process based upon impartial arbitration as a term of
a collective bargaining agreement. Such
bargaining shall be
mandatory unless the parties mutually agree otherwise. Any such alternative agreement shall be permissive.
Any policeman or fireman so suspended may appeal to the board of fire and
police commissioners for a review of the suspension within 5 calendar days
after such suspension, and upon such appeal, the board may sustain the action
of the chief of the department, may reverse it with instructions that the man
receive his pay for the period involved, or may suspend the officer for an
additional period of not more than 30 days or discharge him, depending upon
the facts presented.
(Source: P.A. 95-356, eff. 8-23-07.)
(65 ILCS 5/10-2.1-18) (from Ch. 24, par. 10-2.1-18)
Sec. 10-2.1-18. Fire or police departments - Reduction of force -
Reinstatement. When the force of the fire department or of the police
department is reduced, and positions displaced or abolished, seniority
shall prevail and the officers and members so reduced in rank, or removed
from the service of the fire department or of the police department shall
be considered furloughed without pay from the positions from which they
were reduced or removed.
Such reductions and removals shall be in strict compliance with
seniority and in no event shall any officer or member be reduced more than
one rank in a reduction of force. Officers and members with the least
seniority in the position to be reduced shall be reduced to the next lower
rated position. For purposes of determining which officers and members
will be reduced in rank, seniority shall be determined by adding the time
spent at the rank or position from which the officer or member is to be
reduced and the time spent at any higher rank or position in the
Department. For purposes of determining which officers or members in the
lowest rank or position shall be removed from the Department in the event
of a layoff, length of service in the Department shall be the basis for
determining seniority, with the least senior such officer or member being
the first so removed and laid off. Such officers or members laid off shall
have their names placed on an appropriate reemployment list in the reverse
order of dates of layoff.
If any positions which have been vacated because of reduction in forces
or displacement and abolition of positions, are reinstated, such members
and officers of the fire department or of the police department as are
furloughed from the said positions shall be notified by the board by
registered mail of such reinstatement of positions and shall have prior
right to such positions if otherwise qualified, and in all cases seniority
shall prevail. Written application for such reinstated position must be
made by the furloughed person within 30 days after notification as above
provided and such person may be required to submit to examination by
physicians, advanced practice registered nurses, or physician assistants of both the board of fire and police commissioners and the
appropriate pension board to determine his physical fitness.
(Source: P.A. 99-581, eff. 1-1-17; 100-513, eff. 1-1-18.)
(65 ILCS 5/10-2.1-19) (from Ch. 24, par. 10-2.1-19)
Sec. 10-2.1-19.
Annual report-budget request.
Annually, at any time the corporate authorities may provide, the board
of fire and police commissioners shall submit to the mayor or president a
report of its activities, and of the rules in force and the practical
effect thereof. In this report the board may make suggestions which the
board believes would result in greater efficiency in the fire or police
department. The board shall also submit an annual budget request to the
municipal governing body prior to the end of each fiscal year. The mayor or
president shall transmit the report to the city council or board of
trustees.
(Source: Laws 1965, p. 2840.)
(65 ILCS 5/10-2.1-20) (from Ch. 24, par. 10-2.1-20)
Sec. 10-2.1-20.
Secretary of board-duties-seal of board.
The board may employ a secretary, or may designate one of its own
members to act as secretary. The secretary (1) shall keep the minutes of
the board's proceedings, (2) shall be the custodian of all records
pertaining to the business of the board, (3) shall keep a record of all
examinations held, (4) shall perform all other duties the board prescribes,
and (5) shall be custodian of the seal of the board, if one is adopted, and
the board is hereby authorized to adopt an official seal and to prescribe
the form thereof by resolution of the board.
(Source: Laws 1965, p. 2840.)
(65 ILCS 5/10-2.1-21) (from Ch. 24, par. 10-2.1-21)
Sec. 10-2.1-21.
Rooms and funds for operation of boards.
The corporate authorities shall provide suitable rooms for the board of
fire and police commissioners, and shall allow reasonable use of public
buildings for holding examinations by the board and shall further provide
adequate funds in the annual appropriation ordinance for the operation of
the board.
(Source: Laws 1965, p. 2840.)
(65 ILCS 5/10-2.1-22) (from Ch. 24, par. 10-2.1-22)
Sec. 10-2.1-22.
Compensation of secretary and members of board.
The secretary may be paid a reasonable compensation for his services, to
be fixed by the corporate authorities. The corporate authorities may also
fix the compensation to be paid to the members of the board, but until the
corporate authorities make provision therefor, the members of the board
shall serve without compensation.
(Source: Laws 1965, p. 2840.)
(65 ILCS 5/10-2.1-23) (from Ch. 24, par. 10-2.1-23)
Sec. 10-2.1-23.
Disability or military leave-Grant by board.
A person holding a position in a fire or police department who is
injured while in the performance of his duties and because of such injury
is temporarily unable to continue to perform his duties or who enters the
military or naval service of the United States because of a war in which
the United States is a party belligerent or as required by any Act of
Congress shall, upon written application to the board, be granted a
disability or military leave, as the case may be.
(Source: Laws 1965, p. 2840.)
(65 ILCS 5/10-2.1-24) (from Ch. 24, par. 10-2.1-24)
Sec. 10-2.1-24.
Return to active duty.
A person who has been on disability or military leave granted by the
board and who wishes to return to active duty in his certified position
shall be credited with seniority for the period of such leave and, if
otherwise qualified, shall be reinstated to his certified position at the
rank or grade held at the start of the leave, not more than 60 days after
his written request for reinstatement is filed with the board. Such request
shall be filed not more than 30 days after termination of the disability or
military or naval service.
(Source: Laws 1965, p. 2840.)
(65 ILCS 5/10-2.1-25) (from Ch. 24, par. 10-2.1-25)
Sec. 10-2.1-25.
Attorney for board.
The municipal attorney, in the event there is a separate attorney
designated as a prosecutor for such municipality, shall represent the board
unless the board is authorized by the municipality to employ its own
attorney, and such attorney shall handle prosecutions before the board, but
in the event that the municipal attorney shall both represent the
municipality and be prosecutor in such municipality, then and in such event
the governing body is hereby authorized to employ an attorney of its own
choosing to represent said board.
(Source: Laws 1965, p. 2840.)
(65 ILCS 5/10-2.1-26) (from Ch. 24, par. 10-2.1-26)
Sec. 10-2.1-26.
Application of the Act.
The provisions of this Division shall apply only to full-time firemen
and full-time policemen of a regularly constituted fire or police
department and not to any other personnel of any kind or description.
(Source: Laws 1965, p. 2840.)
(65 ILCS 5/10-2.1-27) (from Ch. 24, par. 10-2.1-27)
Sec. 10-2.1-27.
Adoption.
The electors of any municipality with less than 5,000 inhabitants may
adopt this Division 2.1 in the following manner: Whenever the electors
of such a municipality equal in number to 20% of the number of legal
votes cast at the last preceding general municipal election petition the
municipal clerk
to submit the proposition whether that municipality shall adopt this
Division 2.1, then the clerk shall
certify the proposition to the proper election authority
for submission at an election
in accordance with the general election law. If the proposition is
not adopted at that election, it may be submitted in like manner at any
general municipal election thereafter.
The proposition shall be substantially in the following form:
--------------------------------------------------------------
Shall the city (or village
or incorporated town) of.... YES
adopt Division 2.1 of Article 10
of the Illinois Municipal Code ---------------------
providing for the appointment
of a board of fire and NO
police commissioners?
--------------------------------------------------------------
If a majority of the votes cast on this proposition at any such
election are for the proposition, this Division 2.1 is adopted in that
municipality.
(Source: P.A. 81-1489.)
(65 ILCS 5/10-2.1-28) (from Ch. 24, par. 10-2.1-28)
Sec. 10-2.1-28.
Savings clause-construction.
The repeal of a statute or part thereof by this Act shall not affect any
action pending or rights existing at the time this Act takes effect.
The provisions of this Act insofar as they are the same or substantially
the same as those of any prior statute, shall be construed as a
continuation of such prior statute and not as a new enactment.
If in any other statute reference is made to an Act of the General
Assembly, or a Section of such an Act, which is continued in this Division,
such reference shall be held to refer to the Division or Section thereof so
continued in this Division.
(Source: Laws 1965, p. 2840.)
(65 ILCS 5/10-2.1-29) (from Ch. 24, par. 10-2.1-29)
Sec. 10-2.1-29.
Governing provisions.
This Division is subject to the provisions of the "Illinois Police
Training Act", approved August 18, 1965 and the provisions of the "Illinois
Fire Protection Training Act", certified November 9, 1971.
This amendatory Act of 1973 is not a limit on any municipality which is
a home rule unit.
(Source: P.A. 78-951.)
(65 ILCS 5/10-2.1-30) (from Ch. 24, par. 10-2.1-30)
Sec. 10-2.1-30.
Any full time member of a regular fire department of a Fire
Protection
District which was discontinued and whose obligations were assumed by a
municipality under Section 21 of "An Act in Relation to Fire Protection
Districts", who has served at least one year as a full time member of such
department, shall become a member of the classified service of the fire
department in the municipality in the position held by him at the time of
such discontinuance, without examination and age limitation.
(Source: P.A. 77-244; 77-1438.)
(65 ILCS 5/10-2.1-31)
Sec. 10-2.1-31. Emergency medical technician licensure. The corporate authorities of any municipality may require that all firefighters hired by the municipality on or after January 1, 2009 (the effective date of Public Act 95-935) be licensed as an EMT, EMT-I, A-EMT, or paramedic under the Emergency Medical Services (EMS) Systems Act.
(Source: P.A. 98-973, eff. 8-15-14.)
(65 ILCS 5/Art. 10 Div. 3 heading)
(65 ILCS 5/10-3-1) (from Ch. 24, par. 10-3-1)
Sec. 10-3-1. The salary to be paid to a policeman in any municipality with
5,000 or more inhabitants but with less than 25,000 inhabitants, shall be
not less than $500 per month. The salary to be paid to a policeman in any
municipality with 25,000 or more inhabitants but with less than 50,000
inhabitants shall be not less than $550 per month. The salary to be paid to
a policeman in any municipality with 50,000 or more inhabitants but with
less than 250,000 inhabitants shall be not less than $600 per month.
In this Section 10-3-1 "policeman" means any member of a regularly
constituted police department of a municipality, sworn and commissioned to
perform police duties, and includes the chief of police, assistant chief of
police, chief of detectives, captains, lieutenants, sergeants, plain
clothes men and patrolmen. The term "policeman" as used in this Section
10-3-1 does not include any of the following persons: Part time policemen,
special policemen, auxiliary police officers, policemen serving initial
probationary periods, night watchmen, temporary employees, clerks or other
civilian employees of a police department, traffic guards, civilian parking
meter and parking facilities personnel or so-called auxiliary police officers
specially appointed to aid or direct traffic at or near schools or public
functions, or to aid in civilian defense, or special policemen temporarily
employed or commissioned as police officers.
(Source: P.A. 94-984, eff. 6-30-06.)
(65 ILCS 5/10-3-2) (from Ch. 24, par. 10-3-2)
Sec. 10-3-2.
The salary to be paid to a fireman in any municipality with 5,000 or
more inhabitants but with less than 25,000 inhabitants, shall be not less
than $500 per month. The salary to be paid to a fireman in any municipality
with 25,000 or more inhabitants but with less than 50,000 inhabitants,
shall be not less than $550 per month. The salary to be paid to a fireman
in any municipality with 50,000 or more inhabitants but with less than
250,000 inhabitants shall be not less than $600 per month.
In this Section 10-3-2, "fireman" means any member of a regularly
constituted fire department of a municipality, appointed or commissioned to
perform fire fighting duties, and includes the fire chief, assistant fire
chief, captain, engineer, driver, ladder man, hose man, pipe man, and any
other member of a regularly constituted fire department. The term "fireman"
as used in this Section 10-3-2 does not mean any cadet, special fireman
temporarily employed or firemen serving initial probationary periods.
This amendatory Act of 1973 does not apply to any municipality which is
a home rule unit.
(Source: P.A. 78-402.)
(65 ILCS 5/10-3-3) (from Ch. 24, par. 10-3-3)
Sec. 10-3-3.
Subject to the exemptions enumerated in Section 10-3-4, no person
employed in the fire department of any municipality having a population of
over 10,000 shall be required to remain on duty in his employment for
periods of time which, in the aggregate in any month, amount to more than
56 hours for each week in that month.
(Source: P.A. 77-527.)
(65 ILCS 5/10-3-3.1)
Sec. 10-3-3.1. Distinct police and fire duties. A non-home rule municipality shall not assign a "fireman", as defined in Section 10-3-2, to perform police duties or a "policeman", as defined in Section 10-3-1, to perform firefighting duties or in any way combine the duties of a fireman or a policeman after his or her appointment from a police department or fire department register of eligibles. A non-home rule municipality shall not administer its fire department's or police department's regular work assignments in a manner inconsistent with this Section. This Section does not apply to any municipality that created a department of public safety before January 1, 1998.
(Source: P.A. 94-720, eff. 1-6-06.)
(65 ILCS 5/10-3-4) (from Ch. 24, par. 10-3-4)
Sec. 10-3-4.
The provisions of Section 10-3-3 do not apply:
(Source: Laws 1961, p. 576.)
(65 ILCS 5/10-3-5) (from Ch. 24, par. 10-3-5)
Sec. 10-3-5.
Any mayor, president, commissioner, alderperson, or trustee, who
violates the provisions of Section 10-3-3, is guilty of a Class B
misdemeanor.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/10-3-6) (from Ch. 24, par. 10-3-6)
Sec. 10-3-6.
In all cities and villages which have adopted "An Act to
regulate the hours of labor of employees in the fire department in cities
and villages," approved June 26, 1913, as therein provided for, or which
adopt this section as provided for in Section 10-3-7, no employee of the
fire department shall be compelled to be on duty more than 10 consecutive
hours during the period between sunrise and sunset, nor more than 14
consecutive hours during the period between sunset and sunrise.
The head or chief officer of the department shall so arrange the working
hours of the employees of the department that each employee shall work, as
near as may be, an equal number of hours per month. However, the head or
chief officer of the department, his aids or assistants, in their
discretion, in cases of great emergency or necessity, may require the
employees to continue at their work or duties until, in the judgment of the
head or chief of the department, his aids or assistants, the work or
services of the employees is no longer required.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/10-3-7) (from Ch. 24, par. 10-3-7)
Sec. 10-3-7.
The electors of any city or village may adopt the
provisions of Section 10-3-6 in the following manner: Whenever the
electors in any city or village equal in number to 5% of the number of
legal votes cast at the last preceding general municipal election
petition the city or village clerk for the submission of the proposition as
to whether that city
or village shall adopt the provisions of Section 10-3-6 of the Illinois
Municipal Code, that clerk shall certify
the proposition for submission at the next
succeeding general municipal election, and if the proposition is not
adopted at that election it may be submitted in like manner at any
general municipal election thereafter.
The proposition shall be in substantially the following form:
--------------------------------------------------------------
Shall the provisions of Section
10-3-6 of the Illinois Municipal Code, YES
providing for the regulation of --------------------
working hours of employees in the NO
fire department, be adopted?
--------------------------------------------------------------
If a majority of the electors in the municipality voting thereon vote
for the adoption of Section 10-3-6, it is adopted by and shall be in
force in that municipality.
(Source: P.A. 81-1489.)
(65 ILCS 5/10-3-8) (from Ch. 24, par. 10-3-8)
Sec. 10-3-8.
Whenever a dispute exists concerning wages, hours of labor, or
conditions of employment of members of the fire department of any
municipality with a population of 5,000 or more, a firemen's arbitration
board shall be appointed as provided in Section 10-3-9.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/10-3-9) (from Ch. 24, par. 10-3-9)
Sec. 10-3-9.
The firemen's arbitration board shall consist of 5 members, 4
of whom shall be appointed by the corporate authorities. In making 2 of
such appointments the corporate authorities shall give due consideration to
the recommendations of members of the fire department. The 4 members
appointed by the corporate authorities shall select a fifth member of the
board. The firemen's arbitration board shall meet and organize as soon as
possible after its appointment. Such board shall select from its membership
a chairman and such other officers as it deems necessary.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/10-3-10) (from Ch. 24, par. 10-3-10)
Sec. 10-3-10.
The firemen's arbitration board shall conduct hearings with
dispatch for the purpose of hearing evidence relevant to the subject of the
dispute and shall, as soon as practicable, report its findings and
recommendations to the corporate authorities and to any organization of the
firemen of the municipality. Such board's recommendation shall be advisory
only and shall not be binding upon the municipality or upon the members of
the fire department.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/10-3-11) (from Ch. 24, par. 10-3-11)
Sec. 10-3-11.
Members of the firemen's arbitration board shall serve
without compensation, but the expenses of any hearings conducted by such
board shall be borne by the municipality.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/10-3-12) (from Ch. 24, par. 10-3-12)
Sec. 10-3-12.
(a) A fireman who is an elected state officer of a
statewide labor organization that is a representative of municipal firemen
in Illinois shall be granted leave by the municipality, without loss of pay
or benefits and without being required to make up for lost time,
for work hours devoted to performing the fireman's responsibilities
as an elected state officer of the statewide labor organization;
provided that the elected officer has arranged for a fireman from the same
municipality who is qualified to perform the absent fireman's duties
to work for those hours. This Section shall not apply to any municipality
with a population of 1,000,000 or more.
(b) The statewide labor organization shall, by May 1 of each year:
(c) The regulation of leave for a fireman who is employed by a
municipality with a population of less than 1,000,000 and who is an elected
state officer of a statewide labor organization in Illinois, while he is
performing the duties of that office, is an exclusive power and function of
the State. Pursuant to subsection (h) of Section 6 of Article VII of the
Illinois Constitution, a home rule municipality with a population of less
than 1,000,000 may not regulate the leave of a fireman for work hours
devoted to the fireman's responsibilities as an elected state officer of a
statewide labor organization. This Section is a denial and limitation of
home rule powers.
(d) For the purposes of this Section:
"Statewide labor organization" means an organization representing
firefighters employed by at least 85 municipalities in this State, that is
affiliated with the Illinois State Federation of Labor.
"Elected state officer" means a full-time firefighter who is one of the
9 top elected officers of the statewide labor organization.
(Source: P.A. 101-81, eff. 7-12-19.)
(65 ILCS 5/Art. 10 Div. 4 heading)
(65 ILCS 5/10-4-1) (from Ch. 24, par. 10-4-1)
Sec. 10-4-1.
The corporate authorities of any municipality may provide by
ordinance in regard to the relation between all municipal officers and
employees in respect to each other, the municipality, and the people.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/10-4-2) (from Ch. 24, par. 10-4-2)
Sec. 10-4-2. Group insurance.
(a) The corporate authorities of any municipality may arrange
to provide, for the benefit of employees of the municipality, group life,
health, accident, hospital, and medical insurance, or any one or any
combination of those types of insurance, and may arrange to provide that
insurance for the benefit of the spouses or dependents of those employees.
The insurance may include provision for employees or other insured persons
who rely on treatment by prayer or spiritual means alone for healing in
accordance with the tenets and practice of a well recognized religious
denomination. The corporate authorities may provide for payment by the
municipality of a portion of the premium or charge for the insurance with
the employee paying the balance of the premium or charge. If the corporate
authorities undertake a plan under which the municipality pays a portion of
the premium or charge, the corporate authorities shall provide for
withholding and deducting from the compensation of those municipal
employees who consent to join the plan the balance of the premium or charge
for the insurance.
(b) If the corporate authorities do not provide for a plan under which
the municipality pays a portion of the premium or charge for a group
insurance plan, the corporate authorities may provide for withholding
and deducting from the compensation of those employees who consent thereto
the premium or charge for any group life, health, accident, hospital, and
medical insurance.
(c) The corporate authorities may exercise the powers granted in this
Section only if the kinds of group insurance are obtained from an
insurance company authorized to do business
in the State of Illinois,
or are obtained through an
intergovernmental joint self-insurance pool as authorized under the
Intergovernmental Cooperation Act.
The
corporate authorities may enact an ordinance prescribing the method of
operation of the insurance program.
(d) If a municipality, including a home rule municipality, is a
self-insurer for purposes of providing health insurance coverage for its
employees, the insurance coverage shall include screening by low-dose
mammography for all women 35 years of age or older for the presence of
occult breast cancer unless the municipality elects to provide mammograms
itself under Section 10-4-2.1. The coverage shall be as follows:
A policy subject to this subsection shall not impose a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage provided; except that this sentence does not apply to coverage of diagnostic mammograms to the extent such coverage would disqualify a high-deductible health plan from eligibility for a health savings account pursuant to Section 223 of the Internal Revenue Code (26 U.S.C. 223).
For purposes of this subsection:
"Diagnostic
mammogram" means a mammogram obtained using diagnostic mammography.
"Diagnostic
mammography" means a method of screening that is designed to
evaluate an abnormality in a breast, including an abnormality seen
or suspected on a screening mammogram or a subjective or objective
abnormality otherwise detected in the breast.
"Low-dose mammography"
means the x-ray examination of the breast using equipment dedicated
specifically for mammography, including the x-ray tube, filter, compression
device, and image receptor, with an average radiation exposure
delivery of less than one rad per breast for 2 views of an average size breast. The term also includes digital mammography.
(d-5) Coverage as described by subsection (d) shall be provided at no cost to the insured and shall not be applied to an annual or lifetime maximum benefit.
(d-10) When health care services are available through contracted providers and a person does not comply with plan provisions specific to the use of contracted providers, the requirements of subsection (d-5) are not applicable. When a person does not comply with plan provisions specific to the use of contracted providers, plan provisions specific to the use of non-contracted providers must be applied without distinction for coverage required by this Section and shall be at least as favorable as for other radiological examinations covered by the policy or contract.
(d-15) If a municipality, including a home rule municipality, is a self-insurer for purposes of providing health insurance coverage for its employees, the insurance coverage shall include mastectomy coverage, which includes coverage for prosthetic devices or reconstructive surgery incident to the mastectomy. Coverage for breast reconstruction in connection with a mastectomy shall include:
A municipality, including a home rule municipality, that is a self-insurer for purposes of providing health insurance coverage for its employees, may not penalize or reduce or limit the reimbursement of an attending provider or provide incentives (monetary or otherwise) to an attending provider to induce the provider to provide care to an insured in a manner inconsistent with this Section.
(d-20) The
requirement that mammograms be included in health insurance coverage as
provided in subsections (d) through (d-15) is an exclusive power and function of the
State and is a denial and limitation under Article VII, Section 6,
subsection (h) of the Illinois Constitution of home rule municipality
powers. A home rule municipality to which subsections (d) through (d-15) apply must
comply with every provision of those subsections.
(e) Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized.
(Source: P.A. 100-863, eff. 8-14-18; 101-580, eff. 1-1-20.)
(65 ILCS 5/10-4-2.1) (from Ch. 24, par. 10-4-2.1)
Sec. 10-4-2.1.
Mammograms.
A municipality, including a home rule
municipality, that does not provide insurance coverage of mammograms under
Section 10-4-2 shall itself provide or cause to be provided to its
employees mammograms that meet the requirements set forth in that Section.
The requirement that mammograms be provided by municipalities as provided
in this Section is an exclusive power and function of the State and is a
denial and limitation under Article VII, Section 6, subsection (h) of the
Illinois Constitution of home rule municipality powers. A home rule
municipality to which this Section applies must comply with every provision
of this Section.
(Source: P.A. 87-780.)
(65 ILCS 5/10-4-2.2)
Sec. 10-4-2.2.
Post-parturition care.
If a municipality,
including a home rule municipality, is a self-insurer for purposes of providing
health insurance coverage for its employees, the coverage shall include
coverage for the post-parturition care benefits required to be covered by a
policy of accident and health insurance under Section 356s of the
Illinois Insurance Code. The requirement that post-parturition care be covered
as provided in this Section is an exclusive power and function of the State and
is a denial and limitation under Article VII, Section 6, subsection (h) of the
Illinois Constitution. A home rule municipality to which this Section applies
must comply with every provision of this Section.
(Source: P.A. 89-513, eff. 9-15-96; 90-14, eff. 7-1-97.)
(65 ILCS 5/10-4-2.3)
Sec. 10-4-2.3. Required health benefits. If a municipality, including a
home rule municipality, is a self-insurer for purposes of providing health
insurance coverage for its employees, the coverage shall include coverage for
the post-mastectomy care benefits required to be covered by a policy of
accident and health insurance under Section 356t and the coverage required
under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, and 356z.60 of the Illinois
Insurance
Code. The coverage shall comply with Sections 155.22a, 355b, 356z.19, and 370c of
the Illinois Insurance Code. The Department of Insurance shall enforce the requirements of this Section. The requirement that health
benefits be covered as provided in this is an exclusive power and function of
the State and is a denial and limitation under Article VII, Section 6,
subsection (h) of the Illinois Constitution. A home rule municipality to which
this Section applies must comply with every provision of this Section.
Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized.
(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20; 101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23.)
(65 ILCS 5/10-4-2.5)
Sec. 10-4-2.5.
Woman's health care provider.
The corporate authorities of
all municipalities are subject to the provisions of Section 356r of the
Illinois Insurance Code. The requirement under this Section that health care
benefits provided by municipalities comply with Section 356r of the Illinois
Insurance Code is an exclusive power and function of the State and is a denial
and limitation of home rule municipality powers under Article VII, Section 6,
subsection (h) of the Illinois Constitution.
(Source: P.A. 89-514, eff. 7-17-96; 90-14, eff. 7-1-97.)
(65 ILCS 5/10-4-2.8)
Sec. 10-4-2.8.
Managed Care Reform and Patient Rights Act.
The corporate
authorities
of all municipalities are subject to the provisions of the Managed Care Reform
and
Patient Rights Act. The
requirement
under this
Section that health care benefits provided by municipalities comply with the
Managed Care Reform and Patient Rights Act is an exclusive power and function
of
the State
and is a denial and limitation of home rule municipality powers under Article
VII, Section 6, subsection (h) of the Illinois Constitution.
(Source: P.A. 91-617, eff. 1-1-00.)
(65 ILCS 5/10-4-3) (from Ch. 24, par. 10-4-3)
Sec. 10-4-3.
The corporate authorities of any municipality may withhold and
deduct from the compensation of each of its employees who consents thereto,
a specified amount each pay period for the purchase of United States
Savings Bonds for the benefit of such employee and in such denomination as
may be stated. The account of each employee shall be kept separate. As
often as the individual account of any such employee contains a credit
sufficient to purchase a bond of the denomination stated, the withholding
officer shall arrange for or make such purchase as directed by such
employee, and shall deliver such bond to such employee.
Whenever any employee is separated from municipal service, any sum to
his credit in such withheld compensation funds shall be paid to him or to
his estate on request.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/10-4-4) (from Ch. 24, par. 10-4-4)
Sec. 10-4-4.
In municipalities of more than 500,000, the corporate
authorities may investigate the enforcement of the municipal ordinances,
rules and regulations, and the action, conduct and efficiency of all
officers, agents and employees of the municipality. In the conduct of
such investigations the corporate authorities may hold public hearings.
Each member of the corporate authorities shall have power to administer
oaths, and the clerk of the municipality, by order of the corporate
authorities, shall issue subpoenas to secure the attendance and
testimony of witnesses and the production of books and papers relevant
to such investigations and to any hearing before the corporate
authorities or any member thereof.
Any circuit court of this state upon application of the
corporate authorities, or any member thereof, may in its
discretion compel the attendance of witnesses, the production of books
and papers, and the giving of testimony before the corporate authorities
or any member thereof, by attachment for contempt or otherwise in the
same manner as the production of evidence may be compelled before the
court.
(Source: P.A. 81-282.)
(65 ILCS 5/10-4-5) (from Ch. 24, par. 10-4-5)
Sec. 10-4-5.
The corporate authorities of a municipality shall not pass
any ordinance requiring a municipal employee who is under the age of 56 to
retire.
No home rule unit, as defined in Article VII of the Illinois Constitution,
shall have the power to change, alter or amend in any way the provisions
of this Section, and it is declared to be the law in this State, pursuant
to paragraphs (h) and (i) of Section 6 of Article VII of the Constitution,
that the establishment of a mandatory retirement age below the age of 56
for employees of a municipality is an exercise of exclusive State power
which may not be exercised concurrently by a home rule unit.
(Source: P.A. 82-536.)
(65 ILCS 5/10-4-6) (from Ch. 24, par. 10-4-6)
Sec. 10-4-6.
In municipalities of more than 500,000 population,
applications for examination for and appointment to positions as
firefighters or police shall be made available at various branches of the
public library of the municipality. It is declared to be the law of this
State, pursuant to paragraph (g) of Section 6 of Article VII of the
Illinois Constitution, that this Section is a denial of the power of a home
rule unit to fail to make applications available as required by this Section.
(Source: P.A. 85-1342.)
(65 ILCS 5/10-4-7) (from Ch. 24, par. 10-4-7)
Sec. 10-4-7.
Persons in fire service.
In any municipality with a
population under 10,000 that is located in a county with a population over
3,000,000 and that maintains a firefighters' pension fund under Article 4
of the Illinois Pension Code, persons who participate in that pension fund
and who have served at any time between July 1, 1976 and July 1, 1978 in
the position of protective inspection officer or administrative assistant
for fire services shall, if the position included firefighting duties, be
entitled to receive service credit in that pension fund for such service,
notwithstanding that such persons may not have held civil service
appointments as firefighters, provided that application is made to the
pension fund by July 1, 1992, and the corresponding employee contributions
are paid, based on the compensation received for such service and the
contribution rates in effect during such service for firefighters in the
pension fund, plus interest thereon at the rate of 6% per year, compounded
annually, from July 1, 1988 to the date of payment.
(Source: P.A. 87-782; 87-847; 87-895.)
(65 ILCS 5/10-4-8)
Sec. 10-4-8.
Power to deduct wages for debts.
(a) Upon receipt of notice from the comptroller of a county with a
population
of 3,000,000 or more,
the Cook County Forest Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Board of Education, or a
housing authority of a municipality with a population of 500,000 or more
that a debt is due and owing the county, the Cook County Forest Preserve
District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education, or the housing authority
by an employee of
a municipality with a population of 500,000 or more, the municipality may
withhold, from the compensation of that employee, the amount of the debt that
is due and owing and pay the amount withheld to the county, the Cook County
Forest Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education, or the housing authority; provided, however
that the amount deducted from any one salary or wage payment shall not exceed
25% of the net amount of the payment.
(b) Before the municipality deducts any amount from any salary or wage of an
employee under this Section, the county, the Cook County Forest Preserve
District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education, or the housing authority
shall certify that (i) the employee has
been afforded an opportunity for a hearing to dispute the debt that is due and
owing the county, the Cook County Forest Preserve District, the Chicago Park
District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education, or the housing authority
and (ii) the employee has received notice of a wage deduction order and has
been afforded an opportunity for a hearing to object to the order.
(c) For purposes of this Section:
(d) Nothing in this Section is intended to affect the power of a
municipality to withhold the amount of any debt that is due and owing the
municipality by any of its employees.
(Source: P.A. 92-109, eff. 7-20-01.)
(65 ILCS 5/10-4-10)
Sec. 10-4-10. Compliance with ITAP requirements. A municipality must comply with the requirements of Section 405-335 of the Department of Central Management Services Law of the Civil Administrative Code of Illinois concerning the Illinois Transparency and Accountability Portal (ITAP). A municipality may not submit employment information for the ITAP in a manner that is inconsistent with the requirements of Section 405-335 of the Department of Central Management Services Law of the Civil Administrative Code of Illinois. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule municipalities of powers and functions exercised by the State.
(Source: P.A. 97-744, eff. 1-1-13.)
(65 ILCS 5/10-4-12)
Sec. 10-4-12. Cessation of existing municipal fire departments.
If a city or village with 500 or more residents owns, operates, or maintains any fire department or departments, that city or village may not cease the operation and maintenance of that fire department or those fire departments unless the proposed cessation is first submitted by referendum to the voters of the city or village as provided by Section 15b of the Fire Protection District Act.
(Source: P.A. 98-666, eff. 1-1-15.)
(65 ILCS 5/Art. 10 Div. 5 heading)
(65 ILCS 5/10-5-1) (from Ch. 24, par. 10-5-1)
Sec. 10-5-1.
Every city, village or incorporated town in this State, which
adopts this Division 5, as hereinafter provided, now having or which may
hereafter have a volunteer fire department or a fire department composed in
part of volunteer firemen, shall procure, in the name and for the benefit
of the volunteer members of such fire department, a policy or policies of
insurance, conditioned as hereinafter provided.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/10-5-2) (from Ch. 24, par. 10-5-2)
Sec. 10-5-2.
Each such policy of insurance shall provide for the payment to every
volunteer member of such fire department receiving any injury, which injury
was sustained through accidental means and was caused by and arose out of
the duties of such member as a volunteer fireman, causing a disability
which prevents such member from pursuing his usual vocation, as follows:
In such cities, villages and incorporated towns having a population of
less than 1,000, a weekly indemnity of not less than $20,
In such cities, villages and incorporated towns having a population of
1,000 or more, a weekly indemnity of not less than $30.
Every such policy shall further provide:
This amendatory act of 1973 does not apply to any municipality which is
a home rule unit.
(Source: P.A. 99-143, eff. 7-27-15.)
(65 ILCS 5/10-5-3) (from Ch. 24, par. 10-5-3)
Sec. 10-5-3.
For the purposes of this Division 5, "volunteer fireman"
or "volunteer member" means a person having regular employment, at work
other than that of a fireman, but who is carried on the rolls of a
regularly constituted fire department either for the purpose of the prevention
or control of fire or the underwater recovery of drowning victims, the members
of which are under
the jurisdiction of the corporate authorities of city, village or
incorporated town and who may receive some compensation for his services
as a fireman. "Volunteer fireman" or "volunteer member" does not mean an
individual who volunteers assistance and is not a regularly enrolled
fireman. However, nothing herein contained shall be construed to
prohibit any city, village or incorporated town from procuring insurance
to cover persons acting as firemen who are not regularly enrolled as
such.
(Source: P.A. 80-597.)
(65 ILCS 5/10-5-4) (from Ch. 24, par. 10-5-4)
Sec. 10-5-4.
If the corporate authorities of any city, village or
incorporated town, which adopts this Division 5, neglect, refuse or fail to
procure the insurance policies prescribed in this Division 5, within 30
days after the adoption hereof, except as provided in Section 10-5-5,
neglect, refuse or fail to keep such policies in force, then such city,
village or incorporated town shall be liable in an action at law to such
volunteer firemen or their estates, as the case may be, for all amounts
which would have been payable under the provisions of such insurance
policies had such policies been procured by such city, village or
incorporated town.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/10-5-5) (from Ch. 24, par. 10-5-5)
Sec. 10-5-5.
Any city, village or incorporated town which, at the time it
adopts this Division 5, is carrying insurance policies with provisions for
the payment of indemnities to volunteer firemen, shall have one year from
such time within which to procure insurance policies containing provisions
which meet the requirements of this Division 5.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/10-5-6) (from Ch. 24, par. 10-5-6)
Sec. 10-5-6.
Whenever the legal voters of such city, village or
incorporated town equal in number to 10% of the legal votes cast at the
last preceding general municipal election petition the city, village or
incorporated town clerk for the submission of the proposition as
to whether such city,
village or incorporated town, shall adopt the provisions of this
Division 5, then such clerk shall certify
the proposition accordingly, for submission
at an election in accordance
with the general election law, and if such proposition be not
adopted at such election, the same may in like manner be submitted to
any general municipal election thereafter.
The proposition shall be substantially
in the following form:
--------------------------------------------------------------
Shall the city (or village or
incorporated town) of.... adopt YES
Division 5 of Article 10 of the --------------------
Illinois Municipal Code providing for NO
insurance coverage for volunteer firemen?
--------------------------------------------------------------
If a majority of the votes cast upon such proposition
shall be for such proposition, then this Division 5 shall be in force in
such city, village or incorporated town, as of the beginning of the
third month of the next fiscal year of such city, village or
incorporated town.
(Source: P.A. 81-1489.)
(65 ILCS 5/Art. 10 Div. 6 heading)
Structure Illinois Compiled Statutes
65 ILCS 5/ - Illinois Municipal Code.
Article 1 - General Provisions
Article 2 - Organization Of Municipalities
Article 4 - Commission Form Government
Article 5 - Managerial Form Of Municipal Government
Article 6 - Strong Mayor Form Government
Article 9 - Local Improvements