(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 5/10‑2.1‑5) (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 5/10‑2.1‑6.1) (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 Department of 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. 84‑25.) |
(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 Department of State Police Law (20 ILCS 2605/2605‑400), the Department of 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. 91‑239, eff. 1‑1‑00.) |
(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 5/10‑2.1‑9) (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 5/10‑2.1‑15) (from Ch. 24, par. 10‑2.1‑15) Sec. 10‑2.1‑15.
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