2005 Illinois 65 ILCS 5/ Illinois Municipal Code. Division 2.1 - Board Of Fire and Police Commissioners
(65 ILCS 5/Art. 10 Div. 2.1 heading) DIVISION 2.1. BOARD OF FIRE AND POLICE COMMISSIONERS
(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. 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. The term "policemen" as used in this Division does not include
auxiliary policemen 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‑homerule 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‑homerule
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 this
amendatory Act of 1989 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 certified 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 certification. (Source: P.A. 93‑486, eff. 8‑8‑03; 94‑135, eff. 7‑7‑05.)
(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. (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 11‑6, 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 subsections (1), (6) and (8) of
Section 24‑1 of the Criminal Code of 1961 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 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
policeman 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 Department of 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. 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. (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 11‑6, 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 subsections (1), (6) and (8) of Section
24‑1 of the Criminal Code of 1961 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. 94‑29, eff. 6‑14‑05.)
(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 5/10‑2.1‑8)(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 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. 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. (Source: P.A. 90‑445, eff. 8‑16‑97.)
(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.
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‑B, EMT‑I, or EMT‑P 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. (Source: P.A. 94‑281, eff. 1‑1‑06.)
(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. 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. 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. 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. 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. 91‑650, eff. 11‑30‑99.)
(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 of both the board of fire and police commissioners and the
appropriate pension board to determine his physical fitness. (Source: P.A. 84‑747.)
(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.)
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