65 ILCS 5/10-2.1-4
2021 Illinois Compiled Statutes|Chapter 65 - MUNICIPALITIES|65 ILCS 5/ - Illinois Municipal Code.|Article 10 - Employees And Employment

 (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:(1) Office of the State Fire Marshal Basic Operations     Firefighter Certification or Office of the State Fire Marshal Firefighter II Certification; Office of the State Fire Marshal Advanced Fire Officer Certification or Office of the State Fire Marshal Fire Officer II Certification; and an associate degree in fire science or a bachelor's degree from an accredited university or college;(2) a current certification from the International     Fire Service Accreditation Congress or Pro Board Fire Service Professional Qualifications System that meets the National Fire Protection Association standard NFPA 1001, Standard for Fire Fighter Professional Qualifications, Level I job performance requirements; a current certification from the International Fire Service Accreditation Congress or Pro Board Fire Service Professional  Qualifications System that meets the National Fire Protection Association standard NFPA 1021, Standard for Fire Officer Professional Qualifications, Fire Officer II job performance requirements; and an associate degree in fire science or a bachelor's degree from an accredited university or college;(3) qualifications that meet the National Fire     Protection Association standard NFPA 1001, Standard for Fire Fighter Professional Qualifications, Level I job performance requirements; qualifications that meet the National Fire Protection Association standard NFPA 1021, Standard for Fire Officer Professional Qualifications, Fire Officer II job performance requirements; and an associate degree in fire science or a bachelor's degree from an accredited university or college; or(4)  a minimum of 10 years' experience as a     firefighter at the fire department in the jurisdiction making the appointment. This paragraph applies to fire departments that employ firefighters hired under the provisions of this Division. On and after January 1, 2019 (the effective date of Public Act 100-1126), 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 paragraph. This paragraph 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.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.)