HB 1017 — FIRE DPT PROMOTION-ASSESSORS

*LRB09507177HLH27309b* HB1017 95THEngrossed GENERALLRB095 ASSEMBLY07177 StateHLH of27309 Illinoisb andAN 2008ACT HB1017concerning Introducedlocal 2/8/2007,government. by Rep.

Dan Reitz SYNOPSIS AS INTRODUCED:

ILCS 742/20 ILCS 742/50 Amends the Fire Department Promotion Act.

With respect to subjective evaluation of candidates for promotion, sets up a procedure for the parties to select impartial qualified professionals as promotional assessors from a roster established by the Office of the State Fire Marshal.

Makes technical corrections.

Effective immediately.

LRB095 07177 HLH 27309 b FISCAL NOTE ACT MAY APPLY A BILL FOR HB1017 LRB095 07177 HLH 27309 b AN ACT concerning local government.

HB1017 Engrossed - 2 - LRB095 07177 HLH 27309 b Candidates shall be ranked on the list in rank order based on the highest to the lowest total points scored on all of the components of the test.

(d) Whenever a promotional rank is created or becomes vacant due to resignation, discharge, promotion, death, or the granting of a disability or retirement pension, or any other HB1017 Engrossed - 3 - LRB095 07177 HLH 27309 b cause, the appointing authority shall appoint to that position the person with the highest ranking on the final promotion list for that rank, except that the appointing authority shall have the right to pass over that person and appoint the next highest ranked person on the list if the appointing authority has reason to conclude that the highest ranking person has demonstrated substantial shortcomings in work performance or has engaged in misconduct affecting the person’s ability to perform the duties of the promoted rank since the posting of the promotion list.

If a vacated position is not filled due to a lack of funding or authorization and is subsequently reinstated, the final HB1017 Engrossed - 4 - LRB095 07177 HLH 27309 b promotion list shall be continued in effect until all positions vacated have been filled or for a period up to 5 years beginning from the date on which the position was vacated.

HB1017 Engrossed - 5 - LRB095 07177 HLH 27309 b (a) A promotion test may include subjective evaluation components.

A designated representative of the contracting union party shall be notified and be entitled to be present to monitor any preliminary meeting between certified assessors or representatives of a testing agency and representatives of the appointing authority held prior to the administration of the test to candidates for promotion.

(d) Where performance evaluations are used as a basis for HB1017 Engrossed - 6 - LRB095 07177 HLH 27309 b promotions, they shall be given annually and made readily available to each candidate for review and they shall include any disagreement or documentation the employee provides to refute or contest the evaluation.

HB1017 - 6 - LRB095 07177 HLH 27309 b (e) Total points awarded for subjective components shall be posted before the written examination is administered and before the promotion list is compiled.

(f) Persons selected to grade candidates for promotion during an assessment center process shall be selectedimpartial fromprofessionals panelswho composedhave ofundergone impartialtraining qualifiedto professionals.be certified assessors.

The Officetraining ofand thecertification Staterequirements Fireshall, Marshalat shalla supportminimum, theprovide selectionsthat, byto establishingobtain aand rostermaintain ofcertification, promotional assessors composedshall ofcomplete personsa sworncourse to impartiality who meet specified minimum standards of professionalbasis trainingtraining, assubscribe establishedto bya thecode Office of theethical Stateconduct, Firecomplete Marshalcontinuing byeducation, ruleand bysatisfy Januaryminimum 1,activity 2008.levels.

Within(g) 7The daysstandards afterfor thecertification request of either party, the Office shall selectbe atestablished randomby from the roster of promotional assessors a panelJoint ofLabor impartialand qualifiedManagement promotionalCommittee assessors(JLMC) numberingcomposed not less than 1.5 times the number of assessors4 required.members:

The2 partiesdesignated mayby selecta assessorsstatewide onassociation whose membership is predominantly fire chiefs representing management interests of the listIllinois providedfire service, and 2 designated by thea Officestatewide orlabor anyorganization otherthat agencyis mutuallya agreedrepresentative uponof bysworn theor parties.commissioned firefighters in Illinois.

Members may serve terms of one year subject to reappointment.

HB1017 Engrossed - 7 - LRB095 07177 HLH 27309 b For the purposes of this Section, the term "statewide labor organization" has the meaning ascribed to it in Section 10-3-12 of the Illinois Municipal Code.

In developing certification standards the JLMC may seek the advice and counsel of professionals and experts and may appoint an advisory committee.

The JLMC’s initial certification standards shall be submitted to the Office of the State Fire Marshall by January 1, 2008.

The JLMC may provisionally certify persons who have prior experience as assessors on promotional examinations in the fire service.

Effective January 1, 2009 only those persons who meet the certification standards developed by the JLMC and submitted to the Office of the State Fire Marshall may be selected to grade candidates on a subjective component of a promotional examination conducted under the authority of this Act;

provided this requirement shall be waived for persons employed or appointed by the jurisdiction administering the examination.

The JLMC shall annually:

(1) issue public notice offering persons who are interested in qualifying as certified assessors the opportunity to enroll in training;

and (2) submit to the Office of the State Fire Marshall an amended list of persons who remain certified, are newly certified, or who are no longer certified.

(h) The Office of the State Fire Marshall shall support the HB1017 Engrossed - 8 - LRB095 07177 HLH 27309 b program by adopting certifications standards based on those submitted by the JLMC and by establishing a roster of certified assessors composed of persons certified by the JLMC.

If the parties have not agreed to contract with a particular testing company to provide certified assessors, either party may request the Office to provide the names of certified assessors.

Within 7 days after receiving a request from either party for a list of certified assessors, the Office shall select at random from the roster of certified assessors a panel numbering not less than 2 times the number of assessors required.

The parties shall augment the number by a factor of 50% by designating assessors who may serve as alternates to the primary assessors.

The parties shall select assessors from the list or lists provided by the Office or from the panel obtained by the testing company as provided above.

If the parties fail to notify the Office in a timely manner of their selection of assessors, the Office shall appoint the assessors required from the roster of promotionalcertified assessors.

In the event an assessor is not able to participate in the assessment center HB1017 Engrossed - 79 - LRB095 07177 HLH 27309 b (Source:process for which he was selected, either of the parties involved in the promotion process may request that additional names of certified assessors be provided by the Office.

(Source: