Boards & Commissions Supporting Documents - 10/14/2020 - Board of Fire & Police CommissionersRULES AND REGULATIONS
of the
BOARD OF FIRE AND POLICE COMMISSIONERS
VILLAGE OF OAK BROOK
State of Illinois
Amended October 14, 2020
TABLE OF CONTENTS
CHAPTERI
ADMINISTRATION.......................................................................................................1
CHAPTER II
EXAMINATION CALLS; APPLICATIONS....................................................................3
CHAPTER III
POLICE DEPARTMENT EXAMINATIONS AND APPOINTMENTS ............................5
CHAPTER IV
FIRE DEPARTMENT EXAMINATIONS AND APPOINTMENTS...............................10
CHAPTER V
PROMOTIONAL EXAMINATIONS — POLICE DEPARTMENT..................................16
CHAPTER VI
PROMOTIONAL EXAMINATIONS — FIRE DEPARTMENT.......................................17
CHAPTER VII
ORDER OF RANK, CLASSIFICATION AND OATH OF OFFICE..............................18
CHAPTER VIII
HEARING OF CHARGES, REMOVALS, SUSPENSIONS and DISCHARGES ........19
ATTACHMENTS
A.
FIRE DEPARTMENT PROMOTION ACT
B.
POLICE DEPARTMENT MERIT AND EFFICIENCY
C.
REMOVAL FROM FURTHER CONSIDERATION LANGUAGE
RULES AND REGULATIONS
of the
BOARD OF FIRE AND POLICE COMMISSIONERS
of the
VILLAGE OF OAK BROOK
As adopted by the Board of Fire and Police Commissioners of the Village of Oak Brook, Illinois,
Amended January 13, 2020
CHAPTER I — ADMINISTRATION
SECTION 1 - SOURCE OF AUTHORITY.
The Board of Fire and Police Commissioners derives its power and authority from Division 2.1 of the Illinois
Municipal Code, 65 ILCS 5/10-2.1-1 (the "Act').
SECTION 2 - DEFINITIONS.
The word "Commission" and/or "Board" wherever used means the Board of Fire and Police Commissioners
of the Village of Oak Brook, Illinois. The word "Village" means the Village of Oak Brook, Illinois. The word
"Officer" means any person holding a permanent office in the Police or Fire Department of the Village. The
singular includes the plural, and the plural the singular.
SECTION 3 - OFFICERS OF BOARD AND THEIR DUTIES
The Board consists of three members. The Board, at its first meeting in January, shall elect a Chairman
from among the members of the Board. The Chairman shall hold office until the end of the fiscal year of
the municipality and until his or her successor is duly elected and qualified. The Chairman shall be the
presiding officer at all meetings except that, in his or her absence, a temporary presiding member shall be
elected by the remaining two members. The Board may employ a Secretary or designate one of its own
Board members to act as Secretary. The Secretary will remain employed or designated until the Board
replaces the individual or eliminates the position. The Secretary shall keep the minutes of all meetings of
the Board in a permanent record book and shall be the custodian of all the forms, papers, books, records
and completed examinations of the Board.
SECTION 4 - MEETINGS
A. Regular meetings shall be held monthly as determined by the Board
B. The Chairman or any two members of the Board may call a special meeting from time to time, by
filing a notice of such a meeting in writing with the Secretary of the Board signed by the Chairman
or two members. All special meetings must be noticed at least 48 hours in advance or as otherwise
required by the Illinois Open Meetings Act. A notice for special meeting must include a statement
of the matters to be considered at the meeting. No other business shall be considered at the special
meeting. The Board may take final action only on matters that were included in the notice.
C. During any regular or special meeting, the Board may hold a closed session upon a proper motion
made by any member of the Board and approved by a roll call vote. Closed sessions may be
limited to Board members and such invited persons as the Board may deem necessary. The
Secretary will record the motion to close the meeting, record a citation to the specific exception for
a closed session, record the roll call vote of the members on that motion, and keep minutes and a
verbatim record of the closed session in accordance with the requirements of the Illinois Open
Meetings Act. The verbatim record of a closed session must be maintained for a minimum of 18
months and thereafter may be disposed of in accordance with the provisions of the Open Meetings
Act.
If a member is unable to be physically present at a meeting of the Board, whether it be for (i)
personal illness or disability; (ii) employment purposes or the business of the public body; or (iii) a
family or other emergency, that member may attend and participate at a Board Meeting by video
or audio conference, provided that the other two members of the Board are physically present at
the meeting and vote to approve the participation of the missing member. The minutes of the
meeting shall reflect, by name, the members of the Board who were physically present as well as
the member who attended by video or audio conference. Notice that a Board member seeks to
participate in a Board meeting by electronic means shall be provided to the Board's recording
secretary or the municipal clerk at least 48 hours prior to the meeting.
The agenda for a regular meeting shall include a time for public comment during which persons
present at the meeting may address the Board. The Board may establish a time limit for individual
comments of three minutes (or more) and may require a person to immediately stop speaking if
that person speaks disrespectfully or discourteously or speaks on a topic or matter not relevant to
the duties and responsibilities of the Board.
SECTION 5 - QUORUM.
Two members of the Board constitute a quorum for the conduct of business.
SECTION 6 - ORDER OF BUSINESS.
The standard agenda at a regular meeting of the Board will be:
1. Call to Order and Roll Call
2. Board Chairman Announcements
3. Public Comments
4. Approval of Minutes
5. Pending Business
6. New Business
7. Comments from Staff Members
8. Closed Session (for stated purpose)
9. Consideration of (stated matters) from Closed Session
10. Board Member Comments
11. Adjournment
The Chairman may adjust the agenda for any particular meeting and may reorder or otherwise amend an
agenda during a meeting.
SECTION 7 - PROCEDURE.
When these Rules and Regulations do not establish a specific procedure for conducting the business of
the Board, then parliamentary procedures prescribed in Roberts Rules of Order shall be followed, as far as
applicable and practical. Motions may be made and seconded orally by any member of the Board and shall
be recorded in the minutes together with the action taken thereon.
SECTIONS - AMENDMENTS
The Board may amend these Rules and Regulations from time to time. After the Board has approved each
amendment, the amended Rules and Regulations shall be printed for distribution, and the Secretary shall
give notice of (a) the place where the printed Rules and Regulations, as amended, may be obtained and
(b) the date, not less than 10 days subsequent to the time of publication, when the Rules and Regulations
as amended shall take effect. Such notice shall be published in a newspaper published in the Village or, if
no newspaper is published in the Village, then in a newspaper with a general circulation within the Village.
SECTION 9 - COMPUTATION OF TIME.
The time within which any act under these Rules is to be done shall be computed by excluding the first day
and including the last, unless the last day is Sunday or is a holiday as defined or fixed in any statute now
or hereafter in force in the State, and then it shall also be excluded. If the day succeeding such Sunday or
holiday is also a holiday or a Sunday, then such succeeding day shall also be excluded.
SECTION 10 -ANNUAL REPORT AND BUDGET REQUEST
If requested by the Village Manager, the Board shall submit an annual report of its activities and of the rules
in effect and the practical effect thereof to the Village Manager for transmission to the Village President and
Village Board of Trustees. Also if requested by the Village Manager, the Board shall submit to the Village
Manager for transmission to the Village President and Village Board of Trustees a budget request for the
following Village fiscal year. The budget request shall be limited to those amounts necessary for the
conduct of the Board's operations.
CHAPTER II — EXAMINATION CALLS: APPLICATIONS
SECTION 1 - EXAMINATION CALLS
The Board shall call examinations from time to time to establish and maintain eligibility lists for entry-level
and promotional ranks in the Police and Fire Departments. The Departments shall advise the Board from
time to time about the status of existing eligibility lists and the need for an examination. If it determines to
call an examination, then the Board shall make such call by resolution or motion and enter the call in the
minutes of the Board with the following information: the time and place where the examination will be held;
the location where applications may be obtained and the date by which applications must be returned to
the Board; the rank to be filled from the resulting Final Eligibility Register; any special eligibility standards
established for the examination; and notice that applications for that examination will be received for a
period of time established by the Board but not less than two weeks.
SECTION 2 - NOTICE OF EXAMINATION
An examination will be held at a time and place fixed by the Board. Notice of the firefighter hiring
examination must be given by publication at least two weeks preceding the examination either on the
Village's Internet website or in one or more newspapers published in the Village in accordance with the
statutes of the State of Illinois, or both. The notice for the firefighter examination will include the time, place,
general scope, merit criteria for any subjective component, and testing fee (if any).
Notice of all other examinations must be given by publication at least two weeks preceding the examination
in a newspaper published in the Village, or if there is no such newspaper, then in a newspaper of general
circulation within the Village.
Notice of an examination for a promotional rank may be waived in writing by all members of the Department
eligible for that examination.
The notice of examination must state the period during which applications for that examination will be
accepted. The examination may be postponed by order of the Board, which order shall state the reason
for the postponement and shall designate a new date for the examination. Applicants will be notified of the
postponement of the examination and of the new date fixed for said examination.
SECTION 3 - CITIZENSHIP.
Applicants for examination must be citizens of the United States.
SECTION 4 - APPLICATION FORMS, STANDARDS.
A. Applications shall be filed on forms furnished by the Board, and applicants must complete the forms
fully in the manner specified by the Board. No person may take the examination without having
first filed an application with the Board.
B. At the time of filing an application, the applicant must furnish all of the following information and
documentation:
1. a certified copy of his or her birth certificate;
2. a copy of his or her high school diploma or its equivalent;
3. official transcripts reflecting a minimum of 60 semester hours from an accredited institution
of higher education (forop lice applicants only)
4. a copy of his or her driver's license;
5. a copy of each other certificate or license required by these Rules and Regulations.
C. During the application and testing process, the applicant may be required to furnish the following
information and documentation:
1. a copy of his or her transcripts of post -high school study, if applicable;
2. a copy of his or her military service record, discharge papers, and U.S. Government Form
DD214, if applicable;
3. a copy of his or her college or university degree and, if requested, a copy of a certified
transcript of his or her course work from an accredited college or university;
D. Every applicant must be of good moral character, of temperate habits, and of sound health and
must be able to perform the essential duties of the position applied for, with or without a reasonable
accommodation. The burden of establishing these facts rests on the applicant.
E. A false statement made by a person in an application for examination, connivance in any false
statement made in any certificate which may accompany such application or complicity in any fraud
touching the same, shall be regarded as good cause for exclusion from the examination.
SECTION 5 - DISQUALIFICATION.
The Board may refuse to examine, or after examination refuse to certify as eligible, or after certification as
eligible refuse to retain on the Final Eligibility Register, any applicant:
who is found lacking in any of the established general requirements, or in any special
standards established by the Board, for an entry-level position stated in these Rules and
Regulations or in the Act; or
2. who is a current user of illegal drugs,; is a gambler; or is not a person of good character;
or
3. who has been convicted of a felony, a crime of moral turpitude, or a misdemeanor
specifically listed in 65 ILCS 5/10-2.1-6 or 65 ILCS 5/10-2.1-6.3, as amended from time to
time; or
4. who, in the judgment of the Board, has practiced or attempted to practice any dishonesty,
deception, or fraud in his or her application, examination, or other submissions to or
dealings with the Board, the Fire Department, the Police Department or the Village; or
5. who has failed to abide by the rules and procedures governing any aspect of the application
process; or
6. who is unable to perform the essential duties of the position to which he or she seeks
appointment, with or without reasonable accommodation; or
7. who has been dismissed from any public service; or
8. whose character or employment references are unsatisfactory; or
9. who has failed to appear for, or failed, any element of the examination or otherwise has
not successfully completed any portion of the examination process; or
10. who does not have a valid automobile driver's license; or
11. who has not achieved a high school education or its equivalent, and (for police applicants
only) who has not successfully received credit for a minimum of 60 credit hours toward a
bachelor's degree from an accredited college or university.
Any applicant deemed disqualified hereunder shall be notified by the Board
SECTION 6 - RELEASE OF LIABILITY.
In consideration of being admitted to the examination process, all applicants must execute and deliver to
the Board or its designated representative a release of all liability as a result of participating in the
examinations, and all waivers and releases of information necessary to allow the Board to complete all
elements of the examination, on forms approved by the Board.
SECTION 7 - ADMISSION TO EXAMINATION.
No person shall knowingly be admitted to any element of any examination who does not meet the minimum
qualifications established for the rank of police officer or firefighter/paramedic, respectively. The fact that a
person is admitted to an element of an examination will not be considered as evidence that he or she is
qualified or eligible for the position.
SECTION 8 - NO CREATION OF APPLICANT RIGHTS OR INTEREST.
Neither the filing of an application, nor the acceptance of an application, nor an applicant's satisfaction of
the general or special qualifications for filing an application or being admitted to an examination, nor any
provision of these Rules and Regulations may be construed or applied as creating any vested, property, or
other right or interest in any person to apply for, be examined for, or be appointed to any position in the
Departments.
SECTION 9 - CORRECTION OF APPLICATION.
A defective application will be returned to the applicant for correction, if the applicant otherwise is qualified
for the position he or she seeks. A returned application must be resubmitted within the time period
established by the Board or its designated representative.
SECTION 10 - PHYSICAL AND MEDICAL EXAMINATIONS.
Applicants for original appointment may be subject to a physical aptitude test and shall be required (after a
conditional offer of employment) to submit to a thorough medical and psychological examination by a
licensed physician appointed by the Board.
SECTION 11 -AGE REQUIREMENTS.
Applicants shall be under 35 years of age, at the time of application and at such time as the final eligibility
list is posted, unless exempt from such age limitation as provided in Section 10-2.1-6 or 10-2.1-6.3 of the
Act, as those limitations may be amended from time to time. All applicants must, at a minimum, be at least
21 years of age at time of application. Proof of birth date will be required at time of application.
SECTION 12 - NOTICE OF ACCEPTANCE.
The Secretary (or the Board's testing consultant) will notify all applicants whose applications have been
accepted by the Board to be present, if qualified, for the written and oral examinations.
CHAPTER III - POLICE DEPARTMENT EXAMINATIONS AND APPOINTMENTS
SECTION 1 - GENERAL STANDARDS FOR ENTRY-LEVEL EXAMINATIONS.
A. Each applicant must provide proof of his or her birth date at time of filing an application.
Minimum Aqe for All Police Department Positions. At the time of filing an application for
any position in the Police Department, an individual must be at least 21 years of age.
2. Maximum Age for Entry -Level Police Officer Position. At the time of filing an application
for the rank of police officer, the applicant must be less than 35 years of age, unless the
applicant is exempt from that age limitation under Section 10-2.1-6 of the Act.
B. Each applicant may be fingerprinted after successfully completing the written and physical ability
elements of the entry-level examination.
C. The Board may set, at the time that it calls an entry-level examination, any particular elements of
that examination and any particular standards for eligibility for the rank of police officer if the Board
determines that the position requires special qualifications. The Board also may require evidence
from each applicant establishing that the applicant meets those particular standards.
D. Each applicant must provide proof of a high school diploma. The applicant must also provide proof
of an associate's degree or successful receipt of credit for a minimum of 60 credit hours from an
accredited college or university or has one year of active duty military service, or is full-time law
enforcement ILETSB certified.
E. The Board may conduct entry-level examinations at any time, even if applicants remain on a Final
Eligibility Register. In that event, applicants who successfully complete subsequent entry-level
examinations will be merged onto an existing Final Eligibility Register as described in Section 2(G)
below.
SECTION 2 - ENTRY-LEVEL EXAMINATION ELEMENTS; MINIMUM GRADE.
The following examination elements may be conducted by the Board as part of an entry-level examination.
The sequence of testing and testing elements may vary at the discretion of the Board. Failure to achieve
the minimum passing grade in any component disqualifies the applicant from any further participation in the
entry-level examination process. Each weighted component of the examination process shall be based
upon a scale of 1 to 100.
ENTRY-LEVEL POLICE OFFICER EXAMINATIONS
EXAMINATION ELEMENTS WEIGHT
MINIMUM
PASSING SCORE
Physical Ability Component N/A
verification
Written Test 65%**
70% for each
component***
Initial Oral Test /Situational Judge ant Test 1 35%** 1 ****
** If no initial oral test or situational judgment test is administered, then the written test
will be weighted as 100%.
*** The Board may establish a different written test minimum passing score for a particular
examination.
**** The Board will announce the protocol for the oral test or situational judgment test
(including passing scores) prior to the commencement of the examination process.
That protocol may change from one examination to another as determined by the
Board.
A. Element One—Orientation. If the Board conducts a separate orientation session, and attendance
at that session is mandatory, then all applicants must attend that session as scheduled. The failure
to attend a mandatory orientation session will constitute failure of this examination element. The
Board may choose not to conduct a separate orientation session.
B. Element Two—Physical Ability Test. Each applicant must provide verification of successful
completion of the POWER Test Verification within the 12 months immediately preceding the
administration of the written test, based on requirements of the Illinois Law Enforcement Training
and Standards Board. That verification must be submitted by the deadline date set in the Published
Notice of Examination.
C. Element Three—Written Test. Information regarding the type of written test for a particular entry-
level examination will be provided by the Board or its designated representative as part of the
examination orientation program. All written test papers shall be and remain the property of the
Board and the grading thereof by the Board shall be final and conclusive and not subject to review
by any other board or tribunal of any kind or description. Applicants who fail to achieve a passing
grade will be notified and eliminated from all further consideration.
D. Element Four—Initial Oral/Situational Judgment Test. In its discretion, the Board may administer
either an initial oral test (for those who already have passed the written test) or a situational
judgment test administered in conjunction with the written test. ( The Board does not have to
conduct either an initial oral test or situational judgment test.
Depending on whether an initial oral or situational judgement test is administered, applicants may
be asked questions that will enable the examiners to properly evaluate the applicants on maturity,
communication skills, judgment, leadership ability, managerial ability, appearance, demeanor,
emotional stability, self-confidence, friendliness, interest in the position, personal fitness for the
position, and/or such other matters as are pertinent to the proper review and analysis of an
applicant. Each applicant for a particular entry-level examination must be asked questions in
similar areas of inquiry so that the examiners can satisfactorily compare the merits of the applicants.
At the end of the oral test of each applicant, the examiners may discuss the merits of that applicant.
Each examiner must individually grade the applicant in accordance with the protocol adopted for
that test. The Board's final score of the applicant may be computed only after the test has been
administered to all applicants then being tested.
E. Element Five—Initial Eligibility Register. The Board will prepare an Initial Eligibility Register of the
applicants who have passed the written, initial oral, and/or situational judgment tests with the
required composite score. Applicants must be placed on the Initial Eligibility Register in the order
of their relative excellence as determined by their test scores.
F. Element Six—Preference Points. The Initial Eligibility Register is subject to change with the
addition of any claimed preference points as prescribed in 5/10-2.1-8 and 5/10-2.1-9 (a) of the Act.
Applicants who are eligible for veteran, educational, police explorer program, or law enforcement
certification preference points, shall make a claim in writing with proof thereof within 10 days after
the date of the first posting of the initial eligibility list or such claim shall be deemed waived. At the
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request of any applicant who is listed on an eligibility register and who is entitled to military,
educational, explorer program or law enforcement certification preference points as provided by
statute.
G. Element Seven—Final Eligibility Register. Final appointment to the Police Department shall be
from the names appearing on the Final Eligibility Register. The names of the applicants shall be
placed upon the Final Eligibility Register in rank order, highest first. Rank order shall be based
upon the applicant's total cumulative score (including preference points) which shall be calculated
as follows:
Overall Written Test score multiplied by 65% (or 100% if only a Written Test is
administered); and,
2. Initial Oral Test or Situational Judgment Test score multiplied by 35% (if such a Test is
administered).
Applicants and their final total cumulative scores will be merged with other applicants who currently
are on the Final Eligibility Register, without regard to their respective examination dates. Applicants
will remain on the Final Eligibility Register for two (2) years from the date their names and final total
cumulative scores were certified by the Board, after which their names and scores will be removed
from the Register. Applicants currently on a Final Eligibility Register will be permitted to participate
in subsequent entry-level examinations, and if such applicants successfully pass the subsequent
examination, the applicants may elect to retain their current placement and score, or accept their
new placement and score (in which case their current placement and score will be removed).
Applicants shall be appointed from the Final Eligibility Register in descending order.
Notwithstanding anything to contrary contained within these rules and regulations, the Board may,
at its discretion, choose to appoint a candidate who has been awarded a certificate attesting to
his/her successful completion of the Minimum Standards Basic Law Enforcement Training Course,
as provided in the Illinois Police Training Act, ahead of non -certified applicants.
Appointment from the Final Eligibility Register is subject to satisfactorily passing or completing a
background investigation, a polygraph test, a post -conditional offer in-depth psychological
examination, a post -conditional offer thorough medical examination (which includes, but is not
limited to a test of the applicant's vision, hearing, and for the use of drugs and/or narcotics), as well
as successful completion of the Academy Power Test, if applicable.
H. Element Eight—Polygraph Examination Process. When directed by the Board and before a
conditional offer of employment has been made, an applicant must successfully complete the
polygraph examination process at a time and place designated by the Board.
Element Nine—Detailed Character and Background Check. At the request of the Board, the Police
Department shall conduct a detailed character and background check of an applicant for an entry-
level position who has successfully passed all prior elements of the entry-level examination. The
check shall review the applicant's employment history, references, educational background, credit
history, litigation history, military record, driving record, neighborhood and community standing and
service, and such other data and information pertinent to a proper review and analyses of the
applicants.
Element Ten—Oral Interview. When directed by the Board, an applicant who has successfully
passed all prior elements of the examination must submit himself or herself to the Board for an oral
interview. An applicant who does not pass the oral interview will be notified and eliminated from all
further consideration.
Procedure. The oral interview of each applicant will be conducted by any number of Board
members and/or designees that the Board decides to use. At the end of the interview of
each applicant, the examiners may discuss the merits of that applicant. Each examiner
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must individually grade the applicant as pass or fail. The Board's final determination of
whether the applicant has passed or failed may be computed only after the interview has
been administered to all applicants then being considered for appointment.
2. Subjects of Oral Interview. Applicants will be asked questions that will enable the examiners to
properly evaluate them on maturity, communication skills, judgment, leadership ability, managerial
ability, appearance, demeanor, emotional stability, self-confidence, friendliness, interest in the
position, personal fitness for the position, and such other matters as are pertinent to the proper
review and analysis of an applicant.
K. Element Eleven—Psychological Test. When directed by the Board and after a conditional offer of
employment has been made, an applicant who has successfully passed all prior elements of the
examination must submit to a psychological test to be given by a qualified examiner selected by
the Board. The test must be designed and administered solely to determine an applicant's
suitability and fitness for the rank of police officer. The examiner shall prepare and submit a report
of the examination to the Board for its evaluation. The Board shall determine, based on such report,
whether the applicant passed the test, whether additional psychological testing is necessary, or
whether the applicant failed the test.
L. Element Twelve—Medical Test. When directed by the Board and after a conditional offer of
employment has been made, an applicant who has successfully passed all prior elements of the
examination must submit to a medical test, including without limitation a vision test and drug
screening, by a licensed physician designated by the Board. The test must be designed and
administered for the purpose of determining fitness for, and physical ability to perform, all of the
duties of the position sought. A medical test must be completed not earlier than 180 days prior to
the date of appointment. A positive result on a confirmatory drug screening test will be a sufficient
basis for a determination by the Board that an applicant has failed the medical test. At any point in
the examination process, an applicant may be requested to submit evidence of vision sufficient to
meet the standards of the Department to which he or she is applying or to submit to a vision
examination to determine if his or her vision meets such standards. Each applicant shall be
responsible for advising the Board of any changes in his or her ability to perform the essential job
duties of a police officer, with or without reasonable accommodation. The Board may, at its
discretion, require an applicant to submit to a follow-up medical test prior to appointment to a
position.
M. Basis of Appointment. Appointments to the rank of police officer will be made in accordance with
the Act. Promptly after notification by the Police Chief that a vacancy exists in the rank of police
officer and that the Village has authorized the filling of that vacancy, the Board shall undertake the
process of appointing the highest -ranked, qualified applicant on the Final Eligibility Register or
Alternative Eligibility Register to fill that vacancy.
N. Waiver of Appointment. An applicant, within seven days after the date of notice from the Board of
a conditional offer of appointment or an appointment, may request to waive the right to that
appointment. That request must be made in writing and signed by the applicant. The Board shall
then determine whether to grant or deny the waiver. If the waiver is granted, the name of the
applicant requesting the waiver shall be waived on the Final Eligibility Register until the next
opportunity for an appointment and the current vacancy shall be filled with the next -ranked
successful candidate. If the waiver is denied, then the applicant requesting the waiver shall be
removed from further consideration on the Final Eligibility Register. No applicant may be allowed
more than one waiver.
O. Probationary Appointment. All vacancies in the Police Department shall be filled by individuals
from the Final Eligibility Register or Alternative Eligibility Register in the order in which their names
appear on the register and having met all requirements previously listed. The Board, in its
discretion, may make an offer of employment to a candidate from either the Final Eligibility Register
or the Alternative Eligibility Register. Pursuant to Section 5/10-2.1-14 of the Act, the Board may
choose to appoint a certified police officer candidate on the Final Eligibility Register ahead of non -
certified applicants on the Final Eligibility Register.
All appointees to the Police Department shall serve a probationary period as set forth in the current
police collective bargaining agreement. Currently, the probationary period commences on the date of
original appointment and terminates 18 months from the date of employment (if the appointee is
already certified), or 18 months from the date the appointee has successfully completed the Basic
Training Course and the State Comprehensive Examination of the Illinois Local Government Law
Enforcement Officers Training and Standards Board.
During his or her probationary period, the appointee will be deemed not to have any vested
property, or other right or interest in his or her employment with the Village, and nothing in these
Rules and Regulations may be construed or applied to create any such right or interest. The Police
Chief is delegated the authority to unilaterally terminate a probationary patrol officer without prior
notice or hearing, and without having to first request or otherwise secure the Board's permission or
approval.
SECTION 3 - ALTERNATIVE ELIGIBILITY REGISTER
All persons must meet the following criteria to be considered for placement on the alternative eligibility
register pursuant to 65 ILCS 5/10-2.1-14, in addition to all other hiring prerequisites outlined in Chapter II
of these Rules and Regulations:
A. Certification from the Illinois Law Enforcement Training and Standards Board as a certified full time
Law Enforcement Officer; and
B. Previous continuous service as a Police Officer in any Illinois municipality, county, university or
State law enforcement agency for a minimum of two years; and
C. In good standing in the Police Department in which the person currently serves or separated from
in good standing with no adverse employment action; and
D. Eligible to be granted a waiver of basic training from the Illinois Law Enforcement Training and
Standards Board.
Alternative Eligibility applicants who have been determined by the Board to meet the preceding
requirements will not be required to fulfill Element One through Element Seven in Chapter III, Section 2,
Paragraphs A through G. However, all candidates must successfully complete a Written Test as defined
in Element Three and Oral Interview as defined in Element Ten, prior to an offer of employment being
given. All other requirements of Chapter III, Section 2, Paragraphs H through P are required. The Chief of
Police shall present the qualifications of any person eligible for the Alternative Eligibility Register to the
Board of Fire and Police Commissioners for approval. Applicants approved for placement on the Alternative
Eligibility Register will be listed in order of excellence based on their final score as determined by the Board.
An individual who has been on the Alternative Eligibility Register for more than 2 years and has not been
certified for hire shall be removed from the list.
CHAPTER IV - FIRE DEPARTMENT EXAMINATIONS AND APPOINTMENTS
SECTION 1 - GENERAL STANDARDS FOR ENTRY-LEVEL EXAMINATIONS.
A. Each applicant must provide proof of his or her birth date at time of filing an application.
1. Minimum Age for Entry -Level Firefighter/Paramedic Positions. At the time of filing an
application for an entry-level firefighter/paramedic, the applicant must be at least 21 years
of age.
2. Maximum Age for Entry -Level Firefighter/Paramedic Position. At the time of filing an
application for an entry-level firefighter/paramedic, the applicant must be less than 35 years
of age, unless the applicant is exempt from that age limitation under Section 10-2.1-6.3 of
the Act.
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B. Each applicant will be fingerprinted as part of the character and background check.
C. The Board may set, at the time that it calls an examination, particular standards for eligibility for the
rank of firefighter/paramedic if the Board determines that the position requires special qualifications.
The Board also may require evidence from each applicant establishing that the applicant meets
those particular standards.
SECTION 2 - ENTRY-LEVEL EXAMINATION ELEMENTS; MINIMUM GRADE.
The following examination elements may be conducted by the Board as part of an entry-level examination.
The sequence of testing and testing elements may vary at the discretion of the Board. Failure to achieve
the minimum passing grade in any examination disqualifies the applicant from any further participation.
Each weighted component of the examination process shall be based upon a scale of 1 to 100.
ENTRY-LEVEL FIREFIGHTER/PARAMEDIC EXAMINATIONS
EXAMINATION ELEMENTS
WEIGHT
MINIMUM
PASSING SCORE
Physical Ability Component
NIA
Verification
Written Test
65%*
70% for each
component***
Initial Oral Test/Situational Judgement Test
35%*
**
* If no initial oral test or situational judgment test is administered, then the written test
will be weighted as 100%.
** The Board will announce the protocol for the oral test or situational judgment test prior
to the commencement of the examination process. That protocol may change from
one examination to another as determined by the Board.
*** The Board may establish a different written test minimum passing score for a particular
examination.
A. Element One—Orientation. If the Board conducts a separate orientation session, and attendance
at that session is mandatory, then all applicants must attend that session as scheduled. The failure
to attend a mandatory orientation session will constitute failure of this examination element. The
Board may choose not to conduct a separate orientation session.
B. Element Two—Physical Ability Test. Each applicant must provide verification of successful
completion of the Candidate Physical Ability Test (CPAT), and ladder climb test, as licensed and
approved by the International Fire Chiefs Association and the International Association of Fire
Fighters. That verification must be submitted by the deadline date set in the Published Notice of
Examination and must have been successfully completed within 1 year of the date of the written
examination.
C. Element Three—Written Test. Information regarding the type of written test for a particular
examination will be provided by the Board or its designated representative as part of the
examination orientation program. All written test papers shall be and remain the property of the
Board and the grading thereof by the Board shall be final and conclusive and not subject to review
by any other board or tribunal of any kind or description. Applicants who fail to achieve a passing
grade will be notified and eliminated from all further consideration.
D. Element Four—Initial Oral/Situational Judgment Test. In its discretion, the Board may administer
either an initial oral test (for those who already have passed the written test) or a situational
judgment test administered in conjunction with the written test. The Board does not have to
conduct either an initial oral test or situational judgment test.
11
Depending on whether an initial oral or situational judgment test is administered, applicants may
be asked questions that will enable the examiners to properly evaluate the applicants on maturity,
communication skills, judgment, leadership ability, managerial ability, appearance, demeanor,
emotional stability, self-confidence, friendliness, interest in the position, personal fitness for the
position, and/or such other matters as are pertinent to the proper review and analysis of an
applicant. Each applicant for a particular examination must be asked questions in similar areas of
inquiry so that the examiners can satisfactorily compare the merits of the applicants.
At the end of the test of each applicant, the examiners may discuss the merits of that applicant.
Each examiner must individually grade the applicant in accordance with the protocol adopted for
that test. The Board's final score of the applicant may be computed only after the test has been
administered to all applicants then being tested.
E. Element Five—Initial Eligibility Register. The Board will prepare an Initial Eligibility Register of the
applicants who have passed the written, initial oral, and/or situational judgment tests with the
required composite score. Applicants must be placed on the Initial Eligibility Register in the order
of their relative excellence as determined by their test scores. The Initial Eligibility Register must
be issued no later than 60 days after the completion of the examination.
The Initial Eligibility Register is subject to change with the addition of any claimed preference points
as prescribed in Section 10-2.1-6.3 of the Act and described below.
Element Six --Preference Points. An applicant for an entry-level position in the Fire Department
may receive preference points if that applicant qualifies for such points under this Chapter IV,
Section 2. The Board may prescribe the total number of preference points awarded under this
Section, but the total number of preference points may not be less than 10 points or more than 30
points. Points may be given only if a proper and valid claim for preference points has been made
and only if the standards for such preference points have been met under the Act and these Rules
and Regulations. Applicants who are eligible for veteran, educational, or experience preference
points shall make a claim in writing with proof thereof within 10 days after the date of the first posting
of the initial eligibility list or such claim shall be deemed waived.
Entry-level preference points in the Fire Department may be awarded for veteran service,
education, and experience as follows:
Veteran Service Points. An applicant will be awarded 5 points if (a) the applicant was
engaged in the active military or naval service of the United States for a total cumulative
period of at least one year and was honorably discharged or (b) the applicant is currently
or has been on inactive or reserve duty in such military or naval service for a total
cumulative period of at least one year.
2. Education Points. An applicant will be awarded 3 points if the applicant has obtained an
associate's degree in the field of fire service or medical services, or a bachelor's degree in
any field from an accredited college or university.
3. Experience Points. An applicant may be awarded up to a maximum of 5 preference points
under the following standards. This maximum number of 5 experience points presumes a
rating scale totaling 100 points for the Final Eligibility Register. If fewer than 100 total
points are used in the rating scale for the Final Eligibility Register, then the points awarded
under this Subsection b will be decreased proportionately.
a. Certified Firefighter III Experience. Subject to the 5 -point cap for experience points,
an applicant will be awarded 1 points for each year of successful, continuous
service as a certified Firefighter III (or whichever equivalent designation is currently
used by the Office of the Illinois State Fire Marshal).
b. Contract Paramedic Experience with Village. Subject to the 5 -point cap for
experience points, an applicant will be awarded 0.5 points for each full year of
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successful service as a paramedic under contract with the Village. The service to
the Village as a contract paramedic must be current as of the deadline date for
filing of the employment application established in the Notice of Examination.
C. Limitation of Award of Experience Points. An applicant may not receive an amount
of experience preference points that would move the applicant ahead of any
veteran on the Initial Eligibility List. Instead, the applicant may receive that number
of experience preference points that will not move the applicant ahead of any
veteran. If two or more applicants receiving experience points are prevented from
receiving all of their experience points because they cannot move ahead of a
veteran, then those applicants will be placed on the Initial Eligibility List below the
veteran and in rank order based on the total experience points they would have
received except for the prohibition of moving ahead of a veteran. In the event of
tied scores, the tie will be broken by lot in the presence of at least two
Commissioners, at a regular or special meeting of the Board, in a manner the
Board determines is appropriate under the circumstances.
G. Element Seven—Final Eligibility Register. Final appointment to the Fire Department shall be from
the names appearing on the Final Eligibility Register. The names of the applicants shall be placed
upon the Final Eligibility Register in rank order, highest first. Rank order shall be based upon the
applicant's total cumulative score (including preference points) which shall be calculated as follows:
Overall Written Test score multiplied by 65% (or 100% if only a Written Test is
administered); and,
2. Initial Oral Test or Situational Judgment Test score multiplied by 35% (if such a Test is
administered).
Applicants shall be appointed from the Final Eligibility Register in descending order of their relative
excellence based on the highest to lowest total points with reference to priority of time of
examination.
Applicants and their final total cumulative scores will be merged with other applicants who currently
are on the Final Eligibility Register, without regard to their respective examination dates. Applicants
will remain on the Final Eligibility Register for two (2) years from the date their names and final total
cumulative scores were certified by the Board, after which their names and scores will be removed
from the Register. Applicants currently on the Final Eligibility Register will be permitted to participate
in subsequent entry-level examination, and if such applicants successfully pass the subsequent
examination, the applicants may applicants may elect to retain their current place and score, or
accept their new placement and score (in which case their current placement and score will be
removed).
Appointment from the Final Eligibility Register is subject to satisfactorily passing or completing a
background investigation, a polygraph test, a post -conditional offer in-depth psychological
examination, a post -conditional offer thorough medical examination (which includes, but is not
limited to a test of the applicant's vision, hearing, for the use of drugs and/or narcotics), and
verification of successful completion of the Candidate Physical Ability Test (CPAT) and the ladder
climb test, dated within 1 year as of the date of the conditional offer of employment. If the candidate
does not produce verification at time of conditional offer of successful completion of the Candidate
Physical Ability Test (CPAT) and the ladder climb test, then the conditional offer may be revoked
and the applicant's name may be stricken from the Final Eligibility Register.
H. Element Eight—Polvaraph Examination Process. When directed by the Board and before a
conditional offer of employment has been made, an applicant must successfully complete the
polygraph examination process at a time and place designated by the Board.
Element Nine—Detailed Character and Background Check. At the request of the Board, the Police
and/or Fire Departments shall conduct a detailed character and background check of an applicant
for an entry-level position who has successfully passed all prior elements of the examination. The
13
check shall review the applicant's employment history, references, educational background, credit
history, litigation history, military record, driving record, neighborhood and community standing and
service, and such other data and information pertinent to a proper review and analyses of the
applicants.
J. Element Ten—Oral Interview. When directed by the Board, an applicant who has successfully
passed all prior elements of the examination must submit himself or herself to the Board for an oral
interview. An applicant who does not pass the oral interview will be notified and eliminated from all
further consideration.
Procedure. The oral interview of each applicant will be conducted by any number of Board
members and/or designees that the Board decides to use. At the end of the test of each
applicant, the examiners may discuss the merits of that applicant. Each examiner must
individually grade the applicant as pass or fail. The Board's final determination of whether
the applicant has passed or failed may be computed only after the test has been
administered to all applicants then being considered for appointment.
Subjects of Oral Interview. Applicants will be asked questions that will enable the
examiners to properly evaluate them on maturity, communication skills, judgment,
leadership ability, managerial ability, appearance, demeanor, emotional stability, self-
confidence, friendliness, interest in the position, personal fitness for the position, and such
other matters as are pertinent to the proper review and analysis of an applicant.
K. Element Eleven—Psychological Test. When directed by the Board and after a conditional offer of
employment has been made, an applicant who has successfully passed all prior elements of the
examination must submit to a psychological test to be given by a qualified examiner selected by
the Board. The test must be designed and administered solely to determine an applicant's
suitability and fitness for the rank of firefighter/paramedic. The examiner shall prepare and submit
a report of the examination to the Board for its evaluation. The Board shall determine, based on
such report, whether the applicant passed the test, whether additional psychological testing is
necessary, or whether the applicant failed the test.
L. Element Twelve—Medical Test. When directed by the Board and after a conditional offer of
employment has been made, an applicant who has successfully passed all prior elements of the
examination must submit to a medical test, including without limitation a vision test and drug
screening, by a licensed physician designated by the Board. The test must be designed and
administered for the purpose of determining fitness for, and physical ability to perform, all of the
duties of the position sought. A medical test must be completed not earlier than 180 days prior to
the date of appointment. A positive result on a confirmatory drug screening test will be a sufficient
basis for a determination by the Board that an applicant has failed the medical test. At any point in
the examination process, an applicant may be requested to submit evidence of vision sufficient to
meet the standards of the Department to which he or she is applying or to submit to a vision
examination to determine if his or her vision meets such standards. Each applicant shall be
responsible for advising the Board of any changes in his or her ability to perform the essential job
duties of a police officer, with or without reasonable accommodation. The Board may, at its
discretion, require an applicant to submit to a follow-up medical test prior to appointment to a
position.
N. Basis of Appointment. Appointments to the rank of firefighter/paramedic will be made in
accordance with the Act. Promptly after notification by the Fire Chief that a vacancy exists in the
rank of firefighter/paramedic and that the Village has authorized the filling of that vacancy, the
Board shall undertake the process of appointing the highest -ranked, qualified applicant on the Final
Eligibility Register to fill that vacancy. However, if the Board has reason to conclude that the highest
ranked person fails to meet the minimum standards for the position or if the Board believes an
alternate candidate would better serve the needs of the Fire Department, then the Board may pass
over the highest ranked person and appoint either (i) any person who has a ranking in the top 5
percent of the Final Eligibility Register; or (ii) any person who is among the top 5 highest ranked
persons on the Final Eligibility Register if the number who have a ranking in the top 5 percent is
14
less than 5 people. Before skipping the highest ranked person, the Board will notify that person of
its intention, and give him or her an opportunity to comment at an open meeting.
O. Waiver of Appointment. An applicant, within seven days after the date of notice from the Board of
a conditional offer of appointment or an appointment, may pass on that appointment once without
losing his or her position on the Final Eligibility Register. That request must be made in writing and
signed by the applicant. No applicant is allowed more than one pass on an appointment.
P. Probationary Appointment. Each person appointed as a firefighter/paramedic will serve a
probationary period for whatever length and terms as may be set forth in an applicable collective
bargaining agreement or law.
No Rights. During his or her probationary period, the firefighter/paramedic will be deemed
not to have any vested property, or other right or interest in his or her employment with the
Village, and nothing in this Section or in any other provision of these Rules and Regulations
may be construed or applied to create any such right or interest.
2. Disciplinary Provisions Not Applicable. The disciplinary provisions of these Rules and
Regulations do not apply to the dismissal or suspension of a probationary
firefighter/paramedic. The Fire Chief is delegated the authority to unilaterally terminate a
a probationary firefighter/paramedic without prior notice or hearing, and without having to
first request or otherwise secure the Board's permission or approval.
CHAPTER V - PROMOTIONAL EXAMINATIONS — POLICE DEPARTMENT
SECTION 1 - GENERAL.
All examinations for promotion shall be competitive among such qualified members of the next lower rank
as desire to submit themselves to examination. All applicants for promotion must have successfully
completed his or her probationary period, as of the date the written examination is administered, in order
to test for the next higher rank. All promotions within the Police Department shall be made from the three
individuals having the highest rating, and where there are less than three names on the promotional
eligibility register, as originally posted, or remaining thereon after appointments have been made there from,
appointments to fill existing vacancies shall be made from those names or the name remaining on the
promotional register. The method of examination and the rules governing examinations for promotion are
specified below. The Board shall strike off the names of applicants for promotional appointment after they
have remained thereon for more than three years, provided there is no vacancy existing which can be filled
from the promotional register. For the purpose of determining that a vacancy exists, the Board must have
received notice from the appropriate corporate authorities to fill an existing vacancy prior to the date the
name(s) are to be stricken from a promotional eligibility register. Each weighted component of the
examination process shall be based upon a scale of 1 to 100.
The final Promotional Examination score for promotions within the Police Department shall be determined
as follows:
POLICE SERGEANT EXAMINATIONS
PHASE
WEIGHT
MINIMUM
PASSING SCORE
Seniority
(1 point per year of service, beginning with sixth year,
5%
N/A
or part thereof, up to a maximum of 5points)
Ascertained Merit
5%
N/A
Maximum of 5 points)
Written Examination
40%
Oral Examination/Assessment Center
50%
15
POLICE COMMANDER EXAMINATIONS
PHASE
WEIGHT
MINIMUM
PASSING SCORE
Seniority
(1 point per year of service, beginning with sixth year,
5%
N/A
or part thereof, up to a maximum of 5 points
Ascertained Merit
10%
**
Maximum of 10 points)
Written Examination
35%
Oral Examination/Assessment Center
50%
* The minimum passing score, if any, will be announced by the Board prior to conducting
the examination.
** Ascertained Merit Points for Police Department promotions shall be determined in the
manner set forth within Attachment B hereto.
SECTION 2 - TOTAL SCORE.
An applicant's total score shall consist of the combined scores of the seniority in service, merit/efficiency
rating, written examination and oral examination/assessment center plus veteran's preference points (as
described in 65 ILCS 5/10-2.1-10 and 10-2.1-11). Applicants shall take rank upon a promotional eligibility
register in the order of their relative excellence as determined by their total score. In the event of a tie
score, the placement of the tied applicants' names on the eligibility list shall be determined by lot, in the
presence of a quorum of the Board, in whatever manner the Board deems appropriate.
SECTION 3 - PROMOTIONAL VACANCY.
Upon notice from the appropriate corporate authority that a promotional vacancy exists, the Board shall
select the individual to be promoted in the manner specified in Section 1 of this Chapter V. The Board,
prior to making a promotional appointment, may administer a second oral interview of the applicants then
eligible for promotion.
CHAPTER VI - PROMOTIONAL EXAMINATIONS — FIRE DEPARTMENT
SECTION 1 - GENERAL.
All examinations for promotion shall be competitive among such qualified members of the next lower rank
as desire to submit themselves to examination. All applicants for promotion must satisfy the eligibility
criteria contained in the collective bargaining agreement between the Village and the Illinois Association of
Professional Firefighters' Local #4646 (to the extent the agreement's promotional provisions apply to the
rank in question). . The Board shall strike off the names of applicants for promotional appointment after
they have remained thereon for more than three years, provided there is no vacancy existing which can be
filled from the promotional register. "Vacancy" is defined pursuant to the collective bargaining agreement
between the Village and the Illinois Association of Professional Firefighters' Local #4646. Each weighted
component of the examination process shall be based upon a scale of 1 to 100.
Promotions to the ranks of Fire Lieutenant, Battalion Chief and Deputy Chief shall be accomplished in
accordance with the Fire Department Promotion Act (Attachment A) and as provided in any current, valid
collective bargaining agreement between the Village and the Illinois Association Professional Firefighters'
Local #4646 (to the extent the agreement's promotional provisions apply to the rank in question). The final
promotional examination score for promotions within the Fire Department shall be determined as follows:
16
FIRE BATTALION CHIEF EXAMINATIONS
PHASE
PASSING
MINIMUM
SCORE
Seniority
Seniority
(1 point per full year of seniority, starting after completion of year
(.5 point per year of departmental seniority up to a maximum
four, up to a maximum of 10 points calculated as of the date of
10%
N/A
the written examination
Lieutenant to a maximum of 5 points, with the total seniority
10%
Ascertained Merit
points awarded not to exceed 10 points, which are calculated
Maximum of 100 points reduced b a weighting factor of .20
20%
,*
Written Examination35%
Ascertained Merit
Oral Examination/Assessment Center
35%
20%
FIRE BATTALION CHIEF EXAMINATIONS
PHASE
WEIGHT
MINIMUM
PASSING SCORE
Seniority
(.5 point per year of departmental seniority up to a maximum
of 5 points, combined with 1 point per year seniority as a
Lieutenant to a maximum of 5 points, with the total seniority
10%
N/A
points awarded not to exceed 10 points, which are calculated
as of the date of the written examination
Ascertained Merit
Maximum of 100 points reduced b a weighting factor of .20
20%
**
Written Examination
35%
Oral Examination/Assessment Center
35%
* The minimum passing score, if any, will be announced by the Board prior to conducting
the examination.
** Ascertained Merit Points for Fire Department promotions shall be determined in the
manner set forth within Attachment A hereto.
SECTION 2 - TOTAL SCORE.
An applicant's total score shall consist of the combined scores of the seniority in service, merit/efficiency
rating, written examination and oral examination/assessment center plus veteran's preference points.
Applicants shall take rank upon a promotional eligibility register in the order of their relative excellence as
determined by their total score. In the event of a tie score, the placement of the tied applicants' names on
the eligibility list shall be determined by lot, in the presence of a quorum of the Board, in whatever manner
the Board deems appropriate.
SECTION 3 - PROMOTIONAL VACANCY.
Upon notice from the appropriate corporate authority that a promotional vacancy exists, the Board shall
select the individual to be promoted in the manner specified in Section 1 of this Chapter VI. In doing so,
the Board has the right to pass over the top-ranked person and appoint the next highest ranked person on
the Final Eligibility Register if the Board 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 Final Eligibility Register.
Before skipping the highest ranked person, the Board will notify that person of its intention, and give him or
her an opportunity to comment at an open meeting. The Board will document its reason for its decision to
select the next highest ranked person. Unless the reasons for passing over the highest ranking person are
not remedial, no person who is the highest ranking person on the Final Eligibility Register at the time of a
vacancy shall be passed over more than once. Any candidate may refuse a promotion once without losing
his or her position on the Final Eligibility Register.
17
CHAPTER VII - ORDER OF RANK, CLASSIFICATION AND OATH OF OFFICE
SECTION 1 - RANK
The order of rank in the Police Department and in the Fire Department shall be as provided by ordinance and
the municipal budget.
SECTION 2 - CLASSIFICATION
The Board classifies the offices in the Fire Department and the Police Department for the purpose of
establishing and maintaining standards of examinations and promotions based upon job descriptions and
departmental regulations.
SECTION 3 - OATH OF OFFICE
Before entering duty, any person about to become a member of the Fire or Police Department, shall take the
following oath, before any person authorized to administer oaths in the State of Illinois:
I, , do solemnly swear or affirm that I will support the
Constitution of the United States, and the Constitution of the State of Illinois, and that I will
faithfully discharge the duties of the office of according to the best of
my ability."
Signed
Subscribed and sworn to before me this day of 20
Notary Public
CHAPTER VIII - HEARING OF CHARGES, REMOVALS, SUSPENSIONS AND DISCHARGES
SECTION 1 -APPLICABILITY.
The provisions of this Chapter VIII apply in the absence of a current, valid collective bargaining agreement
between the Village and a bargaining unit that governs the matters addressed in this Chapter. In the case
of a conflict between the provisions of this Chapter VIII and the terms of such a collective bargaining
agreement, the terms of the collective bargaining agreement shall apply.
SECTION 2 - HEARING OF CHARGES.
A. Hearings before the Board are not common law proceedings. The provisions of the "Code of Civil
Procedure" do not apply to hearings before the Board.
B. "Counsel' as used herein means: One who has been admitted to the bar as an attorney-at-law in
this State.
C. No rehearing, reconsideration, modification, vacation, or alteration of a decision of the Board shall
be allowed.
D. "Cause' is some substantial shortcoming which renders continuance in employment in some way
detrimental to the discipline and efficiency of the public service and something which the law and
sound public opinion recognize as cause for the officer or firefighter no longer occupying his
position. The right to determine what constitutes cause is in the Board.
E. The complainant or appellant initiating any proceedings which call for a hearing before the Board
shall have the burden of proof to establish by a preponderance of the evidence that cause for
discipline exists or that a suspension, previously imposed by the Chief of a department, is
f[3
unwarranted. Should the question of a crime be involved, the rule of "reasonable doubt" shall not
control.
The phrase "preponderance of evidence" is defined as the greater weight of the evidence, that is
to say, it rests with that evidence which, when fairly considered produces the stronger impression,
and has a greater weight, and is more convincing as to its truth when weighed against the evidence
in opposition thereto.
G. Probationary police officers and firefighters may be summarily dismissed by the Fire Chief or Police
Chief, and are not entitled to the protections afforded to other full-time officers by statute or these
rules.
H. All hearings shall be public, unless the Board decides to close the proceedings in accordance with
the Open Meetings Act.
I. At the time and place of hearing, both parties may be represented by counsel, if they so desire.
J. All proceedings before the Board during the conduct of the hearing shall be recorded by a court
reporter to be employed by the Board.
K. The records of all hearings will not be transcribed by the court reporter unless requested to do so
by the Board or any party of interest.
L. All witnesses shall be sworn prior to testifying and the matter will be decided by the Board solely
on evidence presented at the hearings.
M. The Board wilt first hear the witnesses either substantiating the charges which have been made
against the respondent or in support of an appeal brought by a suspended police officer or
firefighter. Thereafter the other party may present and examine those witnesses whom he desires
the Board to hear. All parties shall have the right to cross-examine witnesses presented by the
opposite party. The Board in its discretion may allow rebuttal testimony and evidence.
SECTION 3 - HEARING PROCEDURE.
A. Complaints: In all cases, written complaints shall be filed with the BFPC Secretary in quintuple,
setting forth a plain and concise statement of the facts upon which the complaint is based.
B. Probable Cause: The Board shall have the right to determine whether there is or is not probable
cause for hearing a complaint and may conduct such informal hearings as may be necessary for
such purpose.
C. Notification of Hearing: Upon the filing of a complaint in quintuple with the Secretary of the Board,
and the determination by the Board of probable cause for entertaining said complaint, the Secretary
of the Board shall notify both the complainant and the respondent, either by registered or certified
mail, return receipt requested, or personally, of the time and place of the hearing of the charges
contained in the Complaint. The respondent shall also be served with a copy of the Complaint, and
if an Order of Suspension Pending a Hearing is entered by the Board, the respondent, the
complainant, the Chief of the Department, the treasurer, comptroller, manager, or other finance
officer of the municipality shall be notified of the entry of such Order of Suspension Pending a
Hearing, and be served either personally or by registered or certified mail, return receipt requested,
with a copy of such Order.
D. Continuances: The matter of granting or refusing to grant a continuance of a hearing is within the
discretion of the Board.
E. Stipulations: Parties may, on their own behalf, or by Counsel, stipulate and agree in writing, or
on the record, as to evidenced guilt. The facts so stipulated shall be considered as evidence in the
proceeding.
19
F. In the event a respondent has been suspended pending a hearing and desires a continuance, it
shall also be stipulated and agreed that in the event said respondent is to be retained in his position
as a result of a decision of the Board following a hearing of the cause, then no compensation shall
be paid to said respondent during the period of said continuance.
G. Sufficiency of Charges—Objections Thereto: Motions or objections to the sufficiency of written
charges must be filed or made prior to or at the hearing before the Board.
SECTION 4 - SUBPOENAS.
A. Any party to an administrative hearing may, at any time before the hearing, make application to the
Board by filing with it a written request for subpoenas for any individual to appear for a hearing or
have them produce books, papers, records, accounts and other documents as may be deemed by
the Board to be relevant to the hearing. On the filing of such application, subpoenas will be issued
for the named persons. Subpoenas may be served by any person 21 years of age or older
designated by the party requesting the subpoenas. Application for subpoenas should contain the
names and addresses of the individuals to be subpoenaed, and the identity of any documents
which they are to produce. Subpoenas will not be issued for anyone residing outside of the State
of Illinois.
B. Any request for continuance by reason of inability to serve subpoenas shall be filed in the office of
the Board at least three days before the date set for such hearing, provided, however, that the
Board in its discretion may waive this rule.
69xN1fC i!EIyI:MAW=
All papers required by these Rules and Regulations to be served shall be delivered personally to the party
designated or mailed, by United States mail in an envelope properly addressed with postage prepaid, to
the designated party at his last known residence as reflected by the complaint filed with the Board, except
as herein otherwise provided. Proof of service of any paper may be made by the certification of any person
so mailing the paper or delivering the same to the designated party personally, or by filing a return receipt
showing that a paper was mailed, by either registered or certified mail, return receipt requested, to a party's
address where it was received by a named party. The Board may modify this Section at any point during
a disciplinary hearing to permit the electronic service of documents.
SECTION 6 - FILING
All papers may be filed with the Board by mailing them or delivering them personally to the Secretary of the
Board at the Village of Oak Brook, Illinois. For the purpose of these Rules and Regulations, the filing date
of any paper shall be the date it was received in the Board's Office, in the event the paper is delivered
personally or by messenger. In the event a paper is forwarded by mail, then the filing date shall be the date
which is postmarked on the envelope of such paper. The Board may modify this Section at any point during
a disciplinary hearing to permit the electronic filing of documents.
1-1x011 [U \ 111 1167 N XA t,Y17 2 lar»
A. All papers filed in any proceeding shall be typewritten or printed and shall be on one side of the
paper only.
B. If typewritten, the lines shall be double spaced, except that long quotations may be single spaced
and indented.
C. All papers shall be not larger than 8%z" by 11" with inside margins of not less than one inch.
D. The original of all papers filed shall be signed in ink by the party filing the paper or by an officer,
agent, or attorney thereof and copies thereof provided the opposing party or his counsel.
E. If papers are filed by an attorney, his name and address shall appear thereon
SECTION 8 - SUSPENSION
A. The Board may suspend any member of the Fire or Police Department against whom charges have
been filed, pending a hearing of the charges by the Board, but not to exceed 30 days, without pay,
at any one time.
B. The Chief of the Fire and Police Department shall have the right to suspend any officer under his
command for a period not to exceed five calendar days, providing no charges on the same offense
have been filed and are pending before the Board, and he shall notify the Board in writing within
24 hours of the time of such suspension. Any policeman or fireman so suspended may appeal to
the Board for a review of the suspension within five calendar days after receiving notice of such
suspension by filing notice of such appeal in writing with the Secretary of the Board of Fire and
Police Commissioners. A hearing shall be had upon such appeal, and due notice given to the Chief
of the Department who suspended such Officer, and to the Officer so suspended. The burden of
establishing that a suspension is unwarranted shall be upon the individual bringing the appeal.
C. Upon such appeal, the Board may sustain the action of the Chief of the Department, may reverse
it with instructions that the officer so suspended receive his pay for the period involved, may
suspend the officer for a period of not more than 30 days, or discharge him, depending on the
evidence presented.
SECTION 9 - DISCHARGE OR SUSPENSION AFTER HEARING
A. Discharge from office, or suspension from service in the Fire or Police Department shall be in
compliance with the Act.
B. The Board shall, within a reasonable time after the hearing is completed, enter its findings on the
records of the Board.
SECTION 10 - DATE OF HEARING
The time for the hearing of charges shall be set by the Board, within 30 days of the time of the filing of such
charges. Continuances may be granted from time to time upon motion of any party to the proceeding by
order of the Board. This time limitation is not applicable to hearings conducted to review suspensions of
five days or less imposed by a Chief of a department on one of its members.
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In case any member of the Fire or Police Department shall be found guilty of the charges filed against him
after a hearing by the Board, he may be removed, discharged, or suspended for a period not exceeding 30
days, without pay. Upon an appeal, the Board may sustain the action of the Chief, may reverse it, in whole
or in part, or may suspend the officer or firefighter for an additional period of not more than 30 days or
discharge him depending on the facts presented.
The findings and decision of the Board, following a hearing of charges, shall be preserved by the Secretary,
and notice of said finding and decision sent to the officer involved and the department head for enforcement.
If the finding or decision is that an officer or employee is guilty of charges investigated, and removal or
discharge is ordered, such order of removal or discharge shall become effective forthwith.
These Rules and Regulations were promulgated by the Board of Fire and Police Commissioners of the
Village of Oak Brook, Illinois on the December 29, 1993.
21
The current Rules and Regulations incorporate amendments through October 14, 2020.
BOARD OF FIRE AND POLICE COMMISSIONERS:
22
Dated: October 14, 2020
ATTACHMENT A
FIRE DEPARTMENT PROMOTION ACT
LOCAL GOVERNMENT
(50 ILCS 742/) Fire Department Promotion Act.
(50 ILCS 742/1)
Sec. 1. Short title. This Act may be cited as the Fire Department Promotion Act.
(Source: P.A. 93-411, eff. 8-4-03.)
(50 ILCS 742/5)
Sec. 5. Definitions. In this Act:
"Affected department" or "department" means a full-time municipal fire department that is subject to a
collective bargaining agreement or the fire department operated by a full-time fire protection district. The
terms do not include fire departments operated by the State, a university, or a municipality with a population
over 1,000,000 or any unit of local government other than a municipality or fire protection district. The terms
also do not include a combined department that was providing both police and firefighting services on
January 1, 2002.
"Appointing authority" means the Board of Fire and Police Commissioners, Board of Fire Commissioners,
Civil Service Commissioners, Superintendent or Department Head, Fire Protection District Board of
Trustees, or other entity having the authority to administer and grant promotions in an affected department.
"Promotion" means any appointment or advancement to a rank within the affected department (1) for
which an examination was required before January 1, 2002; (2) that is included within a bargaining unit; or
(3) that is the next rank immediately above the highest rank included within a bargaining unit, provided such
rank is not the only rank between the Fire Chief and the highest rank included within the bargaining unit, or
is a rank otherwise excepted under item (i), (ii), (iii), (iv), or (v) of this definition. "Promotion" does not include
appointments (i) that are for fewer than 180 days; (ii) to the positions of Superintendent, Chief, or other
chief executive officer; (iii) to an exclusively administrative or executive rank for which an examination is
not required; (iv) to a rank that was exempted by a home rule municipality prior to January 1, 2002, provided
that after the effective date of this Act no home rule municipality may exempt any future or existing ranks
from the provisions of this Act; or (v) to an administrative rank immediately below the Superintendent, Chief,
or other chief executive officer of an affected department, provided such rank shall not be held by more
than 2 persons and there is a promoted rank immediately below it. Notwithstanding the exceptions to the
definition of "promotion" set forth in items (i), (ii), (iii), (iv), and (v) of this definition, promotions shall include
any appointments to ranks covered by the terms of a collective bargaining agreement in effect on the
effective date of this Act.
"Preliminary promotion list" means the rank order of eligible applicants established in accordance with
subsection (b) of Section 20 prior to applicable veteran's preference points. A person on the preliminary
promotion list who is eligible for veteran's preference under the laws and agreements applicable to the
appointing authority may file a written application for that preference within 10 days after the initial posting
of the preliminary promotion list. The preference shall be calculated in accordance with Section 55 and
applied as an addition to the person's total point score on the examination. The appointing authority shall
make adjustments to the preliminary promotion list based on any veteran's preference claimed and the final
adjusted promotion list shall then be posted by the appointing authority.
"Rank" means any position within the chain of command of a fire department to which employees are
regularly assigned to perform duties related to providing fire suppression, fire prevention, or emergency
services.
"Final adjusted promotion list" means the promotion list for the position that is in effect on the date the
position is created or the vacancy occurs. If there is no final adjusted promotion list in effect for that position
on that date, or if all persons on the current final adjusted promotion list for that position refuse the
promotion, the affected department shall not make a permanent promotion until a new final adjusted
promotion list has been prepared in accordance with this Act, but may make a temporary appointment to
fill the vacancy. Temporary appointments shall not exceed 180 days.
Each component of the promotional test shall be scored on a scale of 100 points. The component scores
shall then be reduced by the weighting factor assigned to the component on the test and the scores of all
components shall be added to produce a total score based on a scale of 100 points.
(Source: P.A. 93-411, eff. 8-4-03.)
(50 ILCS 742/10)
Sec. 10. Applicability.
(a) This Act shall apply to all positions in an affected department, except those specifically excluded in
items (i), (ii), (iii), (iv), and (v) of the definition of "promotion" in Section 5 unless such positions are covered
by a collective bargaining agreement in force on the effective date of this Act. Existing promotion lists shall
continue to be valid until their expiration dates, or up to a maximum of 3 years after the effective date of
this Act.
(b) Notwithstanding any statute, ordinance, rule, or other laws to the contrary, all promotions in an
affected department to which this Act applies shall be administered in the manner provided for in this Act.
Provisions of the Illinois Municipal Code, the Fire Protection District Act, municipal ordinances, or rules
adopted pursuant to such authority and other laws relating to promotions in affected departments shall
continue to apply to the extent they are compatible with this Act, but in the event of conflict between this
Act and any other law, this Act shall control.
(c) A home rule or non -home rule municipality may not administer its fire department promotion process
in a manner that is inconsistent with this Act. 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.
(d) This Act is intended to serve as a minimum standard and shall be construed to authorize and not to
limit:
(1) An appointing authority from establishing
different or supplemental promotional criteria or components, provided that the criteria are job-related
and applied uniformly.
(2) The right of an exclusive bargaining
representative to require an employer to negotiate clauses within a collective bargaining agreement
relating to conditions, criteria, or procedures for the promotion of employees to ranks, as defined in Section
5, covered by this Act.
(3) The negotiation by an employer and an exclusive
bargaining representative of provisions within a collective bargaining agreement to achieve affirmative
action objectives, provided that such clauses are consistent with applicable law.
(e) Local authorities and exclusive bargaining agents affected by this Act may agree to waive one or
more of its provisions and bargain on the contents of those provisions, provided that any such waivers shall
be considered permissive subjects of bargaining.
(Source: P.A. 93-411, eff. 8-4-03; 94-809, eff. 5-26-06.)
(50 ILCS 742/15)
Sec. 15. Promotion process.
(a) For the purpose of granting promotion to any rank to which this Act applies, the appointing authority
shall from time to time, as necessary, administer a promotion process in accordance with this Act.
(b) Eligibility requirements to participate in the promotional process may include a minimum requirement
as to the length of employment, education, training, and certification in subjects and skills related to fire
fighting. After the effective date of this Act, any such eligibility requirements shall be published at least one
year prior to the date of the beginning of the promotional process and all members of the affected
department shall be given an equal opportunity to meet those eligibility requirements.
(c) All aspects of the promotion process shall be equally accessible to all eligible employees of the
department. Every component of the testing and evaluation procedures shall be published to all eligible
applicants when the announcement of promotional testing is made. The scores for each component of the
testing and evaluation procedures shall be disclosed to each candidate as soon as practicable after the
component is completed.
(d) The appointing authority shall provide a separate promotional examination for each rank that is filled
by promotion. All examinations for promotion shall be competitive among the members of the next lower
rank who meet the established eligibility requirements and desire to submit themselves to examination. The
appointing authority may employ consultants to design and administer promotion examinations or may
adopt any job-related examinations or study materials that may become available, so long as they comply
with the requirements of this Act.
(Source: P.A. 93-411, eff. 8-4-03.)
(50 ILCS 742/20)
Sec. 20. Promotion lists.
(a) For the purpose of granting a promotion to any rank to which this Act applies, the appointing authority
shall from time to time, as necessary, prepare a preliminary promotion list in accordance with this Act. The
preliminary promotion list shall be distributed, posted, or otherwise made conveniently available by the
appointing authority to all members of the department.
(b) A person's position on the preliminary promotion list shall be determined by a combination of factors
which may include any of the following: (i) the person's score on the written examination for that rank,
determined in accordance with Section 35; (ii) the person's seniority within the department, determined in
accordance with Section 40; (iii) the person's ascertained merit, determined in accordance with Section 45;
and (iv) the person's score on the subjective evaluation, determined in accordance with Section 50.
Applicants 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. Promotional components, as defined herein, shall be determined and
administered in accordance with the referenced Section, unless otherwise modified or agreed to as
provided by paragraph (1) or (2) of subsection (d) of Section 10. The use of physical criteria, including but
not limited to fitness testing, agility testing, and medical evaluations, is specifically barred from the
promotion process.
(c) A person on the preliminary promotion list who is eligible for a veteran's preference under the laws
and agreements applicable to the department may file a written application for that preference within 10
days after the initial posting of the preliminary promotion list. The preference shall be calculated as provided
under Section 55 and added to the total score achieved by the candidate on the test. The appointing
authority shall then make adjustments to the rank order of the preliminary promotion list based on any
veteran's preferences awarded. The final adjusted promotion list shall then be distributed, posted, or
otherwise made conveniently available by the appointing authority to all members of the department.
(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 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 the
highest ranking person is passed over, the appointing authority shall document its reasons for its decision
to select the next highest ranking person on the list. Unless the reasons for passing over the highest ranking
person are not remediable, no person who is the highest ranking person on the list at the time of the vacancy
shall be passed over more than once. Any dispute as to the selection of the first or second highest-ranking
person shall be subject to resolution in accordance with any grievance procedure in effect covering the
employee.
A vacancy shall be deemed to occur in a position on the date upon which the position is vacated, and on
that same date, a vacancy shall occur in all ranks inferior to that rank, provided that the position or positions
continue to be funded and authorized by the corporate authorities. If a vacated position is not filled due to
a lack of funding or authorization and is subsequently reinstated, the final 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. In such event, the candidate or applicants who would have otherwise been
promoted when the vacancy originally occurred shall be promoted.
Any candidate may refuse a promotion once without losing his or her position on the final adjusted
promotion list. Any candidate who refuses promotion a second time shall be removed from the final adjusted
promotion list, provided that such action shall not prejudice a person's opportunities to participate in future
promotion examinations.
(e) A final adjusted promotion list shall remain valid and unaltered for a period of not less than 2 nor more
than 3 years after the date of the initial posting. Integrated lists are prohibited and when a list expires it shall
be void, except as provided in subsection (d) of this Section. If a promotion list is not in effect, a successor
list shall be prepared and distributed within 180 days after a vacancy, as defined in subsection (d) of this
Section.
(f) This Section 20 does not apply to the initial hiring list.
(Source: P.A. 95-956, eff. 8-29-08.)
(50 ILCS 742/25)
Sec. 25. Monitoring.
(a) All aspects of the promotion process, including without limitation the administration, scoring, and
posting of scores for the written examination and subjective evaluation and the determination and posting
of seniority and ascertained merit scores, shall be subject to monitoring and review in accordance with this
Section and Sections 30 and 50.
(b) Two impartial persons who are not members of the affected department shall be selected to act as
observers by the exclusive bargaining agent. The appointing authorities may also select 2 additional
impartial observers.
(c) The observers monitoring the promotion process are authorized to be present and observe when any
component of the test is administered or scored. Except as otherwise agreed to in a collective bargaining
agreement, observers may not interfere with the promotion process, but shall promptly report any observed
or suspected violation of the requirements of this Act or an applicable collective bargaining agreement to
the appointing authority and all other affected parties.
(d) The provisions of this Section do not apply to the extent that they are inconsistent with provisions
otherwise agreed to in a collective bargaining agreement.
(Source: P.A. 93-411, eff. 8-4-03.)
(50 ILCS 742/30)
Sec. 30. Promotion examination components. Promotion examinations that include components
consisting of written examinations, seniority points, ascertained merit, or subjective evaluations shall be
administered as provided in Sections 35, 40, 45 and 50. The weight, if any, that is given to any component
included in a test may be set at the discretion of the appointing authority provided that such weight shall be
subject to modification by the terms of any collective bargaining agreement in effect on the effective date
of this Act or thereafter by negotiations between the employer and an exclusive bargaining representative.
If the appointing authority establishes a minimum passing score, such score shall be announced prior to
the date of the promotion process and it must be an aggregate of all components of the testing process. All
applicants shall be allowed to participate in all components of the testing process irrespective of their score
on any one component. The provisions of this Section do not apply to the extent that they are inconsistent
with provisions otherwise agreed to in a collective bargaining agreement.
(Source: P.A. 93-411, eff. 8-4-03.)
(50 ILCS 742/35)
Sec. 35. Written examinations.
(a) The appointing authority may not condition eligibility to take the written examination on the applicant's
score on any of the previous components of the examination. The written examination for a particular rank
shall consist of matters relating to the duties regularly performed by persons holding that rank within the
department. The examination shall be based only on the contents of written materials that the appointing
authority has identified and made readily available to potential examinees at least 90 days before the
examination is administered. The test questions and material must be pertinent to the particular rank for
which the examination is being given. The written examination shall be administered after the determination
and posting of the seniority list, ascertained merit points, and subjective evaluation scores. The written
examination shall be administered, the test materials opened, and the results scored and tabulated.
(b) Written examinations shall be graded at the examination site on the day of the examination
immediately upon completion of the test in front of the observers if such observers are appointed under
Section 25, or if the tests are graded offsite by a bona fide testing agency, the observers shall witness the
sealing and the shipping of the tests for grading and the subsequent opening of the scores upon the return
from the testing agency. Every examinee shall have the right (i) to obtain his or her score on the examination
on the day of the examination or upon the day of its return from the testing agency (or the appointing
authority shall require the testing agency to mail the individual scores to any address submitted by the
applicants on the day of the examination); and (ii) to review the answers to the examination that the
4
examiners consider correct. The appointing authority may hold a review session after the examination for
the purpose of gathering feedback on the examination from the applicants. The review sessions shall be at
no cost to the applicants.
(c) Sample written examinations may be examined by the appointing authority and members of the
department, but no person in the department or the appointing authority (including the Chief, Civil Service
Commissioners, Board of Fire and Police Commissioners, Board of Fire Commissioners, or Fire Protection
District Board of Trustees and other appointed or elected officials) may see or examine the specific
questions on the actual written examination before the examination is administered. If a sample examination
is used, actual test questions shall not be included. It is a violation of this Act for any member of the
department or the appointing authority to obtain or divulge foreknowledge of the contents of the written
examination before it is administered.
(d) Each department shall maintain reading and study materials for its current written examination and
the reading list for the last 2 written examinations or for a period of 5 years, whichever is less, for each rank
and shall make these materials available and accessible at each duty station.
(e) The provisions of this Section do not apply to the extent that they are in conflict with provisions
otherwise agreed to in a collective bargaining agreement.
(Source: P.A. 97-352, eff. 8-12-11.)
(50 ILCS 742/40)
Sec. 40. Seniority points.
(a) Seniority points shall be based only upon service with the affected department and shall be calculated
as of the date of the written examination. The weight of this component and its computation shall be
determined by the appointing authority or through a collective bargaining agreement.
(b) A seniority list shall be posted before the written examination is given and before the preliminary
promotion list is compiled. The seniority list shall include the seniority date, any breaks in service, the total
number of eligible years, and the number of seniority points.
(Source: P.A. 93-411, eff. 8-4-03.)
(50 ILCS 742/45)
Sec. 45. Ascertained merit.
(a) The promotion test may include points for ascertained merit. Ascertained merit points may be
awarded for education, training, and certification in subjects and skills related to the fire service. The basis
for granting ascertained merit points, after the effective date of this Act, shall be published at least one year
prior to the date ascertained merit points are awarded and all persons eligible to compete for promotion
shall be given an equal opportunity to obtain ascertained merit points unless otherwise agreed to in a
collective bargaining agreement.
(b) Total points awarded for ascertained merit shall be posted before the written examination is
administered and before the promotion list is compiled.
(Source: P.A. 93-411, eff. 8-4-03.)
(50 ILCS 742/50)
Sec. 50. Subjective evaluation.
(a) A promotion test may include subjective evaluation components. Subjective evaluations may include
an oral interview, tactical evaluation, performance evaluation, or other component based on subjective
evaluation of the examinee. The methods used for subjective evaluations may include using any employee
assessment centers, evaluation systems, chiefs points, or other methods.
(b) Any subjective component shall be identified to all applicants prior to its application, be job-related,
and be applied uniformly to all applicants. Every examinee shall have the right to documentation of his or
her score on the subjective component upon the completion of the subjective examination component or
its application. 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
applicants for promotion.
(c) Where chiefs points or other subjective methods are employed that are not amenable to monitoring,
monitors shall not be required, but any disputes as to the results of such methods shall be subject to
resolution in accordance with any collectively bargained grievance procedure in effect at the time of the
test.
(d) Where performance evaluations are used as a basis for 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. These annual evaluations are not
subject to grievance procedures, unless used for points in the promotion process.
(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 applicants for promotion during an assessment center process shall be
impartial professionals who have undergone training to be certified assessors. The training and certification
requirements shall, at a minimum, provide that, to obtain and maintain certification, assessors shall
complete a course of basic training, subscribe to a code of ethical conduct, complete continuing education,
and satisfy minimum activity levels.
(g) The standards for certification shall be established by a Joint Labor and Management Committee
(JLMC) composed of 4 members: 2 designated by a statewide association whose membership is
predominantly fire chiefs representing management interests of the Illinois fire service, and 2 designated
by a statewide labor organization that is a representative of sworn or commissioned firefighters in Illinois.
Members may serve terms of one year subject to reappointment.
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 may charge reasonable fees that are related to the costs of administering authorized programs
and conducting classes, including without limitation the costs of monitoring programs and classes, to the
following: (i) applicants for certifications or re -certifications, (ii) recipients of certifications or re -certifications,
and (iii) individuals and entities approved by the JLMC to conduct programs or classes.
The JLMC's initial certification standards shall be submitted to the Office of the State Fire Marshal by
January 1, 2009. The JLMC may provisionally certify persons who have prior experience as assessors on
promotional examinations in the fire service. Effective January 1, 2010 only those persons who meet the
certification standards developed by the JLMC and submitted to the Office of the State Fire Marshal may
be selected to grade applicants 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 Marshal an
amended list of persons who remain certified, are newly certified, or who are no longer certified.
(h) The Office of the State Fire Marshal shall support the program by adopting certification 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. Within 7 days following the receipt of the list, the parties shall
notify the Office of the assessors they have selected. Unless the parties agree on an alternate selection
procedure, they shall alternatively strike names from the list provided by the Office until only the number of
required assessors remain. A coin toss shall determine which party strikes the first name. 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 certified assessors. In the event an assessor is not able to participate in the
assessment center 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: P.A. 97-174, eff. 7-22-11.)
(50 ILCS 742/55)
Sec. 55. Veterans' preference. A person on a preliminary promotion list who is eligible for veteran's
preference under any law or agreement applicable to an affected department may file a written application
for that preference within 10 days after the initial posting of the preliminary promotion list. The veteran's
preference shall be calculated as provided in the applicable law and added to the applicant's total score on
the preliminary promotion list. Any person who has received a promotion from a promotion list on which his
or her position was adjusted for veteran's preference, under this Act or any other law, shall not be eligible
for any subsequent veteran's preference under this Act.
(Source: P.A. 93-411, eff. 8-4-03.)
(50 ILCS 742/60)
Sec. 60. Right to review. Any affected person or party who believes that an error has been made with
respect to eligibility to take an examination, examination result, placement or position on a promotion list,
or veteran's preference shall be entitled to a review of the matter by the appointing authority or as otherwise
provided by law.
(Source: P.A. 93-411, eff. 8-4-03.)
(50 ILCS 742/65)
Sec. 65. Violations.
(a) 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 Act commits a violation of this Act and
may be subject to charges for official misconduct.
(b) A person who is the knowing recipient of test information in advance of the examination shall be
disqualified from the promotion examination or demoted from the rank to which he was promoted, as
applicable and otherwise subjected to disciplinary actions.
(Source: P.A. 93-411, eff. 8-4-03.)
(50 ILCS 742/900)
Sec. 900. (Amendatory provisions; text omitted).
(Source: P.A. 93-411, eff. 8-4-03; text omitted.)
(50 ILCS 742/999)
Sec. 999. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 93-411, eff. 8-4-03.)
ATTACHMENT B
POLICE DEPARTMENT ASCERTAINED MERIT AND EFFICIENCY
Awarding of Merit and Efficiency Points for Promotion to the Rank of Police Sergeant:
The Chief of Police is authorized by the Oak Brook Board of Fire and Police Commissioners to award up
to 5 merit and efficiency points to the score that is derived by the Board through the prescribed testing
process for Police Sergeant. The Chief of Police will forward the number of merit and efficiency points for
each candidate to the BFPC. The number of points will be added to the score of each candidate who has
passed the examination and will be placed on the eligibility list as determined by the BFPC. These points
will be assessed and added to the scoring prior to any military points that may be available as defined in
the Act.
A first line supervisor must lead by example in order to be effective. Each candidate will receive 0 to 5
points based upon a) attendance, b) performance reviews for the past two years or rating periods, c)
absence of disciplinary action, d) quality of written work and follow-up based upon the random pulling of
two case reports from the previous 12 months, e) demonstration of willingness to go above and beyond
what is expected by either specialized assignment or policy and program development.
a) Attendance
Less than four Occurrences: 1 Point
Habitual Tardiness, Use of sick leave other than by doctors note, FMLA, extended illness over the past
two years preceding the examination process, or any other leave that is protected by law.
b) Performance Reviews
Meets or Above Standards: 1 Point
Qualifying score of Meets Standards or greater over the past two rating periods.
C) Disciplinary Action
No Disciplinary Actions: 1 Point
Presence of any disciplinary action over the past two years.
d) Quality of Work 1 Point
Two completed case reports would be pulled at random for each candidate from the past two years. The
report would be rated blind by a panel of three current sergeants on the officer's willingness of officer to
perform follow up, neighborhood canvas, completing call to its natural conclusion prior to turning it over
for follow up by detectives, and quality of written work.
e) Willingness to Go Above and Beyond 1 Point
Performing a specialized assignment, developing a program or service, involvement or participation in
specialized training leading to a special assignment or detail.
Awarding of Merit and Efficiency Points for Promotion to the Rank of Police Commander:
The Chief of Police is authorized by the Oak Brook Board of Fire and Police Commissioners to award up
to 10 merit and efficiency points to the score that is derived by the Board through the prescribed testing
process for Police Commander. The Chief of Police will forward the number of merit and efficiency points
for each candidate by correspondence to the BFPC. The number of points will be added to the score of
each candidate who has passed the examination and will be placed on the eligibility list as determined by
the BFPC. These points will be assessed and added to the scoring prior to any military points that may be
available as defined in 65 ILCS 5/10-2.1 et. al.
Quality and Efficiency (0 to 5 Points)
A first line supervisor must lead by example in order to be effective. Each candidate will receive 0 to 10
points based upon a) attendance, b) performance reviews for the past two years or rating periods, c)
absence of disciplinary action, d) quality of written work and follow-up based upon the random pulling of
two case reports from the previous 12 months, e) demonstration of willingness to go above and beyond
what is expected by either specialized assignment or policy and program development.
a) Attendance
Less than four Occurrences: 1 Point
Habitual Tardiness, Use of sick leave other than by doctors note, FMLA, extended illness over the past
two years preceding the examination process, or any other leave that is protected by law.
b) Performance Reviews
Above Standards: 1 Point
Meets Standards: 0 Point
Qualifying score of Above Standards or greater over the past two rating periods.
C) Disciplinary Action
No Disciplinary Actions: 1 Point
Presence of any disciplinary action over the past two years.
d) Quality of Work 1 Point
A completed staff study report would be presented by each candidate, completed as a Sergeant, from the
past two years. The staff study report would be rated by a panel of three command officers above the
rank of Sergeant on the Sergeant's quality of written work and recommendations made for the betterment
of the department and/or service to the community.
e) Willingness to Go Above and Beyond 1 Point
Performing or supervising a specialized assignment, developing a program or service, involvement or
participation in specialized training leading to a special assignment or detail.
2. Discretionary Points (0 to 5 Points)
The Chief would maintain and award up to five points solely on subjective measures left up to the discretion
of the Chief. However, the Chief will be using criteria such as the officer's commitment to the Department,
2
willingness towards self-improvement and furthering formal education, input by immediate supervisors, and
commitment to community oriented policing efforts.
a)
Higher Education (Bachelors or Masters Degree)
1 Point
b)
Holding a Specialized Assignment or Certification
1 Point
c)
Participation in COP Programs
1 Point
d)
Organizational and Community Commitment
2 Points
ATTACHMENT C
REMOVAL FROM FURTHER CONSIDERATION LANGUAGE
On behalf of the Oak Brook Board of Fire and Police Commissioners, I regretfully inform you that you have
been dropped from further consideration for the position of (police officer) (firefighter/paramedic). This is a
result of your failure to pass the character and background requirement of the testing process, specified in
Section VI1.6 of the Rules and Regulations of the Board of Fire and Police Commissioners, as stated below:
Failure to achieve the minimum passing grade in any test disqualifies the applicant from
any further participation in the examination process.
Thank you for your interest in employment with the Village of Oak Brook. We wish you well in your future
endeavors.