Division 3 - Hours, Wages and Working Conditions Of Policemen And Firemen
(65 ILCS 5/Art. 10 Div. 3 heading) DIVISION 3. HOURS, WAGES AND WORKING CONDITIONS OF POLICEMEN AND FIREMEN
(65 ILCS 5/10‑3‑1) (from Ch. 24, par. 10‑3‑1)
Sec. 10‑3‑1. The salary to be paid to a policeman in any municipality with 5,000 or more inhabitants but with less than 25,000 inhabitants, shall be not less than $500 per month. The salary to be paid to a policeman in any municipality with 25,000 or more inhabitants but with less than 50,000 inhabitants shall be not less than $550 per month. The salary to be paid to a policeman in any municipality with 50,000 or more inhabitants but with less than 250,000 inhabitants shall be not less than $600 per month.
In this Section 10‑3‑1 "policeman" means any member of a regularly constituted police department of a municipality, sworn and commissioned to perform police duties, and includes the chief of police, assistant chief of police, chief of detectives, captains, lieutenants, sergeants, plain clothes men and patrolmen. The term "policeman" as used in this Section 10‑3‑1 does not include any of the following persons: Part time policemen, special policemen, auxiliary police officers, policemen serving initial probationary periods, night watchmen, temporary employees, clerks or other civilian employees of a police department, traffic guards, civilian parking meter and parking facilities personnel or so‑called auxiliary police officers specially appointed to aid or direct traffic at or near schools or public functions, or to aid in civilian defense, or special policemen temporarily employed or commissioned as police officers.
(Source: P.A. 94‑984, eff. 6‑30‑06.)
(65 ILCS 5/10‑3‑2) (from Ch. 24, par. 10‑3‑2)
Sec. 10‑3‑2.
The salary to be paid to a fireman in any municipality with 5,000 or more inhabitants but with less than 25,000 inhabitants, shall be not less than $500 per month. The salary to be paid to a fireman in any municipality with 25,000 or more inhabitants but with less than 50,000 inhabitants, shall be not less than $550 per month. The salary to be paid to a fireman in any municipality with 50,000 or more inhabitants but with less than 250,000 inhabitants shall be not less than $600 per month.
In this Section 10‑3‑2, "fireman" means any member of a regularly constituted fire department of a municipality, appointed or commissioned to perform fire fighting duties, and includes the fire chief, assistant fire chief, captain, engineer, driver, ladder man, hose man, pipe man, and any other member of a regularly constituted fire department. The term "fireman" as used in this Section 10‑3‑2 does not mean any cadet, special fireman temporarily employed or firemen serving initial probationary periods.
This amendatory Act of 1973 does not apply to any municipality which is a home rule unit.
(Source: P. A. 78‑402.) |
(65 ILCS 5/10‑3‑3) (from Ch. 24, par. 10‑3‑3)
Sec. 10‑3‑3.
Subject to the exemptions enumerated in Section 10‑3‑4, no person employed in the fire department of any municipality having a population of over 10,000 shall be required to remain on duty in his employment for periods of time which, in the aggregate in any month, amount to more than 56 hours for each week in that month.
(Source: P. A. 77‑527.) |
(65 ILCS 5/10‑3‑3.1)
Sec. 10‑3‑3.1. Distinct police and fire duties. A non‑home rule municipality shall not assign a "fireman", as defined in Section 10‑3‑2, to perform police duties or a "policeman", as defined in Section 10‑3‑1, to perform firefighting duties or in any way combine the duties of a fireman or a policeman after his or her appointment from a police department or fire department register of eligibles. A non‑home rule municipality shall not administer its fire department's or police department's regular work assignments in a manner inconsistent with this Section. This Section does not apply to any municipality that created a department of public safety before January 1, 1998.
(Source: P.A. 94‑720, eff. 1‑6‑06.)
(65 ILCS 5/10‑3‑4) (from Ch. 24, par. 10‑3‑4)
Sec. 10‑3‑4. The provisions of Section 10‑3‑3 do not apply:
(1) To the person in command of a municipal fire department;
(2) To employees of a fire department who are employed subject to call;
(3) To the members or employees of a fire department, when required to remain on duty by the marshal or chief officer or any of his aids on account of a serious emergency caused by conflagration, riot, or other causes.
(Source: Laws 1961, par. 576.) |
(65 ILCS 5/10‑3‑5) (from Ch. 24, par. 10‑3‑5)
Sec. 10‑3‑5. Any mayor, president, commissioner, alderman, or trustee, who violates the provisions of Section 10‑3‑3, is guilty of a Class B misdemeanor.
(Source: P. A. 77‑2500.) |
(65 ILCS 5/10‑3‑6) (from Ch. 24, par. 10‑3‑6)
Sec. 10‑3‑6. In all cities and villages which have adopted "An Act to regulate the hours of labor of employees in the fire department in cities and villages," approved June 26, 1913, as therein provided for, or which adopt this section as provided for in Section 10‑3‑7, no employee of the fire department shall be compelled to be on duty more than 10 consecutive hours during the period between sunrise and sunset, nor more than 14 consecutive hours during the period between sunset and sunrise.
The head or chief officer of the department shall so arrange the working hours of the employees of the department that each employee shall work, as near as may be, an equal number of hours per month. However, the head or chief officer of the department, his aids or assistants, in their discretion, in cases of great emergency or necessity, may require the employees to continue at their work or duties until, in the judgment of the head or chief of the department, his aids or assistants, the work or services of the employees is no longer required.
(Source: Laws 1961, p. 576.) |
(65 ILCS 5/10‑3‑7) (from Ch. 24, par. 10‑3‑7)
Sec. 10‑3‑7. The electors of any city or village may adopt the provisions of Section 10‑3‑6 in the following manner: Whenever the electors in any city or village equal in number to 5% of the number of legal votes cast at the last preceding general municipal election petition the city or village clerk for the submission of the proposition as to whether that city or village shall adopt the provisions of Section 10‑3‑6 of the Illinois Municipal Code, that clerk shall certify the proposition for submission at the next succeeding general municipal election, and if the proposition is not adopted at that election it may be submitted in like manner at any general municipal election thereafter.
The proposition shall be in substantially the following form:
‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑
Shall the provisions of Section
10‑3‑6 of the Illinois Municipal Code, YES
providing for the regulation of ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑
working hours of employees in the NO
fire department, be adopted?
‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑
If a majority of the electors in the municipality voting thereon vote for the adoption of Section 10‑3‑6, it is adopted by and shall be in force in that municipality.
(Source: P.A. 81‑1489.) |
(65 ILCS 5/10‑3‑8) (from Ch. 24, par. 10‑3‑8)
Sec. 10‑3‑8. Whenever a dispute exists concerning wages, hours of labor, or conditions of employment of members of the fire department of any municipality with a population of 5,000 or more, a firemen's arbitration board shall be appointed as provided in Section 10‑3‑9.
(Source: Laws 1961, p. 576.) |
(65 ILCS 5/10‑3‑9) (from Ch. 24, par. 10‑3‑9)
Sec. 10‑3‑9. The firemen's arbitration board shall consist of 5 members, 4 of whom shall be appointed by the corporate authorities. In making 2 of such appointments the corporate authorities shall give due consideration to the recommendations of members of the fire department. The 4 members appointed by the corporate authorities shall select a fifth member of the board. The firemen's arbitration board shall meet and organize as soon as possible after its appointment. Such board shall select from its membership a chairman and such other officers as it deems necessary.
(Source: Laws 1961, p. 576.) |
(65 ILCS 5/10‑3‑10) (from Ch. 24, par. 10‑3‑10)
Sec. 10‑3‑10. The firemen's arbitration board shall conduct hearings with dispatch for the purpose of hearing evidence relevant to the subject of the dispute and shall, as soon as practicable, report its findings and recommendations to the corporate authorities and to any organization of the firemen of the municipality. Such board's recommendation shall be advisory only and shall not be binding upon the municipality or upon the members of the fire department.
(Source: Laws 1961, p. 576.) |
(65 ILCS 5/10‑3‑11) (from Ch. 24, par. 10‑3‑11)
Sec. 10‑3‑11. Members of the firemen's arbitration board shall serve without compensation, but the expenses of any hearings conducted by such board shall be borne by the municipality.
(Source: Laws 1961, p. 576.) |
(65 ILCS 5/10‑3‑12) (from Ch. 24, par. 10‑3‑12)
Sec. 10‑3‑12. (a) A fireman who is an elected state officer of a statewide labor organization that is a representative of municipal firemen in Illinois shall be granted leave by the municipality, without loss of pay or benefits and without being required to make up for lost time, for work hours devoted to performing the fireman's responsibilities as an elected state officer of the statewide labor organization; provided that the elected officer has arranged for a fireman from the same municipality who is qualified to perform the absent fireman's duties to work for those hours. This Section shall not apply to any municipality with a population of 1,000,000 or more.
(b) The statewide labor organization shall, by May 1 of each year:
(1) designate 4 elected state officers, whose right |
| to leave while carrying out their duties for the organization shall be limited to 20 shifts per officer per year (for years beginning May 1 and ending April 30); and | |
(2) notify each municipality that is the employer of |
| an elected state officer to whom this Section applies, identifying the elected state officer, and indicating whether the officer is one of those limited to 20 shifts per year. | |
(c) The regulation of leave for a fireman who is employed by a municipality with a population of less than 1,000,000 and who is an elected state officer of a statewide labor organization in Illinois, while he is performing the duties of that office, is an exclusive power and function of the State. Pursuant to subsection (h) of Section 6 of Article 7 of the Illinois Constitution, a home rule municipality with a population of less than 1,000,000 may not regulate the leave of a fireman for work hours devoted to the fireman's responsibilities as an elected state officer of a statewide labor organization. This Section is a denial and limitation of home rule powers.
(d) For the purposes of this Section:
"Statewide labor organization" means an organization representing firefighters employed by at least 85 municipalities in this State, that is affiliated with the Illinois State Federation of Labor.
"Elected state officer" means a full‑time firefighter who is one of the 9 top elected officers of the statewide labor organization.
(Source: P.A. 86‑1395.) |