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Local Government Q&A Ancel Glink attorneys each month post a new question and answer on the website. Many of these questions have been edited and collected in a pamphlet in the Ancel Glink Library: 230 Questions that have Actual Answers. Set out below are a series of recent questions and answers. Test your knowledge of questions and answers about local governmental bodies with those listed below. Many of these questions are directed to municipalities, but others specifically deal with municipalities with some questions concern legal issues in the context of other governmental bodies. Many of these answers apply to all governments in Illinois.Click here to submit a question to Ancel Glink.
Municipal Q&A - February 2005
Does an arrest or conviction record bar hiring as a police officer or firefighter?
by Nicholas A. Grojean
ANSWER:
Sometimes, but not always. The Division of the Municipal Code concerning the Board of Fire and Police Commissioners provides that all applicants for positions in fire and police departments are subject to reasonable eligibility limitations based upon their habits and moral character. 65 ILCS 5/10-2.1-6(a). Additionally, Section 10-2.1-6(j) of the Code requires that no person be appointed to the fire or police department unless he or she is a person of good moral character and not a habitual drunkard, gambler, or a person who has been convicted of a felony or a crime involving moral turpitude. Determining the boundaries between good and bad moral character, however, can often be very difficult. Complicating matters more, what constitutes a reasonable limitation is different in regards to a fire department applicant than it is for a police department applicant. In any case, local governments must be careful to always exercise their statutorily granted discretion in an objective and consistent manner.
Fire Department Applicants
Elaborating on the meaning of "habits and moral character" and the specific limitations available, the Municipal Code states that misdemeanor convictions shall not cause an applicant to be disqualified, based upon habit or moral character grounds, from taking the examination for a position in the fire department, except in the cases of certain listed criminal acts (e.g. certain sexual offenses, assault offenses, theft, weapons offenses, etc.). 65 ILCS 5/10-2.1-6(c). This Division also provides that no person whose arrest does not result in conviction shall be disqualified on grounds of habit or moral character from taking the examination for the fire department. Id. For fire department applicants, then, persons convicted of felonies and crimes of moral turpitude are prohibited from appointment; and applicants are also subject to discretionary limitations based upon habits and moral character, with the caveat that arrests without conviction and misdemeanors not specifically listed shall not bar eligibility.
Police Department Applicants
The Fire and Police Commissioners Division of the Municipal Code leaves the standard fairly unclear for police applicants, other than stating in very generalized language that persons convicted of felonies and crimes of moral turpitude are prohibited from appointment, and that reasonable limitations are available based upon habits and moral character, without specifying further. However, Section 10-1-7(c) of the Municipal Code (Civil Service Division) explicitly allows for broader discretion in considering the habits and moral character of police department applicants than is allowed for fire department applicants:
No person with a record of misdemeanor convictions except those under Sections 11-6 [and the rest of the sections applicable to fire department applicants] . . . .of the Criminal Code of 1961 or arrested for any cause but not convicted on that cause shall be disqualified from taking the examination on grounds of habits or moral character, unless the person is attempting to qualify for an position on the police department, in which case the conviction or arrest may be considered as a factor in determining the person's habits or moral character (emphasis added).
Therefore, boards and commissions may consider convictions beyond those listed for fire applicants, and they may even disqualify an individual arrested for but not convicted of any misdemeanor. Caution should be taken, however, before automatically disqualifying applicants based upon arrest records, especially when the disqualifications could have a disparate impact on minority representation on the force, rendering the considerations suspect and forcing the employer to establish a business necessity for the practice. Additionally, it should be noted that the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq., prohibits job application questions concerning arrest records (as opposed to conviction records), so whether or not an arrest without conviction may be practically used in a determination of character is debatable.
Previous Questions
Are Local Governments Eligible
For Grants From Private Foundations?
What Does the New Bankruptcy Law Mean for Municipalities?
Can an Illinois governmental body either by ordinance or referendum provide for the recall of its elected officials?
Is it important for governmental bodies to obtain completion and payment bonds for public works projects?
Can a local government ban convicted sex offenders from use of public parks?
Business Development District Sales Tax:
A New Revenue Source for Municipalities
May a local government require a developer to pay the cost of review of development plans?
May a governmental body give money to a charitable or religious organization?
What is the new Illinois law regarding terms of office of elected public officials?
Are religious institutions entitled to special treatment in zoning cases?
What Must Municipal Officials Do To Comply With The New Federal and State Overtime Regulations?
What Must Municipal Officials Do To Comply With The New State Ethics Acts?
Can a special use or variance be granted only to a particular person for for a limited time?
Does charging a fee for private use of public property destroy its tax-exempt status?
Does the one-year tort statute of limitations always apply against governmental bodies?
Do fire protection district codes supercede municipal codes?
Are Courts Especially Hard On Governmental Bodies?
What Are the New Rules About Recording Closed Meetings?
What Does a Municipality Need to Know About Extending
Utility Lines?
Are Courts Especially Hard On Governmental Bodies?
How Can You Achieve Flexibilty in
Health Care Coverages in a Collective Bargaining Agreement?
Are political discussions subject to the Open Meetings Act?
What can be done about IMRF Overfunding?
How can a municipality regulate wireless internet service providers?
How can governments counter unionization?
Where can I find an outline of zoning and planning issues?
How are closed session Minutes taken, approved and reviewed?
Will insurance companies and governmental pools cover claims
for "regulatory takings?"
Who gets to choose the municipal attorney?
How are the Open Meetings Act and FOIA impacted by municipal
elections?
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