Illinois Compiled Statutes

65 ILCS 5/10-2.1-1 (2026)

Appointment-Terms of office

✓ current as of May 2026
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(65 ILCS 5/10-2.1-1) (from Ch. 24, par. 10-2.1-1)
    Sec. 10-2.1-1. Appointment-Terms of office.
    In every municipality with a population of at least 5,000 and not more than 250,000 which is not subject to Division 1 of this Article, and in every municipality with a population of less than 5,000 which adopts this Division 2.1 as provided in Section 10-2.1-27, including in either event any municipality incorporated and existing under a special charter, the mayor of the city, with the consent of the city council or the president of the village or incorporated town, with the consent of the board of trustees, shall appoint a board of fire and police commissioners. This board shall consist of 3 members, whose terms of office shall be 3 years and until their respective successors are appointed and have qualified, except as provided in Section 10-2.1-2. No such appointment, however, shall be made by any mayor or president within 30 days before the expiration of his term of office.
(Source: P.A. 76-1445.)

    
Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1997–2023 · leading case: Aleckson v. Vill. of Round Lake Park, 679 N.E.2d 1224 (Ill. 1997).
Aleckson v. Vill. of Round Lake Park, 679 N.E.2d 1224 (Ill. 1997). “Plaintiffs alleged that defendants violated various sections of the Illinois Municipal Code (65 ILCS 5/10-2.1-1 et seq. (West 1992)) during a promotional examination administered by defendants on November 12, 1992.”
Ores v. Vill. of Dolton, 152 F. Supp. 3d 1069 (N.D. Ill. 2015). · cites it 2× “The Village of Dolton was subject to the Illinois Fire and Police Commission Act, 65 ILCS 5/10-2.1-1 et seq. DSOF ¶ 4; R. 65-2, Exh.”
The Vill. of Posen, Illinois v. Illinois Fraternal Order of Police Labor Council, 2014 IL App (1st) 133329 (Ill. App. Ct. 2014). · cites it 2× “Posen is a home rule unit of government, however, and therefore can adopt hiring and firing procedures different from those set forth in the Illinois Municipal Code (65 ILCS 5/10-2.1-1 et seq. (West 2012)), commonly known as the “Police and Fire Commissioners Law.”
Vill. of Posen, Illinois v. Illinois Fraternal Order of Police Labor Council, 2014 IL App (1st) 133329 (Ill. App. Ct. 2014). “Posen is a home rule unit of government, however, and therefore can adopt hiring and firing procedures different from those set forth in the Illinois Municipal Code (65 ILCS 5/10-2.1-1 et seq. (West 2012)), commonly known as the “Police and Fire Commissioners Law.”
Cronholm v. Bd. of Trs. of the Lockport Fire Prot. Dist. Firefighters' Pension Fund, 2016 IL App (3d) 150122 (Ill. App. Ct. 2016). “1 of article 10 of the Illinois Municipal Code (65 ILCS 5/10-2.1-1 et seq. (West 2010)), or was subject to neither division 1 nor 2.”
Nall v. Intern. Ass'n of Mach. & Aero., 719 N.E.2d 300 (Ill. App. Ct. 1999). “Markham argued the Municipal Code established mandatory procedures governing the discipline (see 65 ILCS 5/10-2.1-1 et seq. (West 1996)). Because it was not a home rule unit of government, Markham alleged it could not alter these procedures, thereby limiting its ability to…”
Lewis v. Harris, 965 F. Supp. 1179 (C.D. Ill. 1997). “Rule 44 virtually mirrors 65 ILCS 5/10-1-14, except that Rule 44 requires the written statement of reasons for discharge to be served upon the probationary employee the appointing authority seeks to discharge.”
Soto v. The Bd. of Fire & Police Commissioners, 2013 IL App (2d) 120677 (Ill. App. Ct. 2013). “First, the Board’s hiring process falls under the purview of the Illinois Municipal Code (Municipal Code) (65 ILCS 5/10-2.1-1 et seq. (West 2010)), which, in section 10-2.”
City of Markham v. State & Mun. Teamsters, Chauffeurs & Helpers, Local 726 (Ill. App. Ct. 1998). · cites it 3× “On appeal, the following issues are raised: (1) whether the arbitrator had the authority to impose upon the City, as a non-home rule entity, a collective bargaining agreement which provides for employee discipline different from that mandated by the General Assembly in the…”
Marshall v. Vill. of Dwight, a Mun. Corp. (C.D. Ill. 2023). “Counts 1 and 4- Illinois Statutory Claims The first and fourth counts in Plaintiffs’ complaint raise statutory challenges to Marshall’s (Count I) and Groll’s (Count 4) termination under the Board of Fire and Police Commissioners Act (“the Act”), 65 ILCS 5/10-2.1-1 et seq. This…”
Illinois Nurses Ass'n v. Bd. of Trs. of the Univ. of Illinois Modified upon Denial of Rehearing Original opinion filed Nov. 22, 2000 (Ill. App. Ct. 2001). “In City of Markham , the court held that discipline of police officers was not a proper subject for bargaining due to the mandatory procedures for discipline set forth in the Illinois Municipal Code (65 ILCS 5/10-2.1-1 et seq . (West 1996)).”
Fraternal Order of Police Labor Council v. Town of Cicero (Ill. App. Ct. 1998). “The city argued that pursuant to the Illinois Municipal Code (Municipal Code) (65 ILCS 5/10-2.1-1 et seq. (West 1996)) it did not have the power to delegate the board of police commissioners' authority to hear matters of discipline.”
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