State of Illinois
91st General Assembly
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Public Act 91-0650

HB1165 Enrolled                                LRB9102387EGfg

    AN ACT to amend the Illinois Municipal Code.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Illinois  Municipal Code is amended by
changing Sections 10-1-18 and 10-2.1-17 as follows:

    (65 ILCS 5/10-1-18) (from Ch. 24, par. 10-1-18)
    Sec. 10-1-18. (a) Except as hereinafter provided in  this
Section,  no  officer  or  employee  in  the classified civil
service of any municipality who is appointed under the  rules
and  after  examination,  may  be  removed  or discharged, or
suspended for a period of more than 30 days, except for cause
upon written charges and after an opportunity to be heard  in
his  own  defense.    The  hearing  shall  be  as hereinafter
provided, unless the  employer  and  the  labor  organization
representing  the  person  have  negotiated an alternative or
supplemental  form  of  due  process  based  upon   impartial
arbitration  as  a term of a collective bargaining agreement.
In non-home rule units of government, such  bargaining  shall
be permissive rather than mandatory unless such contract term
was  negotiated  by  the  employer and the labor organization
prior to or at  the  time  of  the  effective  date  of  this
amendatory  Act,  in  which  case  such  bargaining  shall be
considered mandatory.
    Such charges shall be investigated by or before the civil
service commission, or by or before  some  officer  or  board
appointed  by  the  commission to conduct that investigation.
The finding and decision of that commission or  investigating
officer  or  board, when approved by the commission, shall be
certified to the appointing officer, and shall  forthwith  be
enforced  by that officer.  Before any officer or employee in
the  classified  service   of   any   municipality   may   be
interrogated or examined by or before any disciplinary board,
or  departmental  agent or investigator, the results of which
hearing, interrogation or examination may be  the  basis  for
filing  charges  seeking his removal or discharge, he must be
advised in writing as to what specific  improper  or  illegal
act  he  is  alleged to have committed; he must be advised in
writing that  his  admissions  made  in  the  course  of  the
hearing,  interrogation  or  examination  may  be used as the
basis for charges seeking his removal or  discharge;  and  he
must  be  advised in writing that he has the right to counsel
of his own choosing present to advise  him  at  any  hearing,
interrogation  or  examination;  and a complete record of any
hearing, interrogation or examination shall  be  made  and  a
complete transcript thereof made available to such officer or
employee  without  charge and without delay.  Nothing in this
Division 1 limits the power  of  any  officer  to  suspend  a
subordinate  for  a  reasonable period, not exceeding 30 days
except that any employee or officer suspended for more than 5
days or suspended within 6 months after a previous suspension
shall be entitled, upon request,  to  a  hearing  before  the
civil  service  commission  concerning  the propriety of such
suspension.  In the course of an  investigation  of  charges,
each  member of the commission, and of any board so appointed
by it, and any officer so appointed, may administer oaths and
may secure by its subpoena both the attendance and  testimony
of witnesses, and the production of books and papers relevant
to  the  investigation.  Nothing  in  this  Section  shall be
construed to require such charges or investigation  in  cases
of  persons  having  the custody of public money for the safe
keeping of which another person has given bonds.
    This  subsection  (a)  does  not  apply  to   police   or
firefighters   in   the   classified   civil   service  of  a
municipality of 500,000 or fewer inhabitants.
    (b)  No  officer  or  employee  of  a  police   or   fire
department   in   the   classified   civil   service  of  any
municipality having  500,000  or  fewer  inhabitants  who  is
appointed  under  the  rules  and  after  examination, may be
removed or discharged, or suspended for a period of more than
5 calendar days, except for cause upon  written  charges  and
after  an  opportunity  to  be heard in his own defense.  The
hearing shall be as hereinafter provided, unless the employer
and the  labor  organization  representing  the  person  have
negotiated an alternative or supplemental form of due process
based  upon  impartial  arbitration as a term of a collective
bargaining agreement.  In non-home rule units of  government,
such  bargaining  shall  be  permissive rather than mandatory
unless such contract term was negotiated by the employer  and
the  labor  organization  prior  to  or  at  the  time of the
effective date of this amendatory Act,  in  which  case  such
bargaining shall be considered mandatory.
    Such charges shall be investigated by or before the civil
service  commission,  or  by  or before some officer or board
appointed by the commission to  conduct  that  investigation.
The  finding and decision of that commission or investigating
officer or board, when approved by the commission,  shall  be
certified  to  the appointing officer, and shall forthwith be
enforced  by  that  officer.   Before  any  such  officer  or
employee of a police or fire department may  be  interrogated
or   examined   by  or  before  any  disciplinary  board,  or
departmental agent or  investigator,  the  results  of  which
hearing,  interrogation  or  examination may be the basis for
filing charges seeking his removal or discharge, he  must  be
advised  in  writing  as to what specific improper or illegal
act he is alleged to have committed; he must  be  advised  in
writing  that  his  admissions  made  in  the  course  of the
hearing, interrogation or examination  may  be  used  as  the
basis  for  charges  seeking his removal or discharge; and he
must be advised in writing that he  has  the  right  to  have
counsel  of  his  own  choosing  present to advise him at any
hearing, interrogation or examination; and a complete  record
of  any  hearing,  interrogation or examination shall be made
and a complete transcript  thereof  made  available  to  such
officer or employee without charge and without delay. Nothing
in this Division 1 limits the power of the chief officer of a
police  or  fire  department  to  suspend a subordinate for a
reasonable period, not exceeding 5  calendar  days,  provided
the  civil service commission is promptly notified thereof in
writing.  Any employee  or  officer  so  suspended  shall  be
entitled, upon request, to a hearing before the civil service
commission  concerning the propriety of such suspension. Upon
such hearing, the commission may sustain the  action  of  the
chief  of  the  department,  may reverse it with instructions
that the person receive his pay for the period  involved,  or
may  suspend  the person for an additional period of not more
than 30 days or  discharge  him,  depending  upon  the  facts
presented. In the course of an investigation of charges, each
member  of  the  commission, and of any board so appointed by
it, and any officer so appointed, may  administer  oaths  and
may  secure by its subpoena both the attendance and testimony
of witnesses, and the production of books and papers relevant
to  the  investigation.  If  the  charge  is  based  upon  an
allegation of the use  of  unreasonable  force  by  a  police
officer,  the charge must be brought within 5 years after the
commission of the act upon which the  charge  is  based.  The
statute of limitations established in this Section 10-1-18(b)
shall  apply  only to acts of unreasonable force occurring on
or after the effective date of this amendatory Act of 1992.
    (c)  Whenever   the   corporate   authorities   of    any
municipality  in  which  this  Division  1  is  in operation,
designates by ordinance or whenever any general law  of  this
state  designates  any specific age of not less than 63 years
as the maximum age  for  legal  employment  of  policemen  or
firemen  in the service of any municipality which has adopted
or shall adopt this Division 1 or designates any minimum  age
for  the  automatic  or compulsory retirement of policemen or
firemen  in  the  service  of  that  municipality,  any  such
policeman or fireman to whom such ordinance or law may  refer
or  apply  upon  attaining  the designated age of 63 years or
upwards as set out in the ordinance or  law  shall  forthwith
and   immediately   be  retired  from  the  service  of  that
municipality in accordance with the terms  or  provisions  of
that  ordinance  or  law. The civil service commission of the
municipality shall  discharge  or  retire  automatically  any
policeman  or  fireman in the classified civil service of the
municipality at the time and in the manner provided  in  that
ordinance  or  law and certify the retirement or discharge to
the proper branch or department head. In the case of any such
policeman  or  fireman  who  has  filed  an  application  for
appointment  in  the  classified   civil   service   of   the
municipality,  the  age  stated  in that application shall be
conclusive evidence against that policeman or fireman of  his
age,  but  the  civil  service commission (except as respects
police department officers and employees in municipalities of
more than 500,000 population where  the  Police  Board  shall
exercise  these  powers as provided in Section 10-1-18.1) may
hear testimony and consider all  evidence  available  in  any
case  in which any charge is filed against any such policeman
or fireman alleging  that  he  understated  his  age  in  his
application for appointment into the classified civil service
of the municipality.
    In  addition  to all the other powers now granted by law,
the corporate  authorities  of  any  municipality  which  has
adopted  or  shall  adopt  this  Division  1 may by ordinance
provide an age limit of not less than 63 years as the maximum
age for the legal employment of  any  person  employed  as  a
policeman  or  fireman under this Division 1, and may provide
in that ordinance for the automatic or compulsory  retirement
and discharge of the policeman or fireman upon his attainment
of the designated retirement age.
    This Section does not apply to the suspension, removal or
discharge  of  officers  and civilian employees of the police
department in the classified civil service of a  municipality
of  more  than  500,000  but  that disciplinary action may be
taken by the Police Board,  rather  than  the  civil  service
commission, as provided in Section 10-1-18.1.
    (d)  Commencing  on  January 1, 1993, each board or other
entity responsible for determining whether or not to  file  a
charge shall, no later than December 31 of each year, publish
a  status  report  on  its  investigations  of allegations of
unreasonable force. At a minimum,  the  status  report  shall
include the following information:
         (1)  the  number  of police officers against whom an
    allegation of unreasonable force was made;
         (2)  the number of allegations of unreasonable force
    made against each such police officer;
         (3)  the number  of  police  officers  against  whom
    disciplinary   charges   were   filed  on  the  basis  of
    allegations of unreasonable force;
         (4)  a listing of investigations of  allegations  of
    unreasonable  force pending as of the date of the report,
    together with the dates on which  such  allegations  were
    made; and
         (5)  a  listing of allegations of unreasonable force
    for which the board has determined not to file charges.
    These status reports shall not disclose the  identity  of
    any  witness  or  victim,  nor  shall  they  disclose the
    identity of any police officer who is the subject  of  an
    allegation  of  unreasonable  force against whom a charge
    has not been filed.   The  information  underlying  these
    status  reports  shall  be  confidential  and exempt from
    public inspection and copying, as provided under  Section
    7 of the Freedom of Information Act.
(Source: P.A. 87-1239.)

    (65 ILCS 5/10-2.1-17) (from Ch. 24, par. 10-2.1-17)
    Sec.  10-2.1-17.   Removal or discharge; investigation of
charges; retirement.   Except  as  hereinafter  provided,  no
officer  or  member  of  the fire or police department of any
municipality subject to this Division 2.1 shall be removed or
discharged except for cause, upon written charges, and  after
an  opportunity  to be heard in his own defense.  The hearing
shall be as hereinafter provided, unless the employer and the
labor organization representing the person have negotiated an
alternative or supplemental form of due  process  based  upon
impartial  arbitration  as  a term of a collective bargaining
agreement.   In  non-home  rule  units  of  government,  such
bargaining shall be permissive rather than  mandatory  unless
such  contract  term  was  negotiated by the employer and the
labor organization prior to or at the time of  the  effective
date  of  this  amendatory Act, in which case such bargaining
shall be considered mandatory.
    If the chief of the fire department or the chief  of  the
police department or both of them are appointed in the manner
provided  by  ordinance, they may be removed or discharged by
the  appointing  authority.   In  such  case  the  appointing
authority shall  file  with  the  corporate  authorities  the
reasons  for  such  removal  or  discharge,  which removal or
discharge shall not become effective unless  confirmed  by  a
majority  vote  of  the  corporate authorities.  The board of
fire and  police  commissioners  shall  conduct  a  fair  and
impartial  hearing  of the charges, to be commenced within 30
days of the filing thereof, which hearing  may  be  continued
from  time  to  time.   In case an officer or member is found
guilty, the board may discharge him, or may suspend  him  not
exceeding  30  days  without  pay.  The board may suspend any
officer or member pending the hearing with  or  without  pay,
but  not  to exceed 30 days.  If the Board of Fire and Police
Commissioners determines that the charges are not  sustained,
the  officer  or  member  shall  be  reimbursed for all wages
withheld, if any.  In  the  conduct  of  this  hearing,  each
member  of the board shall have power to administer oaths and
affirmations, and the board shall have power to secure by its
subpoena both the attendance and testimony of  witnesses  and
the production of books and papers relevant to the hearing.
    The  age  for  retirement  of policemen or firemen in the
service of any municipality which adopts this Division 2.1 is
65 years, unless the Council or Board of  Trustees  shall  by
ordinance  provide  for an earlier retirement age of not less
than 60 years.
    The provisions of the Administrative Review Law, and  all
amendments  and  modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern  all  proceedings
for  the judicial review of final administrative decisions of
the board of fire and police  commissioners  hereunder.   The
term "administrative decision" is defined as in Section 3-101
of the Code of Civil Procedure.
    Nothing in this Section shall be construed to prevent the
chief  of  the  fire  department  or  the chief of the police
department from  suspending  without  pay  a  member  of  his
department for a period of not more than 5 calendar days, but
he   shall  notify  the  board in writing of such suspension.
The hearing shall be  as  hereinafter  provided,  unless  the
employer  and  the labor organization representing the person
have negotiated an alternative or supplemental  form  of  due
process  based  upon  impartial  arbitration  as  a term of a
collective bargaining agreement.  In non-home rule  units  of
government,  such  bargaining shall be permissive rather than
mandatory unless such contract term  was  negotiated  by  the
employer  and  the labor organization prior to or at the time
of the effective date of this amendatory Act, in  which  case
such bargaining shall be considered mandatory.
    Any  policeman  or fireman so suspended may appeal to the
board of fire and police commissioners for a  review  of  the
suspension  within 5 calendar days after such suspension, and
upon such appeal, the board may sustain  the  action  of  the
chief  of  the  department,  may reverse it with instructions
that the man receive his  pay for the period involved, or may
suspend the officer for an additional period of not more than
30 days or discharge him, depending upon the facts presented.
(Source: P.A. 85-915.)

    Section 99. Effective date.  This Act takes  effect  upon
becoming law.

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