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91_HB1165enr
HB1165 Enrolled LRB9102387EGfg
1 AN ACT to amend the Illinois Municipal Code.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Municipal Code is amended by
5 changing Sections 10-1-18 and 10-2.1-17 as follows:
6 (65 ILCS 5/10-1-18) (from Ch. 24, par. 10-1-18)
7 Sec. 10-1-18. (a) Except as hereinafter provided in this
8 Section, no officer or employee in the classified civil
9 service of any municipality who is appointed under the rules
10 and after examination, may be removed or discharged, or
11 suspended for a period of more than 30 days, except for cause
12 upon written charges and after an opportunity to be heard in
13 his own defense. The hearing shall be as hereinafter
14 provided, unless the employer and the labor organization
15 representing the person have negotiated an alternative or
16 supplemental form of due process based upon impartial
17 arbitration as a term of a collective bargaining agreement.
18 In non-home rule units of government, such bargaining shall
19 be permissive rather than mandatory unless such contract term
20 was negotiated by the employer and the labor organization
21 prior to or at the time of the effective date of this
22 amendatory Act, in which case such bargaining shall be
23 considered mandatory.
24 Such charges shall be investigated by or before the civil
25 service commission, or by or before some officer or board
26 appointed by the commission to conduct that investigation.
27 The finding and decision of that commission or investigating
28 officer or board, when approved by the commission, shall be
29 certified to the appointing officer, and shall forthwith be
30 enforced by that officer. Before any officer or employee in
31 the classified service of any municipality may be
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1 interrogated or examined by or before any disciplinary board,
2 or departmental agent or investigator, the results of which
3 hearing, interrogation or examination may be the basis for
4 filing charges seeking his removal or discharge, he must be
5 advised in writing as to what specific improper or illegal
6 act he is alleged to have committed; he must be advised in
7 writing that his admissions made in the course of the
8 hearing, interrogation or examination may be used as the
9 basis for charges seeking his removal or discharge; and he
10 must be advised in writing that he has the right to counsel
11 of his own choosing present to advise him at any hearing,
12 interrogation or examination; and a complete record of any
13 hearing, interrogation or examination shall be made and a
14 complete transcript thereof made available to such officer or
15 employee without charge and without delay. Nothing in this
16 Division 1 limits the power of any officer to suspend a
17 subordinate for a reasonable period, not exceeding 30 days
18 except that any employee or officer suspended for more than 5
19 days or suspended within 6 months after a previous suspension
20 shall be entitled, upon request, to a hearing before the
21 civil service commission concerning the propriety of such
22 suspension. In the course of an investigation of charges,
23 each member of the commission, and of any board so appointed
24 by it, and any officer so appointed, may administer oaths and
25 may secure by its subpoena both the attendance and testimony
26 of witnesses, and the production of books and papers relevant
27 to the investigation. Nothing in this Section shall be
28 construed to require such charges or investigation in cases
29 of persons having the custody of public money for the safe
30 keeping of which another person has given bonds.
31 This subsection (a) does not apply to police or
32 firefighters in the classified civil service of a
33 municipality of 500,000 or fewer inhabitants.
34 (b) No officer or employee of a police or fire
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1 department in the classified civil service of any
2 municipality having 500,000 or fewer inhabitants who is
3 appointed under the rules and after examination, may be
4 removed or discharged, or suspended for a period of more than
5 5 calendar days, except for cause upon written charges and
6 after an opportunity to be heard in his own defense. The
7 hearing shall be as hereinafter provided, unless the employer
8 and the labor organization representing the person have
9 negotiated an alternative or supplemental form of due process
10 based upon impartial arbitration as a term of a collective
11 bargaining agreement. In non-home rule units of government,
12 such bargaining shall be permissive rather than mandatory
13 unless such contract term was negotiated by the employer and
14 the labor organization prior to or at the time of the
15 effective date of this amendatory Act, in which case such
16 bargaining shall be considered mandatory.
17 Such charges shall be investigated by or before the civil
18 service commission, or by or before some officer or board
19 appointed by the commission to conduct that investigation.
20 The finding and decision of that commission or investigating
21 officer or board, when approved by the commission, shall be
22 certified to the appointing officer, and shall forthwith be
23 enforced by that officer. Before any such officer or
24 employee of a police or fire department may be interrogated
25 or examined by or before any disciplinary board, or
26 departmental agent or investigator, the results of which
27 hearing, interrogation or examination may be the basis for
28 filing charges seeking his removal or discharge, he must be
29 advised in writing as to what specific improper or illegal
30 act he is alleged to have committed; he must be advised in
31 writing that his admissions made in the course of the
32 hearing, interrogation or examination may be used as the
33 basis for charges seeking his removal or discharge; and he
34 must be advised in writing that he has the right to have
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1 counsel of his own choosing present to advise him at any
2 hearing, interrogation or examination; and a complete record
3 of any hearing, interrogation or examination shall be made
4 and a complete transcript thereof made available to such
5 officer or employee without charge and without delay. Nothing
6 in this Division 1 limits the power of the chief officer of a
7 police or fire department to suspend a subordinate for a
8 reasonable period, not exceeding 5 calendar days, provided
9 the civil service commission is promptly notified thereof in
10 writing. Any employee or officer so suspended shall be
11 entitled, upon request, to a hearing before the civil service
12 commission concerning the propriety of such suspension. Upon
13 such hearing, the commission may sustain the action of the
14 chief of the department, may reverse it with instructions
15 that the person receive his pay for the period involved, or
16 may suspend the person for an additional period of not more
17 than 30 days or discharge him, depending upon the facts
18 presented. In the course of an investigation of charges, each
19 member of the commission, and of any board so appointed by
20 it, and any officer so appointed, may administer oaths and
21 may secure by its subpoena both the attendance and testimony
22 of witnesses, and the production of books and papers relevant
23 to the investigation. If the charge is based upon an
24 allegation of the use of unreasonable force by a police
25 officer, the charge must be brought within 5 years after the
26 commission of the act upon which the charge is based. The
27 statute of limitations established in this Section 10-1-18(b)
28 shall apply only to acts of unreasonable force occurring on
29 or after the effective date of this amendatory Act of 1992.
30 (c) Whenever the corporate authorities of any
31 municipality in which this Division 1 is in operation,
32 designates by ordinance or whenever any general law of this
33 state designates any specific age of not less than 63 years
34 as the maximum age for legal employment of policemen or
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1 firemen in the service of any municipality which has adopted
2 or shall adopt this Division 1 or designates any minimum age
3 for the automatic or compulsory retirement of policemen or
4 firemen in the service of that municipality, any such
5 policeman or fireman to whom such ordinance or law may refer
6 or apply upon attaining the designated age of 63 years or
7 upwards as set out in the ordinance or law shall forthwith
8 and immediately be retired from the service of that
9 municipality in accordance with the terms or provisions of
10 that ordinance or law. The civil service commission of the
11 municipality shall discharge or retire automatically any
12 policeman or fireman in the classified civil service of the
13 municipality at the time and in the manner provided in that
14 ordinance or law and certify the retirement or discharge to
15 the proper branch or department head. In the case of any such
16 policeman or fireman who has filed an application for
17 appointment in the classified civil service of the
18 municipality, the age stated in that application shall be
19 conclusive evidence against that policeman or fireman of his
20 age, but the civil service commission (except as respects
21 police department officers and employees in municipalities of
22 more than 500,000 population where the Police Board shall
23 exercise these powers as provided in Section 10-1-18.1) may
24 hear testimony and consider all evidence available in any
25 case in which any charge is filed against any such policeman
26 or fireman alleging that he understated his age in his
27 application for appointment into the classified civil service
28 of the municipality.
29 In addition to all the other powers now granted by law,
30 the corporate authorities of any municipality which has
31 adopted or shall adopt this Division 1 may by ordinance
32 provide an age limit of not less than 63 years as the maximum
33 age for the legal employment of any person employed as a
34 policeman or fireman under this Division 1, and may provide
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1 in that ordinance for the automatic or compulsory retirement
2 and discharge of the policeman or fireman upon his attainment
3 of the designated retirement age.
4 This Section does not apply to the suspension, removal or
5 discharge of officers and civilian employees of the police
6 department in the classified civil service of a municipality
7 of more than 500,000 but that disciplinary action may be
8 taken by the Police Board, rather than the civil service
9 commission, as provided in Section 10-1-18.1.
10 (d) Commencing on January 1, 1993, each board or other
11 entity responsible for determining whether or not to file a
12 charge shall, no later than December 31 of each year, publish
13 a status report on its investigations of allegations of
14 unreasonable force. At a minimum, the status report shall
15 include the following information:
16 (1) the number of police officers against whom an
17 allegation of unreasonable force was made;
18 (2) the number of allegations of unreasonable force
19 made against each such police officer;
20 (3) the number of police officers against whom
21 disciplinary charges were filed on the basis of
22 allegations of unreasonable force;
23 (4) a listing of investigations of allegations of
24 unreasonable force pending as of the date of the report,
25 together with the dates on which such allegations were
26 made; and
27 (5) a listing of allegations of unreasonable force
28 for which the board has determined not to file charges.
29 These status reports shall not disclose the identity of
30 any witness or victim, nor shall they disclose the
31 identity of any police officer who is the subject of an
32 allegation of unreasonable force against whom a charge
33 has not been filed. The information underlying these
34 status reports shall be confidential and exempt from
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1 public inspection and copying, as provided under Section
2 7 of the Freedom of Information Act.
3 (Source: P.A. 87-1239.)
4 (65 ILCS 5/10-2.1-17) (from Ch. 24, par. 10-2.1-17)
5 Sec. 10-2.1-17. Removal or discharge; investigation of
6 charges; retirement. Except as hereinafter provided, no
7 officer or member of the fire or police department of any
8 municipality subject to this Division 2.1 shall be removed or
9 discharged except for cause, upon written charges, and after
10 an opportunity to be heard in his own defense. The hearing
11 shall be as hereinafter provided, unless the employer and the
12 labor organization representing the person have negotiated an
13 alternative or supplemental form of due process based upon
14 impartial arbitration as a term of a collective bargaining
15 agreement. In non-home rule units of government, such
16 bargaining shall be permissive rather than mandatory unless
17 such contract term was negotiated by the employer and the
18 labor organization prior to or at the time of the effective
19 date of this amendatory Act, in which case such bargaining
20 shall be considered mandatory.
21 If the chief of the fire department or the chief of the
22 police department or both of them are appointed in the manner
23 provided by ordinance, they may be removed or discharged by
24 the appointing authority. In such case the appointing
25 authority shall file with the corporate authorities the
26 reasons for such removal or discharge, which removal or
27 discharge shall not become effective unless confirmed by a
28 majority vote of the corporate authorities. The board of
29 fire and police commissioners shall conduct a fair and
30 impartial hearing of the charges, to be commenced within 30
31 days of the filing thereof, which hearing may be continued
32 from time to time. In case an officer or member is found
33 guilty, the board may discharge him, or may suspend him not
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1 exceeding 30 days without pay. The board may suspend any
2 officer or member pending the hearing with or without pay,
3 but not to exceed 30 days. If the Board of Fire and Police
4 Commissioners determines that the charges are not sustained,
5 the officer or member shall be reimbursed for all wages
6 withheld, if any. In the conduct of this hearing, each
7 member of the board shall have power to administer oaths and
8 affirmations, and the board shall have power to secure by its
9 subpoena both the attendance and testimony of witnesses and
10 the production of books and papers relevant to the hearing.
11 The age for retirement of policemen or firemen in the
12 service of any municipality which adopts this Division 2.1 is
13 65 years, unless the Council or Board of Trustees shall by
14 ordinance provide for an earlier retirement age of not less
15 than 60 years.
16 The provisions of the Administrative Review Law, and all
17 amendments and modifications thereof, and the rules adopted
18 pursuant thereto, shall apply to and govern all proceedings
19 for the judicial review of final administrative decisions of
20 the board of fire and police commissioners hereunder. The
21 term "administrative decision" is defined as in Section 3-101
22 of the Code of Civil Procedure.
23 Nothing in this Section shall be construed to prevent the
24 chief of the fire department or the chief of the police
25 department from suspending without pay a member of his
26 department for a period of not more than 5 calendar days, but
27 he shall notify the board in writing of such suspension.
28 The hearing shall be as hereinafter provided, unless the
29 employer and the labor organization representing the person
30 have negotiated an alternative or supplemental form of due
31 process based upon impartial arbitration as a term of a
32 collective bargaining agreement. In non-home rule units of
33 government, such bargaining shall be permissive rather than
34 mandatory unless such contract term was negotiated by the
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1 employer and the labor organization prior to or at the time
2 of the effective date of this amendatory Act, in which case
3 such bargaining shall be considered mandatory.
4 Any policeman or fireman so suspended may appeal to the
5 board of fire and police commissioners for a review of the
6 suspension within 5 calendar days after such suspension, and
7 upon such appeal, the board may sustain the action of the
8 chief of the department, may reverse it with instructions
9 that the man receive his pay for the period involved, or may
10 suspend the officer for an additional period of not more than
11 30 days or discharge him, depending upon the facts presented.
12 (Source: P.A. 85-915.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.
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