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Public Act 095-0136
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| HB1719 Enrolled |
LRB095 08361 HLH 28534 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by changing |
Sections 3-8013 and 3-8014 as follows:
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(55 ILCS 5/3-8013) (from Ch. 34, par. 3-8013)
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Sec. 3-8013. Disciplinary measures. Disciplinary measures |
for actions
violating either the rules and regulations of the |
Commission or the internal
procedures of the sheriff's office |
may be taken by the sheriff. Such
disciplinary measures may |
include suspension of any certified person for
reasonable |
periods, not exceeding a cumulative
30 days in any 12-month |
period. However, on and after June 1, 2007, in any sheriff's |
office with a collective bargaining agreement covering the |
employment of department personnel, such disciplinary measures |
and the method of review of those measures shall be subject to |
mandatory bargaining, including, but not limited to, the use of |
impartial arbitration as an alternative or supplemental form of |
due process.
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(Source: P.A. 86-962.)
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(55 ILCS 5/3-8014) (from Ch. 34, par. 3-8014)
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Sec. 3-8014. Removal, demotion or suspension. Except as is |
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otherwise
provided in this Division, no certified person shall |
be removed, demoted or
suspended except for cause, upon written |
charges filed with the Merit
Commission by the sheriff. Upon |
the filing of such a petition, the sheriff
may suspend the |
certified person pending the decision of the Commission on
the |
charges. After the charges have been heard, the Commission may |
direct
that the person receive his pay for any part or all of |
this suspension
period, if any.
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The charges shall be heard by the Commission upon not less
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than 14 days' certified notice. At such hearing, the accused |
certified
person shall be afforded full opportunity to be |
represented by
counsel, to be heard in his own defense and to |
produce proof
in his defense. Both the Commission and the |
sheriff may be
represented by counsel. The State's Attorney of |
the applicable
county may advise either the Commission or the |
sheriff. The
other party may engage private counsel to advise |
it.
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The Commission shall have the power to secure by
its |
subpoena both the attendance and testimony of witnesses
and the |
production of books and papers in support of the charges
and |
for the defense. Each member of the Commission shall have
the |
power to administer oaths.
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If the charges against an accused person are established
by |
the preponderance of evidence, the Commission shall
make a |
finding of guilty and order either removal, demotion, loss
of |
seniority, suspension for a period of not more than 180 days,
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or such other disciplinary punishment as may be prescribed by |
the
rules and regulations of the Commission which, in the |
opinion
of the members thereof, the offense justifies. If the |
charges against
an accused person are not established by the |
preponderance of
evidence, the Commission shall make a finding |
of not guilty and
shall order that the person be reinstated and |
be paid his
compensation for the suspension period, if any, |
while awaiting
the hearing. The sheriff shall take such action |
as may be ordered
by the Commission. However, on and after June |
1, 2007, in any sheriff's office with a collective bargaining |
agreement covering the employment of department personnel, |
such disciplinary measures and the method of review of those |
measures shall be subject to mandatory bargaining, including, |
but not limited to, the use of impartial arbitration as an |
alternative or supplemental form of due process and any of the |
procedures laid out in this Section.
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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 any order of the
Commission rendered |
pursuant to this Section. The plaintiff shall pay the
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reasonable cost of preparing and certifying the record for |
judicial review.
However, if the plaintiff prevails in the |
judicial review proceeding, the
court shall award to the |
plaintiff a sum equal to the costs paid by the
plaintiff to |
have the record for judicial review prepared and certified.
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