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1 | AN ACT concerning law enforcement.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Counties Code is amended by changing | |||||||||||||||||||||||||||||||||||||
5 | Sections 3-7002, 3-7003, 3-7005, 3-7008, 3-7011, and 3-7012 and | |||||||||||||||||||||||||||||||||||||
6 | adding Sections 3-7000.5, 3-7012.5, and 3-7018 as follows: | |||||||||||||||||||||||||||||||||||||
7 | (55 ILCS 5/3-7000.5 new) | |||||||||||||||||||||||||||||||||||||
8 | Sec. 3-7000.5. Definitions. As used in this Division: | |||||||||||||||||||||||||||||||||||||
9 | "Board" means the Cook County Sheriff's Merit Board created | |||||||||||||||||||||||||||||||||||||
10 | under subsection (b) of Section 3-7002. | |||||||||||||||||||||||||||||||||||||
11 | "Sheriff" means the Sheriff of Cook County. | |||||||||||||||||||||||||||||||||||||
12 | "Sworn officer" means a deputy sheriff, deputy sergeant, | |||||||||||||||||||||||||||||||||||||
13 | deputy lieutenant, corrections officer, corrections sergeant, | |||||||||||||||||||||||||||||||||||||
14 | corrections lieutenant, police officer, police sergeant, | |||||||||||||||||||||||||||||||||||||
15 | police lieutenant, or any other person hired or promoted by the | |||||||||||||||||||||||||||||||||||||
16 | Sheriff and earning the relevant sworn merit rank.
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17 | (55 ILCS 5/3-7002) (from Ch. 34, par. 3-7002)
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18 | Sec. 3-7002. Cook County Sheriff's Merit Board. | |||||||||||||||||||||||||||||||||||||
19 | (a) On the effective date of this amendatory Act of 100th | |||||||||||||||||||||||||||||||||||||
20 | General Assembly, the terms of all members of the Board created | |||||||||||||||||||||||||||||||||||||
21 | under this subsection (a) are ended and the Board created under | |||||||||||||||||||||||||||||||||||||
22 | this subsection (a) is abolished. There is created the
Cook |
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1 | County Sheriff's Merit Board, hereinafter called the Board, | ||||||
2 | consisting
of 7 members appointed by the Sheriff with the | ||||||
3 | advice and consent of
the county
board, except that on and | ||||||
4 | after the effective date of this amendatory Act of
1997, the | ||||||
5 | Sheriff may appoint 2 additional members, with the advice and
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6 | consent of the county board, at his or her discretion. Of the | ||||||
7 | members first
appointed, one shall serve until the third Monday | ||||||
8 | in March, 1965 one until the
third Monday in March, 1967, and | ||||||
9 | one until the third Monday in March, 1969. Of
the 2 additional | ||||||
10 | members first appointed under authority of this amendatory Act
| ||||||
11 | of 1991, one shall serve until the third Monday in March, 1995, | ||||||
12 | and one until
the third Monday in March, 1997.
Of the 2 | ||||||
13 | additional members first appointed under the authority of this
| ||||||
14 | amendatory Act of
the 91st General Assembly, one shall serve | ||||||
15 | until the third Monday in March,
2005 and
one shall serve until | ||||||
16 | the third Monday in March, 2006.
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17 | Upon the expiration of the terms of office of those first | ||||||
18 | appointed
(including the 2 additional members first appointed | ||||||
19 | under authority of
this amendatory Act of 1991 and under the | ||||||
20 | authority of this amendatory Act of
the
91st General Assembly), | ||||||
21 | their respective successors shall be
appointed to hold office | ||||||
22 | from the third Monday in March of the year of
their respective | ||||||
23 | appointments for a term of 6 years and until their
successors | ||||||
24 | are appointed and qualified for a like term. As additional
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25 | members are appointed under authority of this amendatory Act of | ||||||
26 | 1997, their
terms shall be set to be staggered consistently |
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1 | with the terms of the existing
Board members. No more than 3
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2 | members of the Board shall be affiliated with the same | ||||||
3 | political party,
except that as additional members are | ||||||
4 | appointed by the Sheriff under authority
of this amendatory Act | ||||||
5 | of 1997 and under the authority of this amendatory Act
of the | ||||||
6 | 91st General Assembly, the political affiliation of the Board | ||||||
7 | shall be
such that no more than one-half of the members plus | ||||||
8 | one additional member may
be affiliated with the same political | ||||||
9 | party. No member shall have held or have
been a candidate for | ||||||
10 | an elective public office within one year preceding his or
her | ||||||
11 | appointment.
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12 | The Sheriff may deputize members of the Board. | ||||||
13 | (b) On the effective date of this amendatory Act of the | ||||||
14 | 100th General Assembly, there is created the Cook County | ||||||
15 | Sheriff's Merit Board, consisting
of 5 full-time members | ||||||
16 | appointed by the Sheriff with the advice and consent of
the | ||||||
17 | county
board who should have the following qualifications: one | ||||||
18 | member who is an employee or agent representing the interests | ||||||
19 | of labor unions; one member who is or was employed by a law | ||||||
20 | enforcement agency and was responsible for investigating | ||||||
21 | disciplinary cases; one member who is or was engaged in | ||||||
22 | academic research relating to criminal justice at an | ||||||
23 | institution of higher learning; one member who is or was | ||||||
24 | affiliated with a not-for-profit prison reform entity; and one | ||||||
25 | member who is or was involved with a not-for-profit community | ||||||
26 | or civic organization. Of the members initially appointed to |
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1 | the Board, 2 shall serve until the first Monday in March of | ||||||
2 | 2019, one shall serve until the first Monday in March of 2020, | ||||||
3 | one shall serve until the first Monday in March of 2021, and | ||||||
4 | one shall serve until the first Monday in March of 2022, | ||||||
5 | thereafter all members shall be appointed for terms of 4 years. | ||||||
6 | Members shall serve until their successors are appointed and | ||||||
7 | qualified. Whenever a vacancy in the office of member shall | ||||||
8 | occur, the Sheriff shall, with the advice and consent of the | ||||||
9 | county board, appoint a person to serve for the remainder of | ||||||
10 | the unexpired term. No more than 3
members of the Board shall | ||||||
11 | be affiliated with the same political party.
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12 | It is the intent of the General Assembly that the Cook | ||||||
13 | County Sheriff's Merit Board created under this subsection (b) | ||||||
14 | shall act as the successor agency to the former Merit Board | ||||||
15 | created under subsection (a) of this Section for purposes of | ||||||
16 | the former Merit Board's responsibilities. | ||||||
17 | The Cook County Sheriff's Merit Board shall inherit and | ||||||
18 | subsume all written charges filed before the former Merit Board | ||||||
19 | created under subsection (a) of this Section and all decisions | ||||||
20 | and actions of the former Merit Board made pursuant to Sections | ||||||
21 | 3-7006, 3-7007, 3-7008, 3-7009, 3-7010, or 3-7012 and prior to | ||||||
22 | the effective date of this amendatory Act of the 100th General | ||||||
23 | Assembly and may preside over, amend, correct, or defend these | ||||||
24 | decisions and actions as required or permitted by law. | ||||||
25 | The Cook County Sheriff's Merit Board shall ensure that all | ||||||
26 | applicable federal and State laws are followed and enforced. |
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1 | The Cook County Sheriff's Merit Board shall ensure that the | ||||||
2 | hiring and promotional practices of sworn officers by the | ||||||
3 | Sheriff's Office reflect the diverse demographics of the | ||||||
4 | residents of Cook County and that those priorities give | ||||||
5 | preference to honorably discharged veterans of the Armed Forces | ||||||
6 | of the United States of America. | ||||||
7 | (Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97; | ||||||
8 | 90-655, eff.
7-30-98; 91-722, eff. 6-2-00.)
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9 | (55 ILCS 5/3-7003) (from Ch. 34, par. 3-7003)
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10 | Sec. 3-7003. Compensation and expenses of board members. | ||||||
11 | Each member of the Board shall receive an annual salary as | ||||||
12 | determined by the county board; the county board may provide | ||||||
13 | additional compensation for service as chairman or secretary. | ||||||
14 | Each member shall be reimbursed for expenses necessarily | ||||||
15 | incurred in discharging the duties of his or her office. Such | ||||||
16 | compensation and reimbursement shall be paid by the county. | ||||||
17 | Members shall not accept or engage in outside employment | ||||||
18 | without first having obtained the permission of the Sheriff. | ||||||
19 | Each
member of the Board shall receive compensation for
each | ||||||
20 | day during which he is engaged in transacting the business of | ||||||
21 | the
Board and, in addition thereto, his actual traveling and | ||||||
22 | other expenses
necessarily incurred in discharging the duties | ||||||
23 | of his office. No member of
the Board shall receive | ||||||
24 | compensation of more than $25,000 in
any
fiscal year, except | ||||||
25 | that
the Chairman shall receive compensation of no
more than |
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1 | $30,000 in any fiscal year. Such compensation expenses shall
be | ||||||
2 | paid by the county.
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3 | (Source: P.A. 91-722, eff. 6-2-00.)
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4 | (55 ILCS 5/3-7005) (from Ch. 34, par. 3-7005)
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5 | Sec. 3-7005. Meetings. | ||||||
6 | As soon as practicable after the members
of the Board have | ||||||
7 | been appointed, they shall meet, upon the call of the
Sheriff, | ||||||
8 | and shall organize by selecting a chairman and a secretary. The
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9 | initial chairman and secretary, and their successors, shall be | ||||||
10 | selected by
the Board from among its members for a term of 2 | ||||||
11 | years or for the remainder
of their term of office as a member | ||||||
12 | of the Board, whichever is the shorter.
Three Two members of | ||||||
13 | the Board shall constitute a quorum for
the transaction of
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14 | business , except that as additional members are appointed under | ||||||
15 | authority of
this amendatory Act of 1997, the number of members | ||||||
16 | that must be present to
constitute a quorum shall be the number | ||||||
17 | of members that constitute at least 40%
of the Board . The Board | ||||||
18 | shall hold regular quarterly meetings and such other
meetings | ||||||
19 | as may be called by the chairman. The Board shall meet at the | ||||||
20 | call of the Sheriff for the purpose of naming a successor | ||||||
21 | chairman or secretary whenever there is a vacancy in either of | ||||||
22 | those offices, or to transact any other business before the | ||||||
23 | Board.
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24 | (Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97; | ||||||
25 | 90-655, eff.
7-30-98.)
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1 | (55 ILCS 5/3-7008) (from Ch. 34, par. 3-7008)
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2 | Sec. 3-7008. Appointments. The appointment of deputy | ||||||
3 | sheriffs in the
Police Department, full-time deputy sheriffs | ||||||
4 | not employed as county police
officers or county corrections | ||||||
5 | officers and of employees in the Department
of Corrections | ||||||
6 | shall be made from those applicants who have been certified
by | ||||||
7 | the Board as being qualified for appointment. Certification for
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8 | appointment in one department shall not constitute | ||||||
9 | certification for
appointment in another department. All | ||||||
10 | persons so appointed shall, at the
time of their appointment, | ||||||
11 | be not less than 21 years of age, or 20 years of
age and have | ||||||
12 | successfully completed 2 years of law enforcement studies at
an | ||||||
13 | accredited college or university. Any person appointed | ||||||
14 | subsequent to
successful completion of 2 years of such law | ||||||
15 | enforcement studies shall not
have power of arrest, nor shall | ||||||
16 | he or she be permitted to carry firearms,
until he or she | ||||||
17 | reaches 21 years of age. In addition,
all persons so appointed | ||||||
18 | shall be not more than the maximum age limit fixed
by the Board | ||||||
19 | from time to time, be of sound mind and body, be of good moral
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20 | character, be citizens of the United States, have not been | ||||||
21 | convicted of a crime
which the Board considers to be | ||||||
22 | detrimental to the applicant's ability to
carry out his or her | ||||||
23 | duties, possess such prerequisites of training, education
and | ||||||
24 | experience as the Board may from time to time prescribe, and | ||||||
25 | shall be
required to pass successfully mental, physical, |
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1 | psychiatric and other tests
and examinations as may be | ||||||
2 | prescribed by the Board. Preference shall be
given in such | ||||||
3 | appointments to persons who have honorably served in the
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4 | military or naval services of the United States. Before | ||||||
5 | entering upon his
or her duties, each deputy sheriff in the | ||||||
6 | County Police Department shall
execute a good and sufficient | ||||||
7 | bond, payable to the People of the State of
Illinois, in the | ||||||
8 | penal sum of $1,000 and to the Sheriff of the County where
he | ||||||
9 | or she is employed in the sum of $10,000, conditioned on the | ||||||
10 | faithful
performance of his or her duties. All appointees shall | ||||||
11 | serve a
probationary period of 12 months and during that period | ||||||
12 | may be discharged
at the will of the Sheriff. However, civil | ||||||
13 | service employees of the house
of correction who have certified | ||||||
14 | status at the time of the transfer of the
house of correction | ||||||
15 | to the County Department of Corrections are not subject
to this | ||||||
16 | probationary period, and they shall retain their job titles, | ||||||
17 | such
tenure privileges as are now enjoyed and any subsequent | ||||||
18 | title changes shall
not cause reduction in rank or elimination | ||||||
19 | of positions.
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20 | (Source: P.A. 86-962.)
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21 | (55 ILCS 5/3-7011) (from Ch. 34, par. 3-7011)
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22 | Sec. 3-7011. Disciplinary measures. In Cook County, the | ||||||
23 | Sheriff, or his or her designee, is solely responsible for the | ||||||
24 | adjudication of all disciplinary measures against a sworn | ||||||
25 | officer when the maximum punishment for the violation alleged |
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1 | is the suspension of the sworn officer for a period not | ||||||
2 | exceeding 30 days. Any allegation against a sworn officer which | ||||||
3 | would result in suspension for a period of greater than 30 days | ||||||
4 | shall be adjudicated as provided under Section 3-7012. | ||||||
5 | Disciplinary measures
prescribed by the Board may be taken by | ||||||
6 | the sheriff for the
punishment of infractions of the rules and | ||||||
7 | regulations promulgated
by the Board. Such disciplinary | ||||||
8 | measures may include suspension
of any deputy sheriff in the | ||||||
9 | County Police Department, any
full-time deputy sheriff not | ||||||
10 | employed as a county police officer
or county corrections | ||||||
11 | officer and any employee in the County
Department of | ||||||
12 | Corrections for a reasonable period, not exceeding
30 days, | ||||||
13 | without complying with the provisions of Section 3-7012 hereof.
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14 | (Source: P.A. 86-962.)
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15 | (55 ILCS 5/3-7012) (from Ch. 34, par. 3-7012)
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16 | Sec. 3-7012. Removal, demotion or suspension. Except as is
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17 | otherwise provided in Section 3-7011 this Division , no deputy | ||||||
18 | sheriff in
the County Police Department, no full-time deputy | ||||||
19 | sheriff not employed
as a county police officer or county | ||||||
20 | corrections officer and no employee in
the County Department of | ||||||
21 | Corrections shall be removed, demoted or suspended
except for | ||||||
22 | cause, upon written charges filed with the Board by the Sheriff
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23 | and a hearing before the Board thereon upon not less than 10 | ||||||
24 | days' notice
at a place to be designated by the chairman | ||||||
25 | thereof. At such hearing, the
accused deputy sheriff shall be |
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1 | afforded full opportunity to be heard in
his or her own defense | ||||||
2 | and to produce proof in his or her defense. The
Board shall | ||||||
3 | have the power to secure by its subpoena both the attendance
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4 | and testimony of witnesses and the production of books and | ||||||
5 | papers in
support of the charges and for the defense. The fees | ||||||
6 | of witnesses for
attendance and travel shall be the same as the | ||||||
7 | fees of witnesses before the
circuit courts of this State, and | ||||||
8 | shall be paid in the same manner as other
expenses of the | ||||||
9 | Board. Each member of the Board shall have the power to
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10 | administer oaths or affirmations. If the charges against an | ||||||
11 | accused deputy
sheriff are established by a preponderance of | ||||||
12 | evidence, the Board shall
make a finding of guilty and order | ||||||
13 | either removal, demotion, suspension for
a period of not more | ||||||
14 | than 180 days, or such other disciplinary punishment
as may be | ||||||
15 | prescribed by the rules and regulations of the Board which, in
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16 | the opinion of the members thereof, the offense merits. | ||||||
17 | Thereupon the
sheriff shall direct such removal or other | ||||||
18 | punishment as ordered by the
Board and if the accused deputy | ||||||
19 | sheriff refuses to abide by any such
disciplinary order, the | ||||||
20 | sheriff shall remove him or her forthwith.
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21 | In case of the neglect or refusal of any person to obey a | ||||||
22 | subpoena
issued by the Board, any circuit court or a judge | ||||||
23 | thereof, upon application
of any member of the Board, may order | ||||||
24 | such person to appear before the
Board and give testimony or | ||||||
25 | produce evidence, and any failure to obey such
order is | ||||||
26 | punishable by the court as a contempt thereof.
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1 | The provisions of the Administrative Review Law,
and all | ||||||
2 | amendments and modifications thereof, and the rules adopted
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3 | pursuant thereto, shall apply to and govern all proceedings for | ||||||
4 | the
judicial review of any order of the Board rendered pursuant | ||||||
5 | to the
provisions of this Section.
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6 | (Source: P.A. 86-962.)
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7 | (55 ILCS 5/3-7012.5 new) | ||||||
8 | Sec. 3-7012.5. Rulemaking. The Board shall adopt rules and | ||||||
9 | procedures for its operation and to carry out its functions | ||||||
10 | under this Division, except that the Board may not delegate its | ||||||
11 | power under Section 3-7012 to hear and decide matters before it | ||||||
12 | to any person or entity. | ||||||
13 | (55 ILCS 5/3-7018 new) | ||||||
14 | Sec. 3-7018. Annual reports. On January 31, 2019, and on | ||||||
15 | January 31 of each year thereafter, the Board shall publish an | ||||||
16 | annual report, which shall be available on the website of the | ||||||
17 | Cook County Sheriff. The annual report of the Board shall | ||||||
18 | contain a summary of hiring and promotions of the preceding | ||||||
19 | year, together with a summary of the Board's disciplinary | ||||||
20 | proceedings of the preceding year. | ||||||
21 | (55 ILCS 5/3-7007 rep.) | ||||||
22 | Section 10. The Counties Code is amended by repealing | ||||||
23 | Section 3-7007.
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1 | Section 99. Effective date. This Act takes effect January | ||||||
2 | 1, 2018.
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