95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0470


 
Introduced 2/1/2007, by Rep. Naomi D. Jakobsson
 
SYNOPSIS AS INTRODUCED:
 		














110 ILCS 70/36o
  from Ch. 24 1/2, par. 38b14







    Amends the State Universities Civil Service Act.  Authorizes a hearing officer (in addition to a hearing board) appointed by the University Civil Service Merit Board to preside over demotion, removal,  and discharge hearings.  Makes technical changes. Effective immediately.
















LRB095 08185 RAS 28351 b

















 


 


A BILL FOR









 











HB0470

LRB095 08185 RAS 28351 b






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    AN ACT concerning education.

 
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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 State Universities Civil Service Act is 
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amended  by changing Section 36o as follows:
 



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    (110 ILCS 70/36o)  (from Ch. 24 1/2, par. 38b14)



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    Sec. 36o. Demotion, removal, and discharge. After the 
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completion of his or her  probationary period, no employee shall 
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be
demoted, removed or discharged except for just cause, upon 
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written charges,
and after an opportunity to be heard in his or 
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her  own defense if he or she  makes a
written request for a 
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hearing to the Merit Board within 15 days after the
serving of 
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the written charges upon him or her.  Upon the filing of such a 
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request
for a hearing, the Merit Board shall grant such hearing 
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to be held within
45 days from the date of the service of the 
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demotion, removal or discharge
notice by a hearing board or 
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hearing officer appointed by the Merit Board. The members of 
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the
hearing board or the hearing officer shall be selected from 
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among the members of a panel
established by the Merit Board 
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after consultation with the Advisory
Committee provided in 
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Section 36c. The hearing board or hearing officer shall make 
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and
render findings of facts on the charges and transmit to the 
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Merit Board a
transcript of the evidence along with the hearing 
 


 






HB0470
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LRB095 08185 RAS 28351 b




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board's or hearing officer's
its findings of fact. The findings 
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of
the hearing board or hearing officer when approved by the 
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Merit Board shall be certified to
the employer. If cause for 
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demotion, removal or discharge is found, the
employee shall be 
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immediately separated from the service. If cause is not
found, 
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the employee shall forthwith be reassigned to perform the 
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duties of
a position in his or her  classification without loss 
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of compensation. In the
course of the hearing, the Director of 
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the Merit Board shall have power to
administer oaths and to 
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secure by subpoena the attendance and testimony of
witnesses 
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and the production of books and papers relevant to the inquiry.

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    The provisions of the Administrative Review Law and all 
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amendments and
modification thereof, and the rules adopted

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pursuant thereto, shall apply to and govern all proceedings for 
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the
judicial review of final administrative decisions of the 
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Merit Board hereby
created. The term "administrative decision" 
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is defined as in Section 3-101
of the Code of Civil Procedure.

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(Source: P.A. 82-783.)

 

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