Sen. Don Harmon
Filed: 3/8/2007
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 1290




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    AMENDMENT NO. ______. Amend Senate Bill 1290 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Counties Code is amended  by changing 
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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 
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for actions
violating either the rules and regulations of the 
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Commission or the internal
procedures of the sheriff's office 
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may be taken by the sheriff.  Such
disciplinary measures may 
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include suspension of any certified person for
reasonable 
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periods, not exceeding a cumulative
30 days in any 12-month 
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period. However, on and after June 1, 2007, in any sheriff's 
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office with a collective bargaining agreement covering the 
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employment of department personnel, such disciplinary measures 
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and the method of review of those measures shall be subject to 
 


 






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mandatory bargaining, including, but not limited to, the use of 
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impartial arbitration as an alternative or supplemental form of 
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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 
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be removed, demoted or
suspended except for cause, upon written 
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charges filed with the Merit
Commission by the sheriff.  Upon 
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the filing of such a petition, the sheriff
may suspend the 
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certified person pending the decision of the Commission on
the 
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charges.  After the charges have been heard, the Commission may 
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direct
that the person receive his  pay for any part or all of 
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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 
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certified
person shall be afforded full opportunity to be 
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represented by
counsel, to be heard in his  own defense and to 
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produce proof
in his  defense.  Both the Commission and the 
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sheriff may be
represented by counsel.  The State's Attorney of 
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the applicable
county may advise either the Commission or the 
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sheriff.  The
other party may engage private counsel to advise 
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it.

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    The Commission shall have the power to secure by
its 
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subpoena both the attendance and testimony of witnesses
and the 
 


 






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production of books and papers in support of the charges
and 
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for the defense.  Each member of the Commission shall have
the 
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power to administer oaths.

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    If the charges against an accused person are established
by 
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the preponderance of evidence, the Commission shall
make a 
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finding of guilty and order either removal, demotion, loss
of 
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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 
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the
rules and regulations of the Commission which, in the 
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opinion
of the members thereof, the offense justifies.  If the 
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charges against
an accused person are not established by the 
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preponderance of
evidence, the Commission shall make a finding 
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of not guilty and
shall order that the person be reinstated and 
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be paid his
 compensation for the suspension period, if any, 
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while awaiting
the hearing.  The sheriff shall take such action 
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as may be ordered
by the Commission. However, on and after June 
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1, 2007, in any sheriff's office with a collective bargaining 
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agreement covering the employment of department personnel, 
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such disciplinary measures and the method of review of those 
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measures shall be subject to mandatory bargaining, including, 
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but not limited to, the use of impartial arbitration as an 
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alternative or supplemental form of due process and any of the 
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procedures laid out in this Section.


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    The provisions of the Administrative Review Law, and all 
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amendments and
modifications 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 any order of the
Commission rendered 
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pursuant to this Section. The plaintiff shall pay the

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reasonable cost of preparing and certifying the record for 
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judicial review.
However, if the plaintiff prevails in the  
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judicial review proceeding, the
court shall award to the 
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plaintiff a sum equal to the costs paid by the
plaintiff to 
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have the record for judicial review prepared and certified.

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(Source: P.A. 86-962.)".