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Personnel and Pensions Committee
Filed: 3/4/2010
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09600HB5668ham001 |
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LRB096 16929 RLJ 37650 a |
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| AMENDMENT TO HOUSE BILL 5668
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| AMENDMENT NO. ______. Amend House Bill 5668 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Firemen's Disciplinary Act is amended by |
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| changing Section 2 as follows:
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| (50 ILCS 745/2) (from Ch. 85, par. 2502)
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| Sec. 2. Definitions. For the purposes of this Act, unless |
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| clearly required otherwise,
the terms defined in this Section |
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| have the meaning ascribed herein:
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| (a) "Fireman" means a person who is a "firefighter" or |
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| "fireman" as defined
in Sections 4-106 or 6-106 of the Illinois |
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| Pension Code, a paramedic employed by a unit of local |
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| government, or an EMT employed by a unit of local government, |
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| and includes a person
who is an "employee" as defined in |
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| Section 15-107 of the Illinois Pension Code
and whose primary |
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| duties relate to firefighting.
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09600HB5668ham001 |
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LRB096 16929 RLJ 37650 a |
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| (b) "Informal inquiry" means a meeting by supervisory or |
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| command personnel
with a fireman upon whom an allegation of |
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| misconduct has come to the attention
of such supervisory or |
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| command personnel, the purpose of which meeting is
to mediate a |
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| citizen complaint or discuss the facts to determine whether
a |
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| formal investigation should be commenced.
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| (c) "Formal investigation" means the process of |
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| investigation ordered
by a commanding officer during which the |
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| questioning of a fireman is intended
to gather evidence of |
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| misconduct which may be the basis for filing charges
seeking |
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| his or her removal, discharge, or suspension from duty in
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| excess of 24 duty hours.
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| (d) "Interrogation" means the questioning of a fireman |
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| pursuant to an
investigation initiated by the respective State |
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| or local governmental
unit in connection with an alleged |
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| violation of such unit's rules which may
be the basis for |
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| filing charges seeking his or her suspension, removal, or
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| discharge. The term does not include questioning as part of an |
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| informal
inquiry as to allegations of misconduct relating to |
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| minor infractions of
agency rules which may be noted on the |
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| fireman's record but which may not in
themselves result in |
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| removal, discharge, or suspension from duty in
excess of 24 |
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| duty hours.
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| (e) "Administrative proceeding" means any non-judicial |
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| hearing which
is authorized to recommend, approve or order the |
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| suspension, removal, or
discharge of a fireman.
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