HB5303 EngrossedLRB100 18947 AWJ 34197 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Counties Code is amended by changing
5Sections 3-7011 and 3-7012 and by adding Section 3-7018 as
7    (55 ILCS 5/3-7011)  (from Ch. 34, par. 3-7011)
8    Sec. 3-7011. Disciplinary measures. Disciplinary measures
9prescribed by the Board may be taken by the sheriff for the
10punishment of infractions of the rules and regulations
11promulgated by the Board. Such disciplinary measures may
12include suspension of any deputy sheriff in the County Police
13Department, any full-time deputy sheriff not employed as a
14county police officer or county corrections officer and any
15employee in the County Department of Corrections for a
16reasonable period for all discipline less than termination , not
17exceeding 30 days, without complying with the provisions of
18Section 3-7012 hereof.
19(Source: P.A. 86-962.)
20    (55 ILCS 5/3-7012)  (from Ch. 34, par. 3-7012)
21    Sec. 3-7012. Removal, demotion or suspension. Except as is
22otherwise provided in this Division, no deputy sheriff in the



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1County Police Department, no full-time deputy sheriff not
2employed as a county police officer or county corrections
3officer and no employee in the County Department of Corrections
4shall be removed, demoted or suspended except for cause, upon
5written charges filed with the Board by the Sheriff and a
6hearing before the Board, or a hearing officer designated by
7the Board, thereon upon not less than 10 days' notice at a
8place to be designated by the chairman thereof. At such
9hearing, the accused deputy sheriff shall be afforded full
10opportunity to be heard in his or her own defense and to
11produce proof in his or her defense. The Board, or a hearing
12officer designated by the Board, shall have the power to secure
13by its subpoena both the attendance and testimony of witnesses
14and the production of books and papers in support of the
15charges and for the defense. The fees of witnesses for
16attendance and travel shall be the same as the fees of
17witnesses before the circuit courts of this State, and shall be
18paid in the same manner as other expenses of the Board. Each
19member of the Board, and hearing officers designated by the
20Board, shall have the power to administer oaths or
21affirmations. If the charges against an accused deputy sheriff
22are established by a preponderance of evidence, the Board, or a
23hearing officer designated by the Board, shall make a finding
24of guilty and order either removal, demotion, suspension for a
25period of not more than 180 days, or such other disciplinary
26punishment as may be prescribed by the rules and regulations of



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1the Board which, in the opinion of the members thereof, the
2offense merits. The Board shall render its decision no later
3than 90 days following the conclusion of any hearings conducted
4under the provisions of this Section. Thereupon the sheriff
5shall direct such removal or other punishment as ordered by the
6Board and if the accused deputy sheriff refuses to abide by any
7such disciplinary order, the sheriff shall remove him or her
9    In case of the neglect or refusal of any person to obey a
10subpoena issued by the Board, or a hearing officer designated
11by the Board, any circuit court or a judge thereof, upon
12application of any member of the Board, or a hearing officer
13designated by the Board, may order such person to appear before
14the Board and give testimony or produce evidence, and any
15failure to obey such order is punishable by the court as a
16contempt thereof.
17    The provisions of the Administrative Review Law, and all
18amendments and modifications thereof, and the rules adopted
19pursuant thereto, shall apply to and govern all proceedings for
20the judicial review of any order of the Board rendered pursuant
21to the provisions of this Section.
22(Source: P.A. 86-962.)
23    (55 ILCS 5/3-7018 new)
24    Sec. 3-7018. Collective bargaining. Nothing in this
25Division shall be used to supplant or undermine existing



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1agreements or proscribe future agreements achieved by
2collective bargaining, nor shall the provisions of this
3Division diminish the rights and protections under the Illinois
4Public Labor Relations Act.
5    Section 99. Effective date. This Act takes effect upon
6becoming law.