Sen. Jil Tracy

Filed: 4/12/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2707

2    AMENDMENT NO. ______. Amend Senate Bill 2707 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Personnel Code is amended by changing
5Section 11 as follows:
 
6    (20 ILCS 415/11)  (from Ch. 127, par. 63b111)
7    Sec. 11. Hearing - disciplinary action. No officer or
8employee under jurisdiction B, relating to merit and fitness,
9who has been appointed under the rules and after examination,
10shall be removed discharged or demoted, or be suspended for a
11period of more than 30 days, in any 12 month period, except for
12cause, upon written charges approved by the Director of Central
13Management Services, and after an opportunity to be heard in
14his own defense if he makes written request to the Commission
15within 15 days after the serving of the written charges upon
16him. Upon the filing of such a request for a hearing, the

 

 

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1Commission shall grant a hearing within 30 days. The time and
2place of the hearing shall be fixed by the Commission, and due
3notice thereof given the appointing officer and the employee.
4The hearing shall be public, and the officer or employee is
5entitled to call witnesses in his own defense and to have the
6aid of counsel. The finding and decision of the Commission, or
7the approval by the Commission of the finding and decision of
8the officer or board appointed by it to conduct such
9investigation, shall be rendered within 60 days after the
10receipt of the transcript of the proceedings, unless the
11Commission remands the matter back to the Administrative Law
12Judge for the purpose of taking additional evidence, soliciting
13additional argument, or for any other reason that will assist
14the Commission in rendering its finding and decision. If the
15finding and decision is not rendered within 60 days after
16receipt of the transcript of the proceedings, or the matter is
17not otherwise remanded by the Commission to the Administrative
18Law Judge, the employee shall be considered to be reinstated
19and shall receive full compensation for the period for which he
20was suspended. The finding and decision of the Commission or
21officer or board appointed by it to conduct investigation, when
22approved by the Commission, shall be certified to the Director,
23and shall be forthwith enforced by the Director. In making its
24finding and decision, or in approving the finding and decision
25of some officer or board appointed by it to conduct such
26investigation, the Civil Service Commission may, for

 

 

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1disciplinary purposes, suspend an employee for a period of time
2not to exceed 90 days, and in no event to exceed a period of 120
3days from the date of any suspension of such employee, pending
4investigation of such charges. If the Commission certifies a
5decision that an officer or employee is to be retained in his
6position and if it does not order a suspension for disciplinary
7purposes, the officer or employee shall receive full
8compensation for any period during which he was suspended
9pending the investigation of the charges.
10    Nothing in this Section shall limit the authority to
11suspend an employee for a reasonable period not exceeding 30
12days, in any 12 month period.
13    Notwithstanding the provisions of this Section, an
14arbitrator of the Illinois Workers' Compensation Commission,
15appointed pursuant to Section 14 of the Workers' Compensation
16Act, may be removed by the Governor upon the recommendation of
17the Commission Review Board pursuant to Section 14.1 of such
18Act.
19    Notwithstanding the provisions of this Section, a policy
20making officer of a State agency, as defined in the Employee
21Rights Violation Act, shall be discharged from State employment
22as provided in the Employee Rights Violation Act, enacted by
23the 85th General Assembly.
24(Source: P.A. 93-721, eff. 1-1-05.)".