Full Text of HB1542 95th General Assembly
HB1542 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1542
Introduced 2/22/2007, by Rep. Lisa M. Dugan SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/10-2.1-17 |
from Ch. 24, par. 10-2.1-17 |
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Amends the Illinois Municipal Code. In non-home rule units of government, effective June 1, 2007, makes collective bargaining mandatory with respect to removal or discharge of an officer or member of the fire or police department. Effective immediately.
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A BILL FOR
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HB1542 |
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LRB095 07174 HLH 27305 b |
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| AN ACT concerning local government.
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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 Illinois Municipal Code is amended by | 5 |
| changing Section 10-2.1-17 as follows:
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| (65 ILCS 5/10-2.1-17) (from Ch. 24, par. 10-2.1-17)
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| Sec. 10-2.1-17. Removal or discharge; investigation of | 8 |
| charges;
retirement. Except as hereinafter provided, no | 9 |
| officer or member of the fire
or police department of any | 10 |
| municipality subject to this Division 2.1 shall be
removed or | 11 |
| discharged except for cause, upon written charges, and after an
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| opportunity to be heard in his own defense.
The hearing shall | 13 |
| be as hereinafter provided, unless the employer and the
labor | 14 |
| organization representing the person have negotiated an | 15 |
| alternative or
supplemental form of due process based upon | 16 |
| impartial arbitration as a term of
a collective bargaining | 17 |
| agreement. In non-home rule units of government, such
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| bargaining shall be permissive rather than mandatory unless | 19 |
| such contract term
was negotiated by the employer and the labor | 20 |
| organization prior to or at the
time of the effective date of | 21 |
| this amendatory Act, in which case such
bargaining shall be | 22 |
| considered mandatory ; except that effective June 1, 2007, in | 23 |
| non-home rule units of government, such bargaining shall be |
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HB1542 |
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LRB095 07174 HLH 27305 b |
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| considered mandatory .
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| If the chief of the fire department or the chief of the | 3 |
| police department or
both of them are appointed in the manner | 4 |
| provided by ordinance, they may be
removed or discharged by the | 5 |
| appointing authority. In such case the appointing
authority | 6 |
| shall file with the corporate authorities the reasons for such
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| removal or discharge, which removal or discharge shall not | 8 |
| become effective
unless confirmed by a majority vote of the | 9 |
| corporate authorities. The board of
fire and police | 10 |
| commissioners shall conduct a fair and impartial hearing of
the | 11 |
| charges, to be commenced within 30 days of the filing thereof, | 12 |
| which
hearing may be continued from time to time. In case an | 13 |
| officer or member
is found guilty, the board may discharge him, | 14 |
| or may suspend him not
exceeding 30 days without pay. The board | 15 |
| may suspend any officer or
member pending the hearing with or | 16 |
| without pay, but not to exceed 30
days. If the Board of Fire | 17 |
| and Police Commissioners determines that the
charges are not | 18 |
| sustained, the officer or member shall be reimbursed for
all | 19 |
| wages withheld, if any. In the conduct of this hearing, each | 20 |
| member
of the board shall have power to administer oaths and | 21 |
| affirmations, and
the board shall have power to secure by its | 22 |
| subpoena both the attendance
and testimony of witnesses and the | 23 |
| production of books and papers
relevant to the hearing.
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| The age for retirement of policemen or firemen in the | 25 |
| service of any
municipality which adopts this Division 2.1 is | 26 |
| 65 years, unless the
Council or Board of Trustees shall by |
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HB1542 |
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LRB095 07174 HLH 27305 b |
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| ordinance provide for an earlier
retirement age of not less | 2 |
| than 60 years.
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| The provisions of the Administrative Review Law, and all | 4 |
| amendments and
modifications thereof, and the rules
adopted | 5 |
| pursuant thereto, shall apply to and govern all proceedings for
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| the judicial review of final administrative decisions of the | 7 |
| board of
fire and police commissioners hereunder. The term | 8 |
| "administrative
decision" is defined as in Section 3-101 of the | 9 |
| Code of Civil Procedure.
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| Nothing in this Section shall be construed to prevent the | 11 |
| chief of
the fire department or the chief of the police | 12 |
| department from
suspending without pay a member of his | 13 |
| department for a period of not
more than 5 calendar days, but | 14 |
| he shall notify the board in writing of such
suspension.
The | 15 |
| hearing shall be as hereinafter provided, unless the employer | 16 |
| and the
labor organization representing the person have | 17 |
| negotiated an alternative or
supplemental form of due process | 18 |
| based upon impartial arbitration as a term of
a collective | 19 |
| bargaining agreement. In non-home rule units of government, | 20 |
| such
bargaining shall be permissive rather than mandatory | 21 |
| unless such contract term
was negotiated by the employer and | 22 |
| the labor organization prior to or at the
time of the effective | 23 |
| date of this amendatory Act, in which case such
bargaining | 24 |
| shall be considered mandatory.
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| Any policeman or fireman so suspended may appeal to the | 26 |
| board of fire and
police commissioners for a review of the |
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LRB095 07174 HLH 27305 b |
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| suspension within 5 calendar days
after such suspension, and | 2 |
| upon such appeal, the board may sustain the action
of the chief | 3 |
| of the department, may reverse it with instructions that the | 4 |
| man
receive his pay for the period involved, or may suspend the | 5 |
| officer for an
additional period of not more than 30 days or | 6 |
| discharge him, depending upon
the facts presented.
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| (Source: P.A. 91-650, eff. 11-30-99.)
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| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
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