Full Text of SB1290 95th General Assembly
SB1290 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB1290
Introduced 2/9/2007, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: |
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55 ILCS 5/3-8013 |
from Ch. 34, par. 3-8013 |
55 ILCS 5/3-8014 |
from Ch. 34, par. 3-8014 |
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Amends the Counties Code. Provides that, in any sheriff's office with a collective bargaining agreement covering the employment of department personnel, disciplinary measures shall be reviewable through arbitration, and the Sheriff may act to remove, demote, or suspend department personnel without filing charges with the Merit Commission.
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A BILL FOR
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SB1290 |
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LRB095 08359 HLH 28532 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 Counties Code is amended by changing | 5 |
| 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 | 8 |
| for actions
violating either the rules and regulations of the | 9 |
| Commission or the internal
procedures of the sheriff's office | 10 |
| may be taken by the sheriff. Such
disciplinary measures may | 11 |
| include suspension of any certified person for
reasonable | 12 |
| periods, not exceeding a cumulative
30 days in any 12-month | 13 |
| period. However, in any sheriff's office with a collective | 14 |
| bargaining agreement covering the employment of department | 15 |
| personnel, such disciplinary measures shall be reviewable | 16 |
| through impartial arbitration as provided in the Illinois | 17 |
| Public Labor Relations Act.
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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 | 21 |
| otherwise
provided in this Division, no certified person shall | 22 |
| be removed, demoted or
suspended except for cause, upon written |
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SB1290 |
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LRB095 08359 HLH 28532 b |
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| charges filed with the Merit
Commission by the sheriff. | 2 |
| However, in any sheriff's office with a collective bargaining | 3 |
| agreement covering the employment of department personnel, no | 4 |
| such charges need be filed. The Sheriff may act to remove, | 5 |
| demote, or suspend department personnel, but the removal, | 6 |
| demotion, or suspension shall be reviewable through impartial | 7 |
| arbitration as provided in the Illinois Public Labor Relations | 8 |
| Act. Upon the filing of such a petition, the sheriff
may | 9 |
| suspend the certified person pending the decision of the | 10 |
| Commission on
the charges. After the charges have been heard, | 11 |
| the Commission may direct
that the person receive his pay for | 12 |
| any part or all of 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 | 15 |
| certified
person shall be afforded full opportunity to be | 16 |
| represented by
counsel, to be heard in his own defense and to | 17 |
| produce proof
in his defense. Both the Commission and the | 18 |
| sheriff may be
represented by counsel. The State's Attorney of | 19 |
| the applicable
county may advise either the Commission or the | 20 |
| sheriff. The
other party may engage private counsel to advise | 21 |
| it.
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| The Commission shall have the power to secure by
its | 23 |
| subpoena both the attendance and testimony of witnesses
and the | 24 |
| production of books and papers in support of the charges
and | 25 |
| for the defense. Each member of the Commission shall have
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| power to administer oaths.
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SB1290 |
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LRB095 08359 HLH 28532 b |
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| If the charges against an accused person are established
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| the preponderance of evidence, the Commission shall
make a | 3 |
| finding of guilty and order either removal, demotion, loss
of | 4 |
| 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 | 6 |
| the
rules and regulations of the Commission which, in the | 7 |
| opinion
of the members thereof, the offense justifies. If the | 8 |
| charges against
an accused person are not established by the | 9 |
| preponderance of
evidence, the Commission shall make a finding | 10 |
| of not guilty and
shall order that the person be reinstated and | 11 |
| be paid his
compensation for the suspension period, if any, | 12 |
| while awaiting
the hearing. The sheriff shall take such action | 13 |
| as may be ordered
by the Commission.
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| The provisions of the Administrative Review Law, and all | 15 |
| amendments and
modifications thereof, and the rules adopted | 16 |
| pursuant thereto, shall apply
to and govern all proceedings for | 17 |
| the judicial review of any order of the
Commission rendered | 18 |
| pursuant to this Section. The plaintiff shall pay the
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| reasonable cost of preparing and certifying the record for | 20 |
| judicial review.
However, if the plaintiff prevails in the | 21 |
| judicial review proceeding, the
court shall award to the | 22 |
| plaintiff a sum equal to the costs paid by the
plaintiff to | 23 |
| have the record for judicial review prepared and certified.
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| (Source: P.A. 86-962.)
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