Full Text of SB1290 95th General Assembly
SB1290eng 95TH GENERAL ASSEMBLY
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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, on and after June 1, 2007, in any sheriff's | 14 |
| office with a collective bargaining agreement covering the | 15 |
| employment of department personnel, such disciplinary measures | 16 |
| and the method of review of those measures shall be subject to | 17 |
| mandatory bargaining, including, but not limited to, the use of | 18 |
| impartial arbitration as an alternative or supplemental form of | 19 |
| due process.
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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 |
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| otherwise
provided in this Division, no certified person shall | 2 |
| be removed, demoted or
suspended except for cause, upon written | 3 |
| charges filed with the Merit
Commission by the sheriff. Upon | 4 |
| the filing of such a petition, the sheriff
may suspend the | 5 |
| certified person pending the decision of the Commission on
the | 6 |
| charges. After the charges have been heard, the Commission may | 7 |
| direct
that the person receive his pay for any part or all of | 8 |
| 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 | 11 |
| certified
person shall be afforded full opportunity to be | 12 |
| represented by
counsel, to be heard in his own defense and to | 13 |
| produce proof
in his defense. Both the Commission and the | 14 |
| sheriff may be
represented by counsel. The State's Attorney of | 15 |
| the applicable
county may advise either the Commission or the | 16 |
| sheriff. The
other party may engage private counsel to advise | 17 |
| it.
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| The Commission shall have the power to secure by
its | 19 |
| subpoena both the attendance and testimony of witnesses
and the | 20 |
| production of books and papers in support of the charges
and | 21 |
| for the defense. Each member of the Commission shall have
the | 22 |
| power to administer oaths.
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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 | 25 |
| finding of guilty and order either removal, demotion, loss
of | 26 |
| 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 | 2 |
| the
rules and regulations of the Commission which, in the | 3 |
| opinion
of the members thereof, the offense justifies. If the | 4 |
| charges against
an accused person are not established by the | 5 |
| preponderance of
evidence, the Commission shall make a finding | 6 |
| of not guilty and
shall order that the person be reinstated and | 7 |
| be paid his
compensation for the suspension period, if any, | 8 |
| while awaiting
the hearing. The sheriff shall take such action | 9 |
| as may be ordered
by the Commission. However, on and after June | 10 |
| 1, 2007, in any sheriff's office with a collective bargaining | 11 |
| agreement covering the employment of department personnel, | 12 |
| such disciplinary measures and the method of review of those | 13 |
| measures shall be subject to mandatory bargaining, including, | 14 |
| but not limited to, the use of impartial arbitration as an | 15 |
| alternative or supplemental form of due process and any of the | 16 |
| procedures laid out in this Section.
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| The provisions of the Administrative Review Law, and all | 18 |
| amendments and
modifications thereof, and the rules adopted | 19 |
| pursuant thereto, shall apply
to and govern all proceedings for | 20 |
| the judicial review of any order of the
Commission rendered | 21 |
| pursuant to this Section. The plaintiff shall pay the
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| reasonable cost of preparing and certifying the record for | 23 |
| judicial review.
However, if the plaintiff prevails in the | 24 |
| judicial review proceeding, the
court shall award to the | 25 |
| plaintiff a sum equal to the costs paid by the
plaintiff to | 26 |
| have the record for judicial review prepared and certified.
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| (Source: P.A. 86-962.)
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