Full Text of SB0695 100th General Assembly
SB0695sam003 100TH GENERAL ASSEMBLY | Sen. Bill Cunningham Filed: 4/11/2017
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| 1 | | AMENDMENT TO SENATE BILL 695
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 695, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Counties Code is amended by changing | 6 | | Sections 3-7002, 3-7003, 3-7005, 3-7008, 3-7011, and 3-7012 and | 7 | | adding Sections 3-7000.5 and 3-7018 as follows: | 8 | | (55 ILCS 5/3-7000.5 new) | 9 | | Sec. 3-7000.5. Definitions. As used in this Division: | 10 | | "Board" means the Cook County Sheriff's Merit Board created | 11 | | under subsection (b) of Section 3-7002. | 12 | | "Sheriff" means the Sheriff of Cook County. | 13 | | "Sworn officer" means a deputy sheriff, deputy sergeant, | 14 | | deputy lieutenant, corrections officer, corrections sergeant, | 15 | | corrections lieutenant, police officer, police sergeant, | 16 | | police lieutenant, or any other person hired or promoted by the |
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| 1 | | Sheriff and earning the relevant sworn merit rank.
| 2 | | (55 ILCS 5/3-7002) (from Ch. 34, par. 3-7002)
| 3 | | Sec. 3-7002. Cook County Sheriff's Merit Board. | 4 | | (a) On the effective date of this amendatory Act of 100th | 5 | | General Assembly, the terms of all members of the Board created | 6 | | under this subsection (a) are ended and the Board created under | 7 | | this subsection (a) is abolished. There is created the
Cook | 8 | | County Sheriff's Merit Board, hereinafter called the Board, | 9 | | consisting
of 7 members appointed by the Sheriff with the | 10 | | advice and consent of
the county
board, except that on and | 11 | | after the effective date of this amendatory Act of
1997, the | 12 | | Sheriff may appoint 2 additional members, with the advice and
| 13 | | consent of the county board, at his or her discretion. Of the | 14 | | members first
appointed, one shall serve until the third Monday | 15 | | in March, 1965 one until the
third Monday in March, 1967, and | 16 | | one until the third Monday in March, 1969. Of
the 2 additional | 17 | | members first appointed under authority of this amendatory Act
| 18 | | of 1991, one shall serve until the third Monday in March, 1995, | 19 | | and one until
the third Monday in March, 1997.
Of the 2 | 20 | | additional members first appointed under the authority of this
| 21 | | amendatory Act of
the 91st General Assembly, one shall serve | 22 | | until the third Monday in March,
2005 and
one shall serve until | 23 | | the third Monday in March, 2006.
| 24 | | Upon the expiration of the terms of office of those first | 25 | | appointed
(including the 2 additional members first appointed |
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| 1 | | under authority of
this amendatory Act of 1991 and under the | 2 | | authority of this amendatory Act of
the
91st General Assembly), | 3 | | their respective successors shall be
appointed to hold office | 4 | | from the third Monday in March of the year of
their respective | 5 | | appointments for a term of 6 years and until their
successors | 6 | | are appointed and qualified for a like term. As additional
| 7 | | members are appointed under authority of this amendatory Act of | 8 | | 1997, their
terms shall be set to be staggered consistently | 9 | | with the terms of the existing
Board members. No more than 3
| 10 | | members of the Board shall be affiliated with the same | 11 | | political party,
except that as additional members are | 12 | | appointed by the Sheriff under authority
of this amendatory Act | 13 | | of 1997 and under the authority of this amendatory Act
of the | 14 | | 91st General Assembly, the political affiliation of the Board | 15 | | shall be
such that no more than one-half of the members plus | 16 | | one additional member may
be affiliated with the same political | 17 | | party. No member shall have held or have
been a candidate for | 18 | | an elective public office within one year preceding his or
her | 19 | | appointment.
| 20 | | The Sheriff may deputize members of the Board. | 21 | | (b) On the effective date of this amendatory Act of the | 22 | | 100th General Assembly, there is created the Cook County | 23 | | Sheriff's Merit Board, consisting
of 5 members appointed by the | 24 | | Sheriff with the advice and consent of
the county
board who | 25 | | should have the following qualifications: one member who is an | 26 | | employee or agent representing the interests of labor unions; |
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| 1 | | one member who is or was employed by a law enforcement agency | 2 | | and was responsible for investigating disciplinary cases; one | 3 | | member who is or was engaged in academic research relating to | 4 | | criminal justice at an institution of higher learning; one | 5 | | member who is or was affiliated with a not-for-profit prison | 6 | | reform entity; and one member who is or was involved with a | 7 | | not-for-profit community or civic organization. Of the members | 8 | | initially appointed to the Board, 2 shall serve until the first | 9 | | Monday in March of 2019, one shall serve until the first Monday | 10 | | in March of 2020, one shall serve until the first Monday in | 11 | | March of 2021, and one shall serve until the first Monday in | 12 | | March of 2022, thereafter all members shall be appointed for | 13 | | terms of 4 years. Members shall serve until their successors | 14 | | are appointed and qualified. Whenever a vacancy in the office | 15 | | of member shall occur, the Sheriff shall, with the advice and | 16 | | consent of the county board, appoint a person to serve for the | 17 | | remainder of the unexpired term. No more than 3
members of the | 18 | | Board shall be affiliated with the same political party.
| 19 | | It is the intent of the General Assembly that the Cook | 20 | | County Sheriff's Merit Board created under this subsection (b) | 21 | | shall act as the successor agency to the former Merit Board | 22 | | created under subsection (a) of this Section for purposes of | 23 | | the former Merit Board's responsibilities. | 24 | | The Cook County Sheriff's Merit Board shall inherit and | 25 | | subsume all written charges filed before the former Merit Board | 26 | | created under subsection (a) of this Section and all decisions |
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| 1 | | and actions of the former Merit Board made pursuant to Sections | 2 | | 3-7006, 3-7007, 3-7008, 3-7009, 3-7010, or 3-7012 and prior to | 3 | | the effective date of this amendatory Act of the 100th General | 4 | | Assembly and may preside over, amend, correct, or defend these | 5 | | decisions and actions as required or permitted by law. | 6 | | The Cook County Sheriff's Merit Board shall ensure that all | 7 | | applicable federal and State laws are followed and enforced. | 8 | | The Cook County Sheriff's Merit Board shall ensure that the | 9 | | hiring and promotional practices of sworn officers by the | 10 | | Sheriff's Office reflect the diverse demographics of Cook | 11 | | County and that those priorities give preference to honorably | 12 | | discharged veterans of the Armed Forces of the United States of | 13 | | America. | 14 | | (Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97; | 15 | | 90-655, eff.
7-30-98; 91-722, eff. 6-2-00.)
| 16 | | (55 ILCS 5/3-7003) (from Ch. 34, par. 3-7003)
| 17 | | Sec. 3-7003. Compensation and expenses of board members. | 18 | | Each member of the Board shall receive compensation or a | 19 | | stipend as determined by the county board; the county board may | 20 | | provide additional compensation for service as chairman or | 21 | | secretary. Each member shall be reimbursed for expenses | 22 | | necessarily incurred in discharging the duties of his or her | 23 | | office. Such compensation and reimbursement shall be paid by | 24 | | the county; no other fringe or pension benefits shall be | 25 | | provided. Each
member of the Board shall receive compensation |
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| 1 | | for
each day during which he is engaged in transacting the | 2 | | business of the
Board and, in addition thereto, his actual | 3 | | traveling and other expenses
necessarily incurred in | 4 | | discharging the duties of his office. No member of
the Board | 5 | | shall receive compensation of more than $25,000 in
any
fiscal | 6 | | year, except that
the Chairman shall receive compensation of no
| 7 | | more than $30,000 in any fiscal year. Such compensation | 8 | | expenses shall
be paid by the county.
| 9 | | (Source: P.A. 91-722, eff. 6-2-00.)
| 10 | | (55 ILCS 5/3-7005) (from Ch. 34, par. 3-7005)
| 11 | | Sec. 3-7005. Meetings. | 12 | | As soon as practicable after the members
of the Board have | 13 | | been appointed, they shall meet, upon the call of the
Sheriff, | 14 | | and shall organize by selecting a chairman and a secretary. The
| 15 | | initial chairman and secretary, and their successors, shall be | 16 | | selected by
the Board from among its members for a term of 2 | 17 | | years or for the remainder
of their term of office as a member | 18 | | of the Board, whichever is the shorter.
Three Two members of | 19 | | the Board shall constitute a quorum for
the transaction of
| 20 | | business , except that as additional members are appointed under | 21 | | authority of
this amendatory Act of 1997, the number of members | 22 | | that must be present to
constitute a quorum shall be the number | 23 | | of members that constitute at least 40%
of the Board . The Board | 24 | | shall hold regular quarterly meetings and such other
meetings | 25 | | as may be called by the chairman. The Board shall meet at the |
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| 1 | | call of the Sheriff for the purpose of naming a successor | 2 | | chairman or secretary whenever there is a vacancy in either of | 3 | | those offices, or to transact any other business before the | 4 | | Board.
| 5 | | (Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97; | 6 | | 90-655, eff.
7-30-98.)
| 7 | | (55 ILCS 5/3-7008) (from Ch. 34, par. 3-7008)
| 8 | | Sec. 3-7008. Appointments. The appointment of deputy | 9 | | sheriffs in the
Police Department, full-time deputy sheriffs | 10 | | not employed as county police
officers or county corrections | 11 | | officers and of employees in the Department
of Corrections | 12 | | shall be made from those applicants who have been certified
by | 13 | | the Board as being qualified for appointment. Certification for
| 14 | | appointment in one department shall not constitute | 15 | | certification for
appointment in another department. All | 16 | | persons so appointed shall, at the
time of their appointment, | 17 | | be not less than 21 years of age, or 20 years of
age and have | 18 | | successfully completed 2 years of law enforcement studies at
an | 19 | | accredited college or university. Any person appointed | 20 | | subsequent to
successful completion of 2 years of such law | 21 | | enforcement studies shall not
have power of arrest, nor shall | 22 | | he or she be permitted to carry firearms,
until he or she | 23 | | reaches 21 years of age. In addition,
all persons so appointed | 24 | | shall be not more than the maximum age limit fixed
by the Board | 25 | | from time to time, be of sound mind and body, be of good moral
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| 1 | | character, be citizens of the United States, have not been | 2 | | convicted of a crime
which the Board considers to be | 3 | | detrimental to the applicant's ability to
carry out his or her | 4 | | duties, possess such prerequisites of training, education
and | 5 | | experience as the Board may from time to time prescribe, and | 6 | | shall be
required to pass successfully mental, physical, | 7 | | psychiatric and other tests
and examinations as may be | 8 | | prescribed by the Board. Preference shall be
given in such | 9 | | appointments to persons who have honorably served in the
| 10 | | military or naval services of the United States. Before | 11 | | entering upon his
or her duties, each deputy sheriff in the | 12 | | County Police Department shall
execute a good and sufficient | 13 | | bond, payable to the People of the State of
Illinois, in the | 14 | | penal sum of $1,000 and to the Sheriff of the County where
he | 15 | | or she is employed in the sum of $10,000, conditioned on the | 16 | | faithful
performance of his or her duties. All appointees shall | 17 | | serve a
probationary period of 12 months and during that period | 18 | | may be discharged
at the will of the Sheriff. However, civil | 19 | | service employees of the house
of correction who have certified | 20 | | status at the time of the transfer of the
house of correction | 21 | | to the County Department of Corrections are not subject
to this | 22 | | probationary period, and they shall retain their job titles, | 23 | | such
tenure privileges as are now enjoyed and any subsequent | 24 | | title changes shall
not cause reduction in rank or elimination | 25 | | of positions.
| 26 | | (Source: P.A. 86-962.)
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| 1 | | (55 ILCS 5/3-7011) (from Ch. 34, par. 3-7011)
| 2 | | Sec. 3-7011. Disciplinary measures. In Cook County, the | 3 | | Sheriff, or his or her designee, is solely responsible for the | 4 | | issuance of all disciplinary measures against a sworn officer | 5 | | when the maximum punishment for the violation alleged is the | 6 | | suspension of the sworn officer for a period not exceeding 90 | 7 | | days, subject to review under the provisions of the applicable | 8 | | collective bargaining agreement. Any allegation against a | 9 | | sworn officer which would result in suspension for a period of | 10 | | greater than 90 days shall be adjudicated as provided under | 11 | | Section 3-7012. | 12 | | Disciplinary measures
prescribed by the Board may be taken by | 13 | | the sheriff for the
punishment of infractions of the rules and | 14 | | regulations promulgated
by the Board. Such disciplinary | 15 | | measures may include suspension
of any deputy sheriff in the | 16 | | County Police Department, any
full-time deputy sheriff not | 17 | | employed as a county police officer
or county corrections | 18 | | officer and any employee in the County
Department of | 19 | | Corrections for a reasonable period, not exceeding
30 days, | 20 | | without complying with the provisions of Section 3-7012 hereof.
| 21 | | (Source: P.A. 86-962.)
| 22 | | (55 ILCS 5/3-7012) (from Ch. 34, par. 3-7012)
| 23 | | Sec. 3-7012. Removal, demotion or suspension. Except as is
| 24 | | otherwise provided in this Division, no deputy sheriff in
the |
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| 1 | | County Police Department, no full-time deputy sheriff not | 2 | | employed
as a county police officer or county corrections | 3 | | officer and no employee in
the County Department of Corrections | 4 | | shall be removed, demoted or suspended
except for cause, upon | 5 | | written charges filed with the Board by the Sheriff
and a | 6 | | hearing before the Board , or a hearing officer designated by | 7 | | the Board, thereon upon not less than 10 days' notice
at a | 8 | | place to be designated by the chairman thereof. At such | 9 | | hearing, the
accused deputy sheriff shall be afforded full | 10 | | opportunity to be heard in
his or her own defense and to | 11 | | produce proof in his or her defense. The
Board , or a hearing | 12 | | officer designated by the Board, shall have the power to secure | 13 | | by its subpoena both the attendance
and testimony of witnesses | 14 | | and the production of books and papers in
support of the | 15 | | charges and for the defense. The fees of witnesses for
| 16 | | attendance and travel shall be the same as the fees of | 17 | | witnesses before the
circuit courts of this State, and shall be | 18 | | paid in the same manner as other
expenses of the Board. Each | 19 | | member of the Board , and hearing officers designated by the | 20 | | Board, shall have the power to
administer oaths or | 21 | | affirmations. If the charges against an accused deputy
sheriff | 22 | | are established by a preponderance of evidence, the Board , or a | 23 | | hearing officer designated by the Board, shall
make a finding | 24 | | of guilty and order either removal, demotion, suspension for
a | 25 | | period of not more than 180 days, or such other disciplinary | 26 | | punishment
as may be prescribed by the rules and regulations of |
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| 1 | | the Board which, in
the opinion of the members thereof, the | 2 | | offense merits. Thereupon the
sheriff shall direct such removal | 3 | | or other punishment as ordered by the
Board and if the accused | 4 | | deputy sheriff refuses to abide by any such
disciplinary order, | 5 | | the sheriff shall remove him or her forthwith.
| 6 | | In case of the neglect or refusal of any person to obey a | 7 | | subpoena
issued by the Board, or a hearing officer designated | 8 | | by the Board, any circuit court or a judge thereof, upon | 9 | | application
of any member of the Board, or a designated hearing | 10 | | officer, may order such person to appear before the
Board and | 11 | | give testimony or produce evidence, and any failure to obey | 12 | | such
order is punishable by the court as a contempt thereof.
| 13 | | The Board shall, except for good cause shown and set forth | 14 | | on the record, render its decision within 90 days following the | 15 | | conclusion of any hearing conducted under the provisions of | 16 | | this Section. | 17 | | 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 Board rendered pursuant | 21 | | to the
provisions of this Section.
| 22 | | (Source: P.A. 86-962.)
| 23 | | (55 ILCS 5/3-7018 new) | 24 | | Sec. 3-7018. Annual reports. On January 31, 2019, and on | 25 | | January 31 of each year thereafter, the Board shall publish an |
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| 1 | | annual report, which shall be available on the website of the | 2 | | Cook County Sheriff. The annual report of the Board shall | 3 | | contain a summary of hiring and promotions of the preceding | 4 | | year, together with a summary of the Board's disciplinary | 5 | | proceedings of the preceding year. | 6 | | (55 ILCS 5/3-7007 rep.) | 7 | | Section 10. The Counties Code is amended by repealing | 8 | | Section 3-7007.
| 9 | | Section 99. Effective date. This Act takes effect December | 10 | | 1, 2017.".
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