Full Text of SB2707 100th General Assembly
SB2707sam001 100TH GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Personnel Code is amended by changing | 5 | | Section 11 as follows:
| 6 | | (20 ILCS 415/11) (from Ch. 127, par. 63b111)
| 7 | | Sec. 11. Hearing - disciplinary action. No officer or | 8 | | employee under
jurisdiction B, relating to merit and fitness, | 9 | | who has been appointed under
the rules and after examination, | 10 | | shall be removed discharged or demoted,
or be suspended for a | 11 | | period of more than 30 days, in any 12 month period,
except for | 12 | | cause, upon written charges approved by the Director of Central
| 13 | | Management Services, and after an opportunity to be heard in | 14 | | his own defense if
he makes written request to the Commission | 15 | | within 15 days after the serving
of the written charges upon | 16 | | him. Upon the filing of such a request for
a hearing, the |
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| 1 | | Commission shall grant a hearing within 30 days. The time
and | 2 | | place of the hearing shall be fixed by the Commission, and due | 3 | | notice
thereof given the appointing officer and the employee. | 4 | | The hearing shall
be public, and the officer or employee is | 5 | | entitled to call witnesses
in his own defense and to have the | 6 | | aid of counsel. The finding and decision
of the Commission, or | 7 | | the approval by the Commission of the finding and
decision of | 8 | | the officer or board appointed by it to conduct such | 9 | | investigation,
shall be rendered within 60 days after the | 10 | | receipt of the transcript of
the proceedings , unless the | 11 | | Commission remands the matter back to the Administrative Law | 12 | | Judge for the purpose of taking additional evidence, soliciting | 13 | | additional argument, or for any other reason that will assist | 14 | | the Commission in rendering its finding and decision . If the | 15 | | finding and decision is not rendered within 60
days after | 16 | | receipt of the transcript of the proceedings, or the matter is | 17 | | not otherwise remanded by the Commission to the Administrative | 18 | | Law Judge, the employee shall
be considered to be reinstated | 19 | | and shall receive full compensation for the
period for which he | 20 | | was suspended. The finding and decision of the Commission
or | 21 | | officer or board appointed by it to conduct investigation, when | 22 | | approved
by the Commission, shall be certified to the Director, | 23 | | and shall be forthwith
enforced by the Director. In making its | 24 | | finding and decision, or in approving
the finding and decision | 25 | | of some officer or board appointed by it to conduct
such | 26 | | investigation, the Civil Service Commission may, for |
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| 1 | | disciplinary
purposes, suspend an employee for a period of time | 2 | | not to exceed 90 days,
and in no event to exceed a period of 120 | 3 | | days from the date of any
suspension of such employee, pending | 4 | | investigation of such charges. If the
Commission certifies a | 5 | | decision that an officer or employee is to be
retained in his | 6 | | position and if it does not order a suspension for
disciplinary | 7 | | purposes, the officer or employee shall receive full
| 8 | | compensation for any period during which he was suspended | 9 | | pending the
investigation of the charges.
| 10 | | Nothing in this Section shall limit the authority to | 11 | | suspend an employee
for a reasonable period not exceeding 30 | 12 | | days, in any 12 month period.
| 13 | | Notwithstanding the provisions of this Section, an | 14 | | arbitrator of the
Illinois Workers' Compensation
Commission, | 15 | | appointed pursuant to Section 14 of the Workers'
Compensation | 16 | | Act, may be removed by the Governor upon the recommendation of
| 17 | | the Commission Review Board pursuant to Section 14.1 of such | 18 | | Act.
| 19 | | Notwithstanding the provisions of this Section, a policy | 20 | | making officer
of a State agency, as defined in the Employee | 21 | | Rights Violation Act, shall
be discharged from State employment | 22 | | as provided
in the Employee Rights Violation Act, enacted by | 23 | | the 85th General Assembly.
| 24 | | (Source: P.A. 93-721, eff. 1-1-05 .)".
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