Full Text of SB1295 95th General Assembly
SB1295 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB1295
Introduced 2/9/2007, by Sen. Don Harmon 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. Provides that, in any municipality with a collective bargaining agreement covering the employment of fire and police personnel, discharge and suspension hearings for fire and police personnel shall be based upon impartial arbitration.
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A BILL FOR
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SB1295 |
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LRB095 08362 HLH 28535 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 . However, in any municipality with a | 14 |
| collective bargaining agreement covering the employment of | 15 |
| fire and police personnel, the hearing for fire and police | 16 |
| personnel shall be based upon impartial arbitration as provided | 17 |
| in the Illinois Public Labor Relations Act. , unless the | 18 |
| employer and the
labor organization representing the person | 19 |
| have negotiated an alternative or
supplemental form of due | 20 |
| process based upon impartial arbitration as a term of
a | 21 |
| collective bargaining agreement. In non-home rule units of | 22 |
| government, such
bargaining shall be permissive rather than | 23 |
| mandatory unless such contract term
was negotiated by the |
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SB1295 |
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LRB095 08362 HLH 28535 b |
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| employer and the labor organization prior to or at the
time of | 2 |
| the effective date of this amendatory Act, in which case such
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| bargaining shall be considered mandatory.
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| If the chief of the fire department or the chief of the | 5 |
| police department or
both of them are appointed in the manner | 6 |
| provided by ordinance, they may be
removed or discharged by the | 7 |
| appointing authority. In such case the appointing
authority | 8 |
| shall file with the corporate authorities the reasons for such
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| removal or discharge, which removal or discharge shall not | 10 |
| become effective
unless confirmed by a majority vote of the | 11 |
| corporate authorities. The board of
fire and police | 12 |
| commissioners shall conduct a fair and impartial hearing of
the | 13 |
| charges, to be commenced within 30 days of the filing thereof, | 14 |
| which
hearing may be continued from time to time. In case an | 15 |
| officer or member
is found guilty, the board may discharge him, | 16 |
| or may suspend him not
exceeding 30 days without pay. The board | 17 |
| may suspend any officer or
member pending the hearing with or | 18 |
| without pay, but not to exceed 30
days. If the Board of Fire | 19 |
| and Police Commissioners determines that the
charges are not | 20 |
| sustained, the officer or member shall be reimbursed for
all | 21 |
| wages withheld, if any. In the conduct of this hearing, each | 22 |
| member
of the board shall have power to administer oaths and | 23 |
| affirmations, and
the board shall have power to secure by its | 24 |
| subpoena both the attendance
and testimony of witnesses and the | 25 |
| production of books and papers
relevant to the hearing.
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| The age for retirement of policemen or firemen in the |
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SB1295 |
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LRB095 08362 HLH 28535 b |
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| service of any
municipality which adopts this Division 2.1 is | 2 |
| 65 years, unless the
Council or Board of Trustees shall by | 3 |
| ordinance provide for an earlier
retirement age of not less | 4 |
| than 60 years.
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| The provisions of the Administrative Review Law, and all | 6 |
| amendments and
modifications thereof, and the rules
adopted | 7 |
| pursuant thereto, shall apply to and govern all proceedings for
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| the judicial review of final administrative decisions of the | 9 |
| board of
fire and police commissioners hereunder. The term | 10 |
| "administrative
decision" is defined as in Section 3-101 of the | 11 |
| Code of Civil Procedure.
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| Nothing in this Section shall be construed to prevent the | 13 |
| chief of
the fire department or the chief of the police | 14 |
| department from
suspending without pay a member of his | 15 |
| department for a period of not
more than 5 calendar days, but | 16 |
| he shall notify the board in writing of such
suspension.
The | 17 |
| hearing shall be as hereinafter provided . However, if the | 18 |
| municipality has a collective bargaining agreement covering | 19 |
| the employment of fire and police personnel, the suspension | 20 |
| shall be reviewable through impartial arbitration as provided | 21 |
| in the Illinois Public Labor Relations Act. , unless the | 22 |
| employer and the
labor organization representing the person | 23 |
| have negotiated an alternative or
supplemental form of due | 24 |
| process based upon impartial arbitration as a term of
a | 25 |
| collective bargaining agreement. In non-home rule units of | 26 |
| government, such
bargaining shall be permissive rather than |
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SB1295 |
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LRB095 08362 HLH 28535 b |
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| 1 |
| mandatory unless such contract term
was negotiated by the | 2 |
| employer and the labor organization prior to or at the
time of | 3 |
| the effective date of this amendatory Act, in which case such
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| bargaining shall be considered mandatory.
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| Any policeman or fireman so suspended may appeal to the | 6 |
| board of fire and
police commissioners for a review of the | 7 |
| suspension within 5 calendar days
after such suspension, and | 8 |
| upon such appeal, the board may sustain the action
of the chief | 9 |
| of the department, may reverse it with instructions that the | 10 |
| man
receive his pay for the period involved, or may suspend the | 11 |
| officer for an
additional period of not more than 30 days or | 12 |
| discharge him, depending upon
the facts presented.
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| (Source: P.A. 91-650, eff. 11-30-99.)
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