Full Text of HB1547 94th General Assembly
HB1547 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB1547
Introduced 2/10/2005, by Rep. Larry McKeon SYNOPSIS AS INTRODUCED: |
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5 ILCS 315/7 |
from Ch. 48, par. 1607 |
5 ILCS 315/14 |
from Ch. 48, par. 1614 |
65 ILCS 5/10-1-18 |
from Ch. 24, par. 10-1-18 |
65 ILCS 5/10-2.1-17 |
from Ch. 24, par. 10-2.1-17 |
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Amends the Illinois Public Labor Relations Act. Provides that discipline and disciplinary due process procedures shall be mandatory subjects of bargaining for firefighters and peace officers. Provides that a home rule unit may not regulate these mandatory subjects of discipline and disciplinary due process procedures in an inconsistent manner. Amends the Illinois Municipal Code. Deletes provisions that stated, as to firefighters and peace officers, that in non-home rule units of government that due process was a permissive subject and not a mandatory subject, except where a collective bargaining agreement included due process provisions and was in effect on the effective date of the prior amendatory Act. Effective immediately.
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HOME RULE NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB1547 |
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LRB094 09420 AJO 39667 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 Public Labor Relations Act is | 5 |
| amended by changing Sections 7 and 14 as follows:
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| (5 ILCS 315/7) (from Ch. 48, par. 1607)
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| Sec. 7. Duty to bargain. A public employer and the | 8 |
| exclusive representative
have the authority and the duty to | 9 |
| bargain collectively set forth in this
Section.
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| For the purposes of this Act, "to bargain collectively" | 11 |
| means the performance
of the mutual obligation of the public | 12 |
| employer or his designated
representative and the | 13 |
| representative of the public employees to meet at
reasonable | 14 |
| times, including meetings in advance of the budget-making | 15 |
| process,
and to negotiate in good faith with respect to wages, | 16 |
| hours, and other
conditions
of employment, not excluded by | 17 |
| Section 4 of this Act, or the negotiation
of an agreement, or | 18 |
| any question arising
thereunder and the execution of a written | 19 |
| contract incorporating any agreement
reached if requested by | 20 |
| either party, but such obligation does not compel
either party | 21 |
| to agree to a proposal or require the making of a concession.
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| The duty "to bargain collectively" shall also include an | 23 |
| obligation to
negotiate over any matter with respect to wages, | 24 |
| hours and other conditions
of employment, not specifically | 25 |
| provided for in any other law or not specifically
in violation | 26 |
| of the provisions
of any law. If any other law pertains, in | 27 |
| part, to a matter affecting
the wages, hours and other | 28 |
| conditions of employment, such other law shall
not be construed | 29 |
| as limiting the duty "to bargain collectively" and to enter
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| into collective bargaining agreements containing clauses which | 31 |
| either supplement,
implement, or relate to the effect of such | 32 |
| provisions in other laws.
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| The duty "to bargain collectively" shall also include | 2 |
| negotiations
as to the terms of a collective bargaining | 3 |
| agreement.
The parties may, by mutual agreement, provide for | 4 |
| arbitration of impasses
resulting from their inability to agree | 5 |
| upon wages, hours and terms and
conditions of employment to be | 6 |
| included in a collective bargaining agreement.
Such | 7 |
| arbitration provisions shall be subject to the Illinois | 8 |
| "Uniform Arbitration
Act" unless agreed by the parties.
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| The duty "to bargain collectively" shall also mean that no | 10 |
| party to a collective
bargaining contract shall terminate or | 11 |
| modify such contract, unless the
party desiring such | 12 |
| termination or modification:
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| (1) serves a written notice upon the other party to the | 14 |
| contract of the
proposed termination or modification 60 days | 15 |
| prior to the expiration date
thereof, or in the event such | 16 |
| contract contains no expiration date, 60 days
prior to the time | 17 |
| it is proposed to make such termination or modification;
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| (2) offers to meet and confer with the other party for the | 19 |
| purpose of
negotiating a new contract or a contract containing | 20 |
| the proposed modifications;
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| (3) notifies the Board within 30 days after such notice of | 22 |
| the existence
of a dispute, provided no agreement has been | 23 |
| reached by that time; and
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| (4) continues in full force and effect, without resorting | 25 |
| to strike or
lockout, all the terms and conditions of the | 26 |
| existing contract for a period
of 60 days after such notice is | 27 |
| given to the other party or until the expiration
date of such | 28 |
| contract, whichever occurs later.
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| The duties imposed upon employers, employees and labor | 30 |
| organizations by
paragraphs (2), (3) and (4) shall become | 31 |
| inapplicable upon an intervening
certification of the Board, | 32 |
| under which the labor organization, which is
a party to the | 33 |
| contract, has been superseded as or ceased to be the exclusive
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| representative
of the employees pursuant to the provisions of | 35 |
| subsection (a) of Section
9, and the duties so imposed shall | 36 |
| not be construed as requiring either
party to discuss or agree |
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| to any modification of the terms and conditions
contained in a | 2 |
| contract for a fixed period, if such modification is to become
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| effective before such terms and conditions can be reopened | 4 |
| under the provisions
of the contract.
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| Collective bargaining for personal care attendants and | 6 |
| personal assistants
under
the Home Services Program shall be | 7 |
| limited to the terms and conditions of
employment
under the | 8 |
| State's control, as defined in this amendatory Act of the 93rd
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| General
Assembly.
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| Collective bargaining for firefighters or peace officers | 11 |
| includes, as mandatory subjects of bargaining, discipline and | 12 |
| disciplinary due process procedures including removal or | 13 |
| discharge. A home rule unit may not regulate the mandatory | 14 |
| bargaining subjects of discipline and disciplinary due process | 15 |
| for firefighters and peace officers in a manner inconsistent | 16 |
| with the regulation by the State of the mandatory bargaining | 17 |
| subjects of discipline and disciplinary due process for | 18 |
| firefighters and peace officers under this Act. This Section is | 19 |
| a limitation under subsection (i) of Section 6 of Article VII | 20 |
| of the Illinois Constitution on the concurrent exercise by home | 21 |
| rule units of powers and functions exercised by the State.
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| (Source: P.A. 93-204, eff. 7-16-03.)
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| (5 ILCS 315/14) (from Ch. 48, par. 1614)
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| Sec. 14. Security Employee, Peace Officer and Fire Fighter | 25 |
| Disputes.
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| (a) In the case of collective bargaining agreements | 27 |
| involving units of
security employees of a public employer, | 28 |
| Peace Officer Units, or units of
fire fighters or paramedics, | 29 |
| and in the case of disputes under Section 18,
unless the | 30 |
| parties mutually agree to some other time limit, mediation
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| shall commence 30 days prior to the expiration date of such | 32 |
| agreement or
at such later time as the mediation services | 33 |
| chosen under subsection (b) of
Section 12 can be provided to | 34 |
| the parties. In the case of negotiations
for an initial | 35 |
| collective bargaining agreement, mediation shall commence
upon |
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| 15 days notice from either party or at such later time as the
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| mediation services chosen pursuant to subsection (b) of Section | 3 |
| 12 can be
provided to the parties. In mediation under this | 4 |
| Section, if either party
requests the use of mediation services | 5 |
| from the Federal Mediation and
Conciliation Service, the other | 6 |
| party shall either join in such request or
bear the additional | 7 |
| cost of mediation services from another source. The
mediator | 8 |
| shall have a duty to keep the Board informed on the progress of
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| the mediation. If any dispute has not been resolved within 15 | 10 |
| days after
the first meeting of the parties and the mediator, | 11 |
| or within such other
time limit as may be mutually agreed upon | 12 |
| by the parties, either the
exclusive representative or employer | 13 |
| may request of the other, in writing,
arbitration, and shall | 14 |
| submit a copy of the request to the Board.
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| (b) Within 10 days after such a request for arbitration has | 16 |
| been
made, the employer shall choose a delegate and
the | 17 |
| employees' exclusive representative shall choose a delegate to | 18 |
| a panel
of arbitration as provided in this Section. The | 19 |
| employer and employees
shall forthwith advise the other and the | 20 |
| Board of their selections.
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| (c) Within 7 days of the request of either party, the Board | 22 |
| shall select
from the Public Employees Labor Mediation Roster 7 | 23 |
| persons who are on the
labor arbitration panels of either the | 24 |
| American Arbitration Association or
the Federal Mediation and | 25 |
| Conciliation Service, or who are members of the
National | 26 |
| Academy of Arbitrators, as nominees for
impartial arbitrator of | 27 |
| the arbitration panel. The parties may select an
individual on | 28 |
| the list provided by the Board or any other individual
mutually | 29 |
| agreed upon by the parties. Within 7 days following the receipt
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| of the list, the parties shall notify the Board of the person | 31 |
| they have
selected. Unless the parties agree on an alternate | 32 |
| selection procedure,
they shall alternatively strike one name | 33 |
| from the list provided by the
Board until only one name | 34 |
| remains. A coin toss shall determine which party
shall strike | 35 |
| the first name. If the parties fail to notify the Board in a
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| timely manner of their selection for neutral chairman, the |
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| Board shall
appoint a neutral chairman from the Illinois Public | 2 |
| Employees
Mediation/Arbitration Roster.
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| (d) The chairman shall call a hearing to begin within 15 | 4 |
| days and give
reasonable notice of the time and place of the | 5 |
| hearing. The hearing
shall be held at the offices of the Board | 6 |
| or at such other location as the
Board deems appropriate. The | 7 |
| chairman shall preside over the hearing and
shall take | 8 |
| testimony. Any oral or documentary evidence and other data
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| deemed relevant by the arbitration panel may be received in | 10 |
| evidence. The
proceedings shall be informal. Technical rules of | 11 |
| evidence shall not apply
and the competency of the evidence | 12 |
| shall not thereby be deemed impaired. A
verbatim record of the | 13 |
| proceedings shall be made and the arbitrator shall
arrange for | 14 |
| the necessary recording service. Transcripts may be ordered at
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| the expense of the party ordering them, but the transcripts | 16 |
| shall not be
necessary for a decision by the arbitration panel. | 17 |
| The expense of the
proceedings, including a fee for the | 18 |
| chairman, established in advance by
the Board, shall be borne | 19 |
| equally by each of the parties to the dispute.
The delegates, | 20 |
| if public officers or employees, shall continue on the
payroll | 21 |
| of the public employer without loss of pay. The hearing | 22 |
| conducted
by the arbitration panel may be adjourned from time | 23 |
| to time, but unless
otherwise agreed by the parties, shall be | 24 |
| concluded within 30 days of the
time of its commencement. | 25 |
| Majority actions and rulings shall constitute
the actions and | 26 |
| rulings of the arbitration panel. Arbitration proceedings
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| under this Section shall not be interrupted or terminated by | 28 |
| reason of any
unfair labor practice charge filed by either | 29 |
| party at any time.
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| (e) The arbitration panel may administer oaths, require the | 31 |
| attendance
of witnesses, and the production of such books, | 32 |
| papers, contracts, agreements
and documents as may be deemed by | 33 |
| it material to a just determination of
the issues in dispute, | 34 |
| and for such purpose may issue subpoenas. If any
person refuses | 35 |
| to obey a subpoena, or refuses to be sworn or to testify,
or if | 36 |
| any witness, party or attorney is guilty of any contempt while |
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| in
attendance at any hearing, the arbitration panel may, or the | 2 |
| attorney general
if requested shall, invoke the aid of any | 3 |
| circuit court within the jurisdiction
in which the hearing is | 4 |
| being held, which court shall issue an appropriate
order. Any | 5 |
| failure to obey the order may be punished by the court as | 6 |
| contempt.
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| (f) At any time before the rendering of an award, the | 8 |
| chairman of the
arbitration panel, if he is of the opinion that | 9 |
| it would be useful or
beneficial to do so, may remand the | 10 |
| dispute to the parties for further
collective bargaining for a | 11 |
| period not to exceed 2 weeks. If the dispute
is remanded for | 12 |
| further collective bargaining the time provisions of this
Act | 13 |
| shall be extended for a time period equal to that of the | 14 |
| remand. The
chairman of the panel of arbitration shall notify | 15 |
| the Board of the remand.
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| (g) At or before the conclusion of the hearing held | 17 |
| pursuant to subsection
(d), the arbitration panel shall | 18 |
| identify the economic issues in dispute,
and direct each of the | 19 |
| parties to submit, within such time limit as the
panel shall | 20 |
| prescribe, to the arbitration panel and to each other its last
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| offer of settlement on each economic issue. The determination | 22 |
| of the
arbitration panel as to the issues in dispute and as to | 23 |
| which of these
issues are economic shall be conclusive. The | 24 |
| arbitration panel, within 30
days after the conclusion of the | 25 |
| hearing, or such further additional
periods to which the | 26 |
| parties may agree, shall make written findings of fact
and | 27 |
| promulgate a written opinion and shall mail or otherwise | 28 |
| deliver a true
copy thereof to the parties and their | 29 |
| representatives and to the Board. As
to each economic issue, | 30 |
| the arbitration panel shall adopt the last offer of
settlement | 31 |
| which, in the opinion of the arbitration panel, more nearly
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| complies with the applicable factors prescribed in subsection | 33 |
| (h). The
findings, opinions and order as to all other issues | 34 |
| shall be based upon the
applicable factors prescribed in | 35 |
| subsection (h).
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| (h) Where there is no agreement between the parties, or |
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| where there is
an agreement but the parties have begun | 2 |
| negotiations or discussions looking
to a new agreement or | 3 |
| amendment of the existing agreement, and wage rates
or other | 4 |
| conditions of employment under the proposed new or amended | 5 |
| agreement
are in dispute, the arbitration panel shall base its | 6 |
| findings, opinions
and order upon the following factors, as | 7 |
| applicable:
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| (1) The lawful authority of the employer.
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| (2) Stipulations of the parties.
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| (3) The interests and welfare of the public and the | 11 |
| financial ability
of the unit of government to meet those | 12 |
| costs.
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| (4) Comparison of the wages, hours and conditions of | 14 |
| employment of the
employees involved in the arbitration | 15 |
| proceeding with the wages, hours and
conditions of | 16 |
| employment of other employees performing similar services
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| and with other employees generally:
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| (A) In public employment in comparable | 19 |
| communities.
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| (B) In private employment in comparable | 21 |
| communities.
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| (5) The average consumer prices for goods and services, | 23 |
| commonly known
as the cost of living.
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| (6) The overall compensation presently received by the | 25 |
| employees,
including
direct wage compensation, vacations, | 26 |
| holidays and other excused time, insurance
and pensions, | 27 |
| medical and hospitalization benefits, the continuity and
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| stability of employment and all other benefits received.
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| (7) Changes in any of the foregoing circumstances | 30 |
| during the pendency
of the arbitration proceedings.
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| (8) Such other factors, not confined to the foregoing, | 32 |
| which are normally
or traditionally taken into | 33 |
| consideration in the determination of wages,
hours and | 34 |
| conditions of employment through voluntary collective | 35 |
| bargaining,
mediation, fact-finding, arbitration or | 36 |
| otherwise between the parties, in
the public service or in |
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| private employment.
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| (i) In the case of peace officers, the arbitration decision | 3 |
| shall be
limited to wages, hours, and conditions of employment | 4 |
| (which may include : (i) discipline and disciplinary due | 5 |
| process; and (ii)
residency requirements in municipalities | 6 |
| with a population under 1,000,000, but
those residency | 7 |
| requirements shall not allow residency outside of Illinois)
and | 8 |
| shall not include
the following: i) residency requirements in | 9 |
| municipalities with a population
of at least 1,000,000; ii) the | 10 |
| type of equipment, other
than uniforms, issued or used; iii) | 11 |
| manning; iv) the total number of
employees employed by the | 12 |
| department; v) mutual aid and assistance
agreements to other | 13 |
| units of government; and vi) the criterion pursuant to
which | 14 |
| force, including deadly force, can be used; provided, nothing | 15 |
| herein
shall preclude an arbitration decision regarding | 16 |
| equipment or manning
levels if such decision is based on a | 17 |
| finding that the equipment or manning
considerations in a | 18 |
| specific work assignment involve a serious risk to the
safety | 19 |
| of a peace officer beyond that which is inherent in the normal
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| performance of police duties. Limitation of the terms of the | 21 |
| arbitration
decision pursuant to this subsection shall not be | 22 |
| construed to limit the
factors upon which the decision may be | 23 |
| based, as set forth in subsection (h).
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| In the case of fire fighter, and fire department or fire | 25 |
| district paramedic
matters, the arbitration decision shall be | 26 |
| limited to wages, hours, and
conditions of employment (which | 27 |
| may include : (i) discipline and disciplinary due process; and | 28 |
| (ii) residency requirements in
municipalities with a | 29 |
| population under 1,000,000, but those residency
requirements | 30 |
| shall not allow residency outside of Illinois) and shall not
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| include the
following matters: i) residency requirements in | 32 |
| municipalities with a
population of at least 1,000,000; ii) the | 33 |
| type of equipment (other than
uniforms and fire fighter turnout | 34 |
| gear) issued or used; iii) the total
number of employees | 35 |
| employed by the department; iv) mutual aid and
assistance | 36 |
| agreements to other units of government; and v) the criterion
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| pursuant to which force, including deadly force, can be used; | 2 |
| provided,
however, nothing herein shall preclude an | 3 |
| arbitration decision regarding
equipment levels if such | 4 |
| decision is based on a finding that the equipment
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| considerations in a specific work assignment involve a serious | 6 |
| risk to the
safety of a fire fighter beyond that which is | 7 |
| inherent in the normal
performance of fire fighter duties. | 8 |
| Limitation of the terms of the
arbitration decision pursuant to | 9 |
| this subsection shall not be construed to
limit the facts upon | 10 |
| which the decision may be based, as set forth in
subsection | 11 |
| (h).
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| The changes to this subsection (i) made by Public Act | 13 |
| 90-385 (relating to residency requirements) do not
apply to | 14 |
| persons who are employed by a combined department that performs | 15 |
| both
police and firefighting services; these persons shall be | 16 |
| governed by the
provisions of this subsection (i) relating to | 17 |
| peace officers, as they existed
before the amendment by Public | 18 |
| Act 90-385.
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| To preserve historical bargaining rights, this subsection | 20 |
| shall not apply
to any provision of a fire fighter collective | 21 |
| bargaining agreement in effect
and applicable on the effective | 22 |
| date of this Act; provided, however, nothing
herein shall | 23 |
| preclude arbitration with respect to any such provision.
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| (j) Arbitration procedures shall be deemed to be initiated | 25 |
| by the
filing of a letter requesting mediation as required | 26 |
| under subsection (a)
of this Section. The commencement of a new | 27 |
| municipal fiscal year after the
initiation of arbitration | 28 |
| procedures under this Act, but before the
arbitration decision, | 29 |
| or its enforcement, shall not be deemed to render a
dispute | 30 |
| moot, or to otherwise impair the jurisdiction or authority of | 31 |
| the
arbitration panel or its decision. Increases in rates
of | 32 |
| compensation awarded by the arbitration panel may be effective | 33 |
| only at
the start of the fiscal year next commencing after the | 34 |
| date of the arbitration
award. If a new fiscal year has | 35 |
| commenced either since the initiation of
arbitration | 36 |
| procedures under this Act or since any mutually agreed
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| extension of the statutorily required period of mediation
under | 2 |
| this Act by the parties to the labor dispute causing a
delay in | 3 |
| the initiation of arbitration, the foregoing limitations shall | 4 |
| be
inapplicable, and such awarded increases may be retroactive | 5 |
| to the
commencement of the fiscal year, any other statute or | 6 |
| charter provisions to
the contrary, notwithstanding. At any | 7 |
| time the parties, by stipulation, may
amend or modify an award | 8 |
| of arbitration.
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| (k) Orders of the arbitration panel shall be reviewable, | 10 |
| upon
appropriate petition by either the public employer or the | 11 |
| exclusive
bargaining representative, by the circuit court for | 12 |
| the county in which the
dispute arose or in which a majority of | 13 |
| the affected employees reside, but
only for reasons that the | 14 |
| arbitration panel was without or exceeded its
statutory | 15 |
| authority; the order is arbitrary, or capricious; or the order
| 16 |
| was procured by fraud, collusion or other similar and unlawful | 17 |
| means. Such
petitions for review must be filed with the | 18 |
| appropriate circuit court
within 90 days following the issuance | 19 |
| of the arbitration order. The
pendency of such proceeding for | 20 |
| review shall not automatically stay the
order of the | 21 |
| arbitration panel. The party against whom the final decision
of | 22 |
| any such court shall be adverse, if such court finds such | 23 |
| appeal or
petition to be frivolous, shall pay reasonable | 24 |
| attorneys' fees and costs to
the successful party as determined | 25 |
| by said court in its discretion. If said
court's decision | 26 |
| affirms the award of money, such award, if retroactive,
shall | 27 |
| bear interest at the rate of 12 percent per annum from the | 28 |
| effective
retroactive date.
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| (l) During the pendency of proceedings before the | 30 |
| arbitration panel,
existing wages, hours, and other conditions | 31 |
| of employment shall not be
changed by action of either party | 32 |
| without the consent of the other but a
party may so consent | 33 |
| without prejudice to his rights or position under
this Act. The | 34 |
| proceedings are deemed to be pending before the arbitration
| 35 |
| panel upon the initiation of arbitration procedures under this | 36 |
| Act.
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| (m) Security officers of public employers, and Peace | 2 |
| Officers, Fire
Fighters and fire department and fire protection | 3 |
| district paramedics,
covered by this Section may not withhold | 4 |
| services, nor may public employers
lock out or prevent such | 5 |
| employees from performing services at any time.
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| (n) All of the terms decided upon by the arbitration panel | 7 |
| shall be included
in an agreement to be submitted to the public | 8 |
| employer's governing body
for ratification and adoption by law, | 9 |
| ordinance or the equivalent
appropriate means.
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| The governing body shall review each term decided by the | 11 |
| arbitration panel.
If the governing body fails to reject one or | 12 |
| more terms of the
arbitration panel's decision by a 3/5 vote of | 13 |
| those duly elected and
qualified members of the governing body, | 14 |
| within 20 days of issuance, or
in the case of firefighters | 15 |
| employed by a state university, at the next
regularly scheduled | 16 |
| meeting of the governing body after issuance, such
term or | 17 |
| terms shall become a part of the collective bargaining | 18 |
| agreement of
the parties. If the governing body affirmatively | 19 |
| rejects one or more terms
of the arbitration panel's decision, | 20 |
| it must provide reasons for such
rejection with respect to each | 21 |
| term so rejected, within 20 days of such
rejection and the | 22 |
| parties shall return to the arbitration panel
for further | 23 |
| proceedings and issuance of a supplemental decision with | 24 |
| respect
to the rejected terms. Any supplemental decision by an | 25 |
| arbitration panel
or other decision maker agreed to by the | 26 |
| parties shall be submitted to
the governing body for | 27 |
| ratification and adoption in accordance with the
procedures and | 28 |
| voting requirements set forth in this Section.
The voting | 29 |
| requirements of this subsection shall apply to all disputes
| 30 |
| submitted to arbitration pursuant to this Section | 31 |
| notwithstanding any
contrary voting requirements contained in | 32 |
| any existing collective
bargaining agreement between the | 33 |
| parties.
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| (o) If the governing body of the employer votes to reject | 35 |
| the panel's
decision, the parties shall return to the panel | 36 |
| within 30 days from the
issuance of the reasons for rejection |
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| for further proceedings and issuance
of a supplemental | 2 |
| decision. All reasonable costs of such supplemental
proceeding | 3 |
| including the exclusive representative's reasonable attorney's
| 4 |
| fees, as established by the Board, shall be paid by the | 5 |
| employer.
| 6 |
| (p) Notwithstanding the provisions of this Section the | 7 |
| employer and
exclusive representative may agree to submit | 8 |
| unresolved disputes concerning
wages, hours, terms and | 9 |
| conditions of employment to an alternative form of
impasse | 10 |
| resolution.
| 11 |
| (Source: P.A. 89-195, eff. 7-21-95; 90-202, eff. 7-24-97; | 12 |
| 90-385, eff.
8-15-97; 90-655, eff. 7-30-98.)
| 13 |
| Section 10. The Illinois Municipal Code is amended by | 14 |
| changing Sections 10-1-18 and 10-2.1-17 as follows:
| 15 |
| (65 ILCS 5/10-1-18) (from Ch. 24, par. 10-1-18)
| 16 |
| Sec. 10-1-18. (a) Except as hereinafter provided in this | 17 |
| Section, no officer
or employee in the classified civil service | 18 |
| of any municipality who is
appointed under the rules and after | 19 |
| examination, may be removed or discharged,
or suspended for a | 20 |
| period of more than 30 days, except for cause upon
written | 21 |
| charges and after an opportunity to be heard in his own | 22 |
| defense.
The hearing shall be as hereinafter provided, unless | 23 |
| the employer and the
labor organization representing the person | 24 |
| have negotiated an alternative or
supplemental form of due | 25 |
| process based upon impartial arbitration as a term of
a | 26 |
| collective bargaining agreement. In non-home rule units of | 27 |
| government, such
bargaining shall be permissive rather than | 28 |
| mandatory unless such contract term
was negotiated by the | 29 |
| employer and the labor organization prior to or at the
time of | 30 |
| the effective date of this amendatory Act, in which case such
| 31 |
| bargaining shall be considered mandatory.
| 32 |
| Such charges shall be investigated by or before the civil
| 33 |
| service commission, or by or before some officer or board | 34 |
| appointed by the
commission to conduct that investigation. The |
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| finding and decision of that
commission or investigating | 2 |
| officer or board, when approved by the commission,
shall be | 3 |
| certified to the appointing officer, and shall forthwith be | 4 |
| enforced
by that officer. Before any officer or employee in
the | 5 |
| classified service of any municipality may be interrogated or | 6 |
| examined
by or before any disciplinary board, or departmental | 7 |
| agent or investigator,
the results of which hearing, | 8 |
| interrogation or examination may be the basis
for filing | 9 |
| charges seeking his removal or discharge, he must be advised in
| 10 |
| writing as to what specific improper or illegal act he is | 11 |
| alleged to have
committed; he must be advised in writing that | 12 |
| his admissions made in the
course of the hearing, interrogation | 13 |
| or examination may be used as the
basis for charges seeking his | 14 |
| removal or discharge; and he must be advised
in writing that he | 15 |
| has the right to counsel of his own choosing present to
advise | 16 |
| him at any hearing, interrogation or examination; and a | 17 |
| complete
record of any hearing, interrogation or examination | 18 |
| shall be made and a
complete transcript thereof made available | 19 |
| to such officer or employee
without charge and without delay. | 20 |
| Nothing in this Division 1 limits the
power of any officer to | 21 |
| suspend a subordinate for a reasonable period, not
exceeding 30 | 22 |
| days except that any employee or officer suspended for more
| 23 |
| than 5 days or suspended within 6 months after a previous | 24 |
| suspension shall
be entitled, upon request, to a hearing before | 25 |
| the civil service commission
concerning the propriety of such | 26 |
| suspension. In the course of an
investigation of charges, each | 27 |
| member of the commission, and of any board
so appointed by it, | 28 |
| and any officer so appointed, may administer oaths and
may | 29 |
| secure by its subpoena both the attendance and testimony of | 30 |
| witnesses,
and the production of books and papers relevant to | 31 |
| the investigation.
Nothing in this Section shall be construed | 32 |
| to require such charges or
investigation in cases of persons | 33 |
| having the custody of public money for
the safe keeping of | 34 |
| which another person has given bonds.
| 35 |
| This subsection (a) does not apply to police or | 36 |
| firefighters in the
classified civil service of a municipality |
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| of 500,000 or fewer inhabitants.
| 2 |
| (b) No officer or employee of a police or fire department | 3 |
| in the classified
civil service of any municipality having | 4 |
| 500,000 or fewer inhabitants who is
appointed under the rules | 5 |
| and after examination, may be removed or discharged,
or | 6 |
| suspended for a period of more than 5 calendar days, except for | 7 |
| cause upon
written charges and after an opportunity to be heard | 8 |
| in his own defense.
The hearing shall be as hereinafter | 9 |
| provided, unless the employer and the
labor organization | 10 |
| representing the person have negotiated an alternative or
| 11 |
| supplemental form of due process based upon impartial | 12 |
| arbitration as a term of
a collective bargaining agreement. In | 13 |
| non-home rule units of government, such
bargaining shall be | 14 |
| permissive rather than mandatory unless such contract term
was | 15 |
| negotiated by the employer and the labor organization prior to | 16 |
| or at the
time of the effective date of this amendatory Act, in | 17 |
| which case such
bargaining shall be considered mandatory.
| 18 |
| Such charges shall be investigated by or before the civil | 19 |
| service
commission, or by or before some officer or board | 20 |
| appointed by the
commission to conduct that investigation. The | 21 |
| finding and decision of that
commission or investigating | 22 |
| officer or board, when approved by the
commission, shall be | 23 |
| certified to the appointing officer, and shall
forthwith be | 24 |
| enforced by that officer. Before any such officer or employee
| 25 |
| of a police or fire department may be interrogated or examined
| 26 |
| by or before any disciplinary board, or departmental agent or | 27 |
| investigator,
the results of which hearing, interrogation or | 28 |
| examination may be the basis
for filing charges seeking his | 29 |
| removal or discharge, he must be advised in
writing as to what | 30 |
| specific improper or illegal act he is alleged to have
| 31 |
| committed; he must be advised in writing that his admissions | 32 |
| made in the
course of the hearing, interrogation or examination | 33 |
| may be used as the
basis for charges seeking his removal or | 34 |
| discharge; and he must be advised
in writing that he has the | 35 |
| right to have counsel of his own choosing present to
advise him | 36 |
| at any hearing, interrogation or examination; and a complete
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| record of any hearing, interrogation or examination shall be | 2 |
| made and a
complete transcript thereof made available to such | 3 |
| officer or employee
without charge and without delay. Nothing | 4 |
| in this Division 1 limits the
power of the chief officer of a | 5 |
| police or fire department to suspend a
subordinate for a | 6 |
| reasonable period, not exceeding 5 calendar days, provided
the | 7 |
| civil service commission is promptly notified thereof in | 8 |
| writing. Any
employee or officer so suspended shall be | 9 |
| entitled, upon request, to a hearing
before the civil service | 10 |
| commission concerning the propriety of such
suspension. Upon | 11 |
| such hearing, the commission may sustain the action of the
| 12 |
| chief of the department, may reverse it with instructions that | 13 |
| the person
receive his pay for the period involved, or may | 14 |
| suspend the person for an
additional period of not more than 30 | 15 |
| days or discharge him, depending upon the
facts presented. In | 16 |
| the course of an investigation of charges, each member of
the | 17 |
| commission, and of any board so appointed by it, and any | 18 |
| officer so
appointed, may administer oaths and may secure by | 19 |
| its subpoena both the
attendance and testimony of witnesses, | 20 |
| and the production of books and papers
relevant to the | 21 |
| investigation. If the charge is based upon an allegation of the
| 22 |
| use of unreasonable force by a police officer, the charge must | 23 |
| be brought
within 5 years after the commission of the act upon | 24 |
| which the charge is based.
The statute of limitations | 25 |
| established in this Section 10-1-18(b) shall apply
only to acts | 26 |
| of unreasonable force occurring on or after the effective date | 27 |
| of
this amendatory Act of 1992.
| 28 |
| (c) Whenever the corporate authorities of any municipality | 29 |
| in which this
Division 1 is in operation, designates by | 30 |
| ordinance or whenever any general law
of this state designates | 31 |
| any specific age of not less than 63 years as the
maximum age | 32 |
| for legal employment of policemen or firemen in the service of | 33 |
| any
municipality which has adopted or shall adopt this Division | 34 |
| 1 or designates any
minimum age for the automatic or compulsory | 35 |
| retirement of policemen or firemen
in the service of that | 36 |
| municipality, any such policeman or fireman to whom such
|
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| ordinance or law may refer or apply upon attaining the | 2 |
| designated age of 63
years or upwards as set out in the | 3 |
| ordinance or law shall forthwith and
immediately be retired | 4 |
| from the service of that municipality in accordance with
the | 5 |
| terms or provisions of that ordinance or law. The civil service | 6 |
| commission
of the municipality shall discharge or retire | 7 |
| automatically any policeman or
fireman in the classified civil | 8 |
| service of the municipality at the time and in
the manner | 9 |
| provided in that ordinance or law and certify the retirement or
| 10 |
| discharge to the proper branch or department head. In the case | 11 |
| of any such
policeman or fireman who has filed an application | 12 |
| for appointment in the
classified civil service of the | 13 |
| municipality, the age stated in that
application shall be | 14 |
| conclusive evidence against that policeman or fireman of
his | 15 |
| age, but the civil service commission (except as respects | 16 |
| police department
officers and employees in municipalities of | 17 |
| more than 500,000 population where
the Police Board shall | 18 |
| exercise these powers as provided in Section 10-1-18.1)
may | 19 |
| hear testimony and consider all evidence available in any case | 20 |
| in which any
charge is filed against any such policeman or | 21 |
| fireman alleging that he
understated his age in his application | 22 |
| for appointment into the classified
civil service of the | 23 |
| municipality.
| 24 |
| In addition to all the other powers now granted by law, the | 25 |
| corporate
authorities of any municipality which has adopted or | 26 |
| shall adopt this
Division 1 may by ordinance provide an age | 27 |
| limit of not less than 63 years
as the maximum age for the | 28 |
| legal employment of any person employed as a
policeman or | 29 |
| fireman under this Division 1, and may provide in that
| 30 |
| ordinance for the automatic or compulsory retirement and | 31 |
| discharge of the
policeman or fireman upon his attainment of | 32 |
| the designated retirement age.
| 33 |
| This Section does not apply to the suspension, removal or | 34 |
| discharge of
officers and civilian employees of the police | 35 |
| department in the classified
civil service of a municipality of | 36 |
| more than 500,000 but that disciplinary
action may be taken by |
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| the Police Board, rather than the civil service
commission, as | 2 |
| provided in Section 10-1-18.1.
| 3 |
| (d) Commencing on January 1, 1993, each board or other | 4 |
| entity
responsible for determining whether or not to file a | 5 |
| charge shall, no later
than December 31 of each year, publish a | 6 |
| status report on its
investigations of allegations of | 7 |
| unreasonable force. At a minimum, the
status report shall | 8 |
| include the following information:
| 9 |
| (1) the number of police officers against whom an | 10 |
| allegation of
unreasonable force was made;
| 11 |
| (2) the number of allegations of unreasonable force | 12 |
| made against each
such police officer;
| 13 |
| (3) the number of police officers against whom | 14 |
| disciplinary charges
were filed on the basis of allegations | 15 |
| of unreasonable force;
| 16 |
| (4) a listing of investigations of allegations of | 17 |
| unreasonable force
pending as of the date of the report, | 18 |
| together with the dates on which such
allegations were | 19 |
| made; and
| 20 |
| (5) a listing of allegations of unreasonable force for | 21 |
| which the board
has determined not to file charges.
| 22 |
| These status reports shall not disclose the identity of any | 23 |
| witness or
victim, nor shall they disclose the identity of | 24 |
| any police officer who is
the subject of an allegation of | 25 |
| unreasonable force against whom a charge
has not been | 26 |
| filed. The information underlying these status reports | 27 |
| shall
be confidential and exempt from public inspection and | 28 |
| copying, as provided
under Section 7 of the Freedom of | 29 |
| Information Act.
| 30 |
| (Source: P.A. 91-650, eff. 11-30-99.)
| 31 |
| (65 ILCS 5/10-2.1-17) (from Ch. 24, par. 10-2.1-17)
| 32 |
| Sec. 10-2.1-17. Removal or discharge; investigation of | 33 |
| charges;
retirement. Except as hereinafter provided, no | 34 |
| officer or member of the fire
or police department of any | 35 |
| municipality subject to this Division 2.1 shall be
removed or |
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| discharged except for cause, upon written charges, and after an
| 2 |
| opportunity to be heard in his or her own defense.
The hearing | 3 |
| shall be as hereinafter provided, unless the employer and the
| 4 |
| labor organization representing the person have negotiated an | 5 |
| alternative or
supplemental form of due process based upon | 6 |
| impartial arbitration as a term of
a collective bargaining | 7 |
| agreement. In non-home rule units of government, such
| 8 |
| bargaining shall be permissive rather than mandatory unless | 9 |
| such contract term
was negotiated by the employer and the labor | 10 |
| organization prior to or at the
time of the effective date of | 11 |
| this amendatory Act, in which case such
bargaining shall be | 12 |
| considered mandatory.
| 13 |
| If the chief of the fire department or the chief of the | 14 |
| police department or
both of them are appointed in the manner | 15 |
| provided by ordinance, they may be
removed or discharged by the | 16 |
| appointing authority. In such case the appointing
authority | 17 |
| shall file with the corporate authorities the reasons for such
| 18 |
| removal or discharge, which removal or discharge shall not | 19 |
| become effective
unless confirmed by a majority vote of the | 20 |
| corporate authorities. The board of
fire and police | 21 |
| commissioners shall conduct a fair and impartial hearing of
the | 22 |
| charges, to be commenced within 30 days of the filing thereof, | 23 |
| which
hearing may be continued from time to time. In case an | 24 |
| officer or member
is found guilty, the board may discharge him, | 25 |
| or may suspend him not
exceeding 30 days without pay. The board | 26 |
| may suspend any officer or
member pending the hearing with or | 27 |
| without pay, but not to exceed 30
days. If the Board of Fire | 28 |
| and Police Commissioners determines that the
charges are not | 29 |
| sustained, the officer or member shall be reimbursed for
all | 30 |
| wages withheld, if any. In the conduct of this hearing, each | 31 |
| member
of the board shall have power to administer oaths and | 32 |
| affirmations, and
the board shall have power to secure by its | 33 |
| subpoena both the attendance
and testimony of witnesses and the | 34 |
| production of books and papers
relevant to the hearing.
| 35 |
| The age for retirement of policemen or firemen in the | 36 |
| service of any
municipality which adopts this Division 2.1 is |
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| 65 years, unless the
Council or Board of Trustees shall by | 2 |
| ordinance provide for an earlier
retirement age of not less | 3 |
| than 60 years.
| 4 |
| The provisions of the Administrative Review Law, and all | 5 |
| amendments and
modifications thereof, and the rules
adopted | 6 |
| pursuant thereto, shall apply to and govern all proceedings for
| 7 |
| the judicial review of final administrative decisions of the | 8 |
| board of
fire and police commissioners hereunder. The term | 9 |
| "administrative
decision" is defined as in Section 3-101 of the | 10 |
| Code of Civil Procedure.
| 11 |
| Nothing in this Section shall be construed to prevent the | 12 |
| chief of
the fire department or the chief of the police | 13 |
| department from
suspending without pay a member of his | 14 |
| department for a period of not
more than 5 calendar days, but | 15 |
| he shall notify the board in writing of such
suspension.
The | 16 |
| hearing shall be as hereinafter provided, unless the employer | 17 |
| and the
labor organization representing the person have | 18 |
| negotiated an alternative or
supplemental form of due process | 19 |
| based upon impartial arbitration as a term of
a collective | 20 |
| bargaining agreement. In non-home rule units of government, | 21 |
| such
bargaining shall be permissive rather than mandatory | 22 |
| unless such contract term
was negotiated by the employer and | 23 |
| the labor organization prior to or at the
time of the effective | 24 |
| date of this amendatory Act, in which case such
bargaining | 25 |
| shall be considered mandatory.
| 26 |
| Any policeman or fireman so suspended may appeal to the | 27 |
| board of fire and
police commissioners for a review of the | 28 |
| suspension within 5 calendar days
after such suspension, and | 29 |
| upon such appeal, the board may sustain the action
of the chief | 30 |
| of the department, may reverse it with instructions that the | 31 |
| man
receive his pay for the period involved, or may suspend the | 32 |
| officer for an
additional period of not more than 30 days or | 33 |
| discharge him, depending upon
the facts presented.
| 34 |
| (Source: P.A. 91-650, eff. 11-30-99.)
| 35 |
| Section 99. Effective date. This Act takes effect upon |
|
|
|
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| becoming law.
|
|