Full Text of SB2613 98th General Assembly
SB2613 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB2613 Introduced 10/30/2013, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED: |
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55 ILCS 5/3-7002 | from Ch. 34, par. 3-7002 |
55 ILCS 5/3-7003 | from Ch. 34, par. 3-7003 |
55 ILCS 5/3-7005 | from Ch. 34, par. 3-7005 |
55 ILCS 5/3-7006 | from Ch. 34, par. 3-7006 |
55 ILCS 5/3-7011 | from Ch. 34, par. 3-7011 |
55 ILCS 5/3-7012 | from Ch. 34, par. 3-7012 |
55 ILCS 5/3-7013 | from Ch. 34, par. 3-7013 |
55 ILCS 5/3-7007 rep. | |
55 ILCS 5/3-7008 rep. | |
55 ILCS 5/3-7009 rep. | |
55 ILCS 5/3-7010 rep. | |
55 ILCS 5/3-7016 rep. | |
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Amends the Counties Code. Provides that members appointed to the Cook County Sheriff's Merit Board on or after the effective date of this amendatory Act must be licensed attorneys. Requires that members of the Board may not receive a pension for service on the Board. Provides that members of the Board may not receive health care benefits for service on the Board unless they contribute to the health care premium associated with Cook County. Provides that each member of the Board shall receive no more than $15,000 in annual compensation (now $20,000), and that the Chairman shall receive no more than $20,000 in annual compensation (now $30,000). Limits the powers of the Board to only those functions related to discipline of non-exempt sworn officers. Provides that the Sheriff may not prescribe disciplinary measures that exceed 30 days without a hearing. Provides that no disciplinary action or decision shall be taken against a sworn officer on the basis of political reasons.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by changing | 5 | | Sections 3-7002, 3-7003, 3-7005, 3-7006, 3-7011, 3-7012, and | 6 | | 3-7013 as follows:
| 7 | | (55 ILCS 5/3-7002) (from Ch. 34, par. 3-7002)
| 8 | | Sec. 3-7002. Cook County Sheriff's Merit Board. There is | 9 | | created the
Cook County Sheriff's Merit Board, hereinafter | 10 | | called the Board, consisting
of 7 members appointed by the | 11 | | Sheriff with the advice and consent of
the county
board ; | 12 | | members who are serving on the effective date of this | 13 | | amendatory Act of the 98th General Assembly shall continue to | 14 | | serve for the remainder of their 6-year terms. Members | 15 | | appointed on or after the effective date of this amendatory Act | 16 | | of the 98th General Assembly shall serve at the pleasure of the | 17 | | Sheriff. Each member appointed on or after the effective date | 18 | | of this amendatory Act of the 98th General Assembly shall be an | 19 | | attorney licensed to practice law in Illinois. No , except that | 20 | | on and after the effective date of this amendatory Act of
1997, | 21 | | the Sheriff may appoint 2 additional members, with the advice | 22 | | and
consent of the county board, at his or her discretion. Of | 23 | | the members first
appointed, one shall serve until the third |
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| 1 | | Monday in March, 1965 one until the
third Monday in March, | 2 | | 1967, and one until the third Monday in March, 1969. Of
the 2 | 3 | | additional members first appointed under authority of this | 4 | | amendatory Act
of 1991, one shall serve until the third Monday | 5 | | in March, 1995, and one until
the third Monday in March, 1997.
| 6 | | Of the 2 additional members first appointed under the authority | 7 | | of this
amendatory Act of
the 91st General Assembly, one shall | 8 | | serve until the third Monday in March,
2005 and
one shall serve | 9 | | until the third Monday in March, 2006 .
| 10 | | Upon the expiration of the terms of office of those first | 11 | | appointed (including the 2 additional members first appointed | 12 | | under authority of
this amendatory Act of 1991 and under the | 13 | | authority of this amendatory Act of
the
91st General Assembly) , | 14 | | their respective successors shall be
appointed to hold office | 15 | | from the third Monday in March of the year of
their respective | 16 | | appointments for a term of 6 years and until their
successors | 17 | | are appointed and qualified for a like term. As additional
| 18 | | members are appointed under authority of this amendatory Act of | 19 | | 1997, their
terms shall be set to be staggered consistently | 20 | | with the terms of the existing
Board members. No more than 3
| 21 | | members of the Board shall be affiliated with the same | 22 | | political party,
except that as additional members are | 23 | | appointed by the Sheriff under authority
of this amendatory Act | 24 | | of 1997 and under the authority of this amendatory Act
of the | 25 | | 91st General Assembly, the political affiliation of the Board | 26 | | shall be
such that n o more than one-half of the members plus |
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| 1 | | one additional member may
be affiliated with the same political | 2 | | party. No member shall have held or have
been a candidate for | 3 | | an elective public office within one year preceding his or
her | 4 | | appointment.
| 5 | | The Sheriff may deputize members of the Board.
| 6 | | (Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97; | 7 | | 90-655, eff.
7-30-98; 91-722, eff. 6-2-00.)
| 8 | | (55 ILCS 5/3-7003) (from Ch. 34, par. 3-7003)
| 9 | | Sec. 3-7003. Compensation and expenses of board members. | 10 | | Each
member of the Board shall receive compensation for
each | 11 | | day during which he is engaged in transacting the business of | 12 | | the
Board and, in addition thereto, his actual traveling and | 13 | | other expenses
necessarily incurred in discharging the duties | 14 | | of his office. No member of the Board appointed on or after the | 15 | | effective date of this amendatory Act of the 98th General | 16 | | Assembly shall receive pension benefits for his or her service | 17 | | on the Board. No member of the Board shall receive health care | 18 | | benefits for his or her service on the Board unless he or she | 19 | | contributes to the health care premium associated with Cook | 20 | | County health care benefits. No member of
the Board shall | 21 | | receive compensation of more than $15,000 $25,000 in
any
fiscal | 22 | | year, except that
the Chairman shall receive compensation of no
| 23 | | more than $20,000 $30,000 in any fiscal year. Such compensation | 24 | | expenses shall
be paid by the county.
| 25 | | (Source: P.A. 91-722, eff. 6-2-00.)
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| 1 | | (55 ILCS 5/3-7005) (from Ch. 34, par. 3-7005)
| 2 | | Sec. 3-7005. Meetings. The Board shall name a chairman and | 3 | | a secretary As soon as practicable after the members
of the | 4 | | Board have been appointed, they shall meet, upon the call of | 5 | | the
Sheriff , and shall organize by selecting a chairman and a | 6 | | secretary. The
initial chairman and secretary, and their | 7 | | successors, shall be selected by
the Board from among its | 8 | | members . The chairman and the secretary shall each serve for a | 9 | | term of 2 years or for the remainder
of his or her their term of | 10 | | office as a member of the Board, whichever is the shorter. The
| 11 | | Two members of the Board shall constitute a quorum for
the | 12 | | transaction of
business, except that as additional members are | 13 | | appointed under authority of
this amendatory Act of 1997, the | 14 | | number of members that must be present to
constitute a quorum | 15 | | shall be the number of members that constitute at least 40%
of | 16 | | the Board. The Board shall hold regular quarterly meetings and | 17 | | such other
meetings as may be called by the chairman and shall | 18 | | meet at the call of the Sheriff for the purpose of naming a | 19 | | successor chairman or secretary whenever there is a vacancy in | 20 | | either of those offices .
| 21 | | (Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97; | 22 | | 90-655, eff.
7-30-98.)
| 23 | | (55 ILCS 5/3-7006) (from Ch. 34, par. 3-7006)
| 24 | | Sec. 3-7006. Rules, regulations and procedures; ranks. |
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| 1 | | Pursuant
to recognized merit principles of public employment, | 2 | | the Board shall
formulate, adopt, and put into effect rules, | 3 | | regulations and procedures for
its operation and the | 4 | | transaction of its business. The Board shall
establish a | 5 | | classification of ranks including those positions which shall
| 6 | | be exempt from merit classification. The Board shall establish | 7 | | a
classification of ranks of the deputy sheriffs in the County | 8 | | Police
Department, a classification of all correctional | 9 | | officer employees in the
County Department of Corrections, and | 10 | | a classification of all full-time
deputy sheriffs not employed | 11 | | as county police officers or county
corrections officers and | 12 | | shall set standards and qualifications for each
such rank and | 13 | | employee.
| 14 | | For the purposes of this Division, "full-time" means an | 15 | | average work week
of 40 hours throughout the calendar year.
| 16 | | (Source: P.A. 86-962.)
| 17 | | (55 ILCS 5/3-7011) (from Ch. 34, par. 3-7011)
| 18 | | Sec. 3-7011. Disciplinary measures. The Board has only the | 19 | | following functions: (i) to prescribe disciplinary measures | 20 | | for non-exempt sworn officers; and (ii) to conduct hearings | 21 | | under Section 3-7012. Disciplinary measures
prescribed by the | 22 | | Board may be taken by the sheriff for the
punishment of | 23 | | infractions of the rules and regulations promulgated
by the | 24 | | Board. Such disciplinary measures may include suspension , | 25 | | termination of employment, or other reasonable discipline
of |
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| 1 | | any non-exempt sworn officers. For purposes of this Section, | 2 | | Section 3-7012, and Section 3-7013, "sworn officer" means | 3 | | deputy sheriff , deputy sergeant, deputy lieutenant, | 4 | | corrections officer, corrections sergeant, corrections | 5 | | lieutenant, police officer, police sergeant, police | 6 | | lieutenant, or anyone else hired and promoted by the Sheriff | 7 | | and earning the relevant sworn merit rank. | 8 | | No disciplinary measures shall be prescribed by the Sheriff | 9 | | for a period of more than in the County Police Department, any
| 10 | | full-time deputy sheriff not employed as a county police | 11 | | officer
or county corrections officer and any employee in the | 12 | | County
Department of Corrections for a reasonable period, not | 13 | | exceeding
30 days , without first complying with the provisions | 14 | | of Section 3-7012 hereof.
| 15 | | (Source: P.A. 86-962.)
| 16 | | (55 ILCS 5/3-7012) (from Ch. 34, par. 3-7012)
| 17 | | Sec. 3-7012. Removal, demotion or suspension. Except as is
| 18 | | otherwise provided in this Division, no sworn officer deputy | 19 | | sheriff in
the County Police Department, no full-time deputy | 20 | | sheriff not employed
as a county police officer or county | 21 | | corrections officer and no employee in
the County Department of | 22 | | Corrections shall be removed, demoted or suspended for more | 23 | | than 30 days
except for cause, upon written charges filed with | 24 | | the Board by the Sheriff
and a hearing before the Board thereon | 25 | | upon not less than 10 days' notice
at a place to be designated |
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| 1 | | by the chairman thereof. At such hearing, the
sworn officer | 2 | | accused deputy sheriff shall be afforded full opportunity to be | 3 | | heard in
his or her own defense and to produce proof in his or | 4 | | her defense. The
Board shall have the power to secure by its | 5 | | subpoena both the attendance
and testimony of witnesses and the | 6 | | production of books and papers in
support of the charges and | 7 | | for the defense. The fees of witnesses for
attendance and | 8 | | travel shall be the same as the fees of witnesses before the
| 9 | | circuit courts of this State, and shall be paid in the same | 10 | | manner as other
expenses of the Board. Each member of the Board | 11 | | shall have the power to
administer oaths or affirmations. If | 12 | | the charges against a sworn officer an accused deputy
sheriff | 13 | | are established by a preponderance of evidence, the Board shall
| 14 | | make a finding of guilty and order either removal, demotion, | 15 | | suspension for
a period of not more than 180 days, or such | 16 | | other disciplinary punishment
as may be prescribed by the rules | 17 | | and regulations of the Board which, in
the opinion of the | 18 | | members thereof, the offense merits. Thereupon the
sheriff | 19 | | shall direct such removal or other punishment as ordered by the
| 20 | | Board and if the sworn officer accused deputy sheriff refuses | 21 | | to abide by any such
disciplinary order, the sheriff shall | 22 | | remove him or her forthwith.
| 23 | | In case of the neglect or refusal of any person to obey a | 24 | | subpoena
issued by the Board, any circuit court or a judge | 25 | | thereof, upon application
of any member of the Board, may order | 26 | | such person to appear before the
Board and give testimony or |
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| 1 | | produce evidence, and any failure to obey such
order is | 2 | | punishable by the court as a contempt thereof.
| 3 | | The provisions of the Administrative Review Law,
and all | 4 | | amendments and modifications thereof, and the rules adopted
| 5 | | pursuant thereto, shall apply to and govern all proceedings for | 6 | | the
judicial review of any order of the Board rendered pursuant | 7 | | to the
provisions of this Section.
| 8 | | (Source: P.A. 86-962.)
| 9 | | (55 ILCS 5/3-7013) (from Ch. 34, par. 3-7013)
| 10 | | Sec. 3-7013. Political activities. No disciplinary action | 11 | | or decision shall be taken against a sworn officer by the | 12 | | Sheriff or the Board on the basis of political reasons or | 13 | | factors. No deputy sheriff in the County
Police Department and | 14 | | no employee in the County Department of Corrections
shall | 15 | | participate in any manner in the activities or interests of any
| 16 | | political party or of any candidate for public office or for | 17 | | the nomination
therefor, nor participate in any manner in any | 18 | | political campaign for the
nomination or election of candidates | 19 | | for public office. Violation of any
provision hereof shall be | 20 | | cause for removal of any deputy sheriff or
employee so | 21 | | offending. Nothing contained herein shall be deemed to
| 22 | | interfere with the right of any person to vote for any | 23 | | candidate and upon
any issue as his reason and conscience may | 24 | | dictate.
| 25 | | (Source: P.A. 86-962.)
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| 1 | | (55 ILCS 5/3-7007 rep.)
| 2 | | (55 ILCS 5/3-7008 rep.)
| 3 | | (55 ILCS 5/3-7009 rep.)
| 4 | | (55 ILCS 5/3-7010 rep.)
| 5 | | (55 ILCS 5/3-7016 rep.)
| 6 | | Section 10. The Counties Code is amended by repealing | 7 | | Sections 3-7007, 3-7008, 3-7009, 3-7010, and 3-7016.
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