Full Text of HB3736 094th General Assembly
HB3736 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB3736
Introduced 2/24/2005, by Rep. Larry McKeon SYNOPSIS AS INTRODUCED: |
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50 ILCS 725/2 |
from Ch. 85, par. 2552 |
65 ILCS 5/10-2.1-17 |
from Ch. 24, par. 10-2.1-17 |
55 ILCS 5/3-8014 |
from Ch. 34, par. 3-8014 |
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Amends the Uniform Peace Officers' Disciplinary Act. Changes the definition of "interrogation" to include the questioning of an officer during an informal inquiry. Amends the Board of Fire and Police Commissioners Act and the Sheriff's Merit Commission Act. Provides that certain Sections of those Acts shall not be construed to limit or prohibit any municipality, subject to the Illinois Public Labor Relations Act, from bargaining collectively over discipline and discharge procedures that are not consistent with other provisions of those Act, including arbitration procedures for the appeal of decisions of the Board of Fire and Police Commissioners and the Sheriff's Merit Commission. Effective immediately.
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A BILL FOR
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HB3736 |
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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 Uniform Peace Officers' Disciplinary Act is | 5 |
| amended by changing Section 2 as follows:
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| (50 ILCS 725/2) (from Ch. 85, par. 2552)
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| Sec. 2. For the purposes of this Act, unless clearly | 8 |
| required otherwise,
the terms defined in this Section have the | 9 |
| meaning ascribed herein:
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| (a) "Officer" means any peace officer, as defined by | 11 |
| Section 2-13 of the
Criminal Code of 1961, as now or hereafter | 12 |
| amended, who is employed by
any unit of local government or a | 13 |
| State college or university, including
supervisory and command | 14 |
| personnel,
and any pay-grade investigator for the Secretary of | 15 |
| State as
defined in Section 14-110 of the Illinois Pension | 16 |
| Code, not including
Secretary of State sergeants, lieutenants, | 17 |
| commanders or investigator
trainees. The term does not include | 18 |
| crossing guards, parking enforcement
personnel, traffic | 19 |
| wardens or employees of any State's Attorney's office.
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| (b) "Informal inquiry" means a meeting by supervisory or | 21 |
| command personnel
with an officer upon whom an allegation of | 22 |
| misconduct has come to the attention
of such supervisory or | 23 |
| command personnel, the purpose of which meeting is
to mediate a | 24 |
| citizen complaint or discuss the facts to determine whether
a | 25 |
| formal investigation should be commenced.
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| (c) "Formal investigation" means the process of | 27 |
| investigation ordered
by a commanding officer during which the | 28 |
| questioning of an officer is intended
to gather evidence of | 29 |
| misconduct which may be the basis for filing charges
seeking | 30 |
| his or her removal, discharge or suspension in excess of 3 | 31 |
| days.
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| (d) "Interrogation" means the questioning of an officer |
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| during an informal inquiry or pursuant to
the formal | 2 |
| investigation procedures of the respective State agency or | 3 |
| local
governmental unit in connection with an alleged violation | 4 |
| of such agency's
or unit's rules which may be the basis for | 5 |
| filing charges seeking his or
her suspension, removal, or | 6 |
| discharge. The term does not include
questioning (1) as part of | 7 |
| an informal inquiry or (2) relating to minor
infractions of | 8 |
| agency rules which may be noted on the officer's record but
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| which may not in themselves result in removal, discharge or | 10 |
| suspension in
excess of 3 days .
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| (e) "Administrative proceeding" means any non-judicial | 12 |
| hearing which is
authorized to recommend, approve or order the | 13 |
| suspension, removal, or
discharge of an officer.
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| (Source: P.A. 90-577, eff. 1-1-99.)
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| Section 10. The Illinois Municipal Code is amended by | 16 |
| 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 | 19 |
| charges;
retirement. Except as hereinafter provided, no | 20 |
| officer or member of the fire
or police department of any | 21 |
| municipality subject to this Division 2.1 shall be
removed or | 22 |
| 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 | 24 |
| be as hereinafter provided, unless the employer and the
labor | 25 |
| organization representing the person have negotiated an | 26 |
| alternative or
supplemental form of due process based upon | 27 |
| impartial arbitration as a term of
a collective bargaining | 28 |
| agreement. In non-home rule units of government, such
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| bargaining shall be permissive rather than mandatory unless | 30 |
| such contract term
was negotiated by the employer and the labor | 31 |
| organization prior to or at the
time of the effective date of | 32 |
| this amendatory Act, in which case such
bargaining shall be | 33 |
| considered mandatory.
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| If the chief of the fire department or the chief of the |
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| police department or
both of them are appointed in the manner | 2 |
| provided by ordinance, they may be
removed or discharged by the | 3 |
| appointing authority. In such case the appointing
authority | 4 |
| shall file with the corporate authorities the reasons for such
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| removal or discharge, which removal or discharge shall not | 6 |
| become effective
unless confirmed by a majority vote of the | 7 |
| corporate authorities. The board of
fire and police | 8 |
| commissioners shall conduct a fair and impartial hearing of
the | 9 |
| charges, to be commenced within 30 days of the filing thereof, | 10 |
| which
hearing may be continued from time to time. In case an | 11 |
| officer or member
is found guilty, the board may discharge him, | 12 |
| or may suspend him not
exceeding 30 days without pay. The board | 13 |
| may suspend any officer or
member pending the hearing with or | 14 |
| without pay, but not to exceed 30
days. If the Board of Fire | 15 |
| and Police Commissioners determines that the
charges are not | 16 |
| sustained, the officer or member shall be reimbursed for
all | 17 |
| wages withheld, if any. In the conduct of this hearing, each | 18 |
| member
of the board shall have power to administer oaths and | 19 |
| affirmations, and
the board shall have power to secure by its | 20 |
| subpoena both the attendance
and testimony of witnesses and the | 21 |
| production of books and papers
relevant to the hearing.
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| The age for retirement of policemen or firemen in the | 23 |
| service of any
municipality which adopts this Division 2.1 is | 24 |
| 65 years, unless the
Council or Board of Trustees shall by | 25 |
| ordinance provide for an earlier
retirement age of not less | 26 |
| than 60 years.
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| The provisions of the Administrative Review Law, and all | 28 |
| amendments and
modifications thereof, and the rules
adopted | 29 |
| pursuant thereto, shall apply to and govern all proceedings for
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| the judicial review of final administrative decisions of the | 31 |
| board of
fire and police commissioners hereunder. The term | 32 |
| "administrative
decision" is defined as in Section 3-101 of the | 33 |
| Code of Civil Procedure.
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| Nothing in this Section shall be construed to limit or | 35 |
| prohibit any municipality, subject to the Illinois Public Labor | 36 |
| Relations Act, from bargaining collectively over discipline |
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| and discharge procedures that are not consistent with this Act, | 2 |
| including arbitration procedures for the appeal of board | 3 |
| decisions.
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| Nothing in this Section shall be construed to prevent the | 5 |
| chief of
the fire department or the chief of the police | 6 |
| department from
suspending without pay a member of his | 7 |
| department for a period of not
more than 5 calendar days, but | 8 |
| he shall notify the board in writing of such
suspension.
The | 9 |
| hearing shall be as hereinafter provided, unless the employer | 10 |
| and the
labor organization representing the person have | 11 |
| negotiated an alternative or
supplemental form of due process | 12 |
| based upon impartial arbitration as a term of
a collective | 13 |
| bargaining agreement. In non-home rule units of government, | 14 |
| such
bargaining shall be permissive rather than mandatory | 15 |
| unless such contract term
was negotiated by the employer and | 16 |
| the labor organization prior to or at the
time of the effective | 17 |
| date of this amendatory Act, in which case such
bargaining | 18 |
| shall be considered mandatory.
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| Any policeman or fireman so suspended may appeal to the | 20 |
| board of fire and
police commissioners for a review of the | 21 |
| suspension within 5 calendar days
after such suspension, and | 22 |
| upon such appeal, the board may sustain the action
of the chief | 23 |
| of the department, may reverse it with instructions that the | 24 |
| man
receive his pay for the period involved, or may suspend the | 25 |
| officer for an
additional period of not more than 30 days or | 26 |
| discharge him, depending upon
the facts presented.
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| (Source: P.A. 91-650, eff. 11-30-99.)
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| Section 15. The Counties Code is amended by changing | 29 |
| Section 3-8014 as follows:
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| (55 ILCS 5/3-8014) (from Ch. 34, par. 3-8014)
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| Sec. 3-8014. Removal, demotion or suspension. Except as is | 32 |
| otherwise
provided in this Division, no certified person shall | 33 |
| be removed, demoted or
suspended except for cause, upon written | 34 |
| charges filed with the Merit
Commission by the sheriff. Upon |
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| the filing of such a petition, the sheriff
may suspend the | 2 |
| certified person pending the decision of the Commission on
the | 3 |
| charges. After the charges have been heard, the Commission may | 4 |
| direct
that the person receive his pay for any part or all of | 5 |
| this suspension
period, if any.
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| The charges shall be heard by the Commission upon not less
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| than 14 days' certified notice. At such hearing, the accused | 8 |
| certified
person shall be afforded full opportunity to be | 9 |
| represented by
counsel, to be heard in his own defense and to | 10 |
| produce proof
in his defense. Both the Commission and the | 11 |
| sheriff may be
represented by counsel. The State's Attorney of | 12 |
| the applicable
county may advise either the Commission or the | 13 |
| sheriff. The
other party may engage private counsel to advise | 14 |
| it.
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| The Commission shall have the power to secure by
its | 16 |
| subpoena both the attendance and testimony of witnesses
and the | 17 |
| production of books and papers in support of the charges
and | 18 |
| for the defense. Each member of the Commission shall have
the | 19 |
| power to administer oaths.
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| If the charges against an accused person are established
by | 21 |
| the preponderance of evidence, the Commission shall
make a | 22 |
| finding of guilty and order either removal, demotion, loss
of | 23 |
| seniority, suspension for a period of not more than 180 days,
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| or such other disciplinary punishment as may be prescribed by | 25 |
| the
rules and regulations of the Commission which, in the | 26 |
| opinion
of the members thereof, the offense justifies. If the | 27 |
| charges against
an accused person are not established by the | 28 |
| preponderance of
evidence, the Commission shall make a finding | 29 |
| of not guilty and
shall order that the person be reinstated and | 30 |
| be paid his
compensation for the suspension period, if any, | 31 |
| while awaiting
the hearing. The sheriff shall take such action | 32 |
| as may be ordered
by the Commission.
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| The provisions of the Administrative Review Law, and all | 34 |
| amendments and
modifications thereof, and the rules adopted | 35 |
| pursuant thereto, shall apply
to and govern all proceedings for | 36 |
| the judicial review of any order of the
Commission rendered |
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| pursuant to this Section. The plaintiff shall pay the
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| reasonable cost of preparing and certifying the record for | 3 |
| judicial review.
However, if the plaintiff prevails in the | 4 |
| judicial review proceeding, the
court shall award to the | 5 |
| plaintiff a sum equal to the costs paid by the
plaintiff to | 6 |
| have the record for judicial review prepared and certified. | 7 |
| Nothing in this Section shall be construed to limit or prohibit | 8 |
| any public employer, subject to the Illinois Public Labor | 9 |
| Relations Act, from bargaining collectively over discipline | 10 |
| and discharge procedures that are not consistent with this Act, | 11 |
| including arbitration procedures for the appeal of Commission | 12 |
| orders rendered pursuant to this Section.
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| (Source: P.A. 86-962.)
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| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.
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