Full Text of HB4728 100th General Assembly
HB4728 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4728 Introduced , by Rep. Thomas Morrison SYNOPSIS AS INTRODUCED: |
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20 ILCS 415/11 | from Ch. 127, par. 63b111 |
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Amends the Personnel Code. In a Section concerning disciplinary hearings, provides that, if the finding and decision of the Civil Service Commission is to remand the matter for the purpose of taking additional evidence or soliciting additional argument or for any other reason that will assist the Civil Service Commission in rendering its decision, that finding shall be rendered within 60 days after the receipt of the transcript of
the proceedings. Provides that, if the finding and decision of the Civil Service Commission is a tie vote of the commissioners, then the finding of the officer or board appointed by the Civil Service Commission to conduct the investigation shall become the finding and decision of the Civil Service Commission. Effective immediately.
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| | A BILL FOR |
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| | | HB4728 | | LRB100 18777 HLH 34013 b |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 17 | | Commission shall grant a hearing within 30 days. The time
and | 18 | | place of the hearing shall be fixed by the Commission, and due | 19 | | notice
thereof given the appointing officer and the employee. | 20 | | The hearing shall
be public, and the officer or employee is | 21 | | entitled to call witnesses
in his own defense and to have the | 22 | | aid of counsel. The finding and decision
of the Commission, or | 23 | | the approval by the Commission of the finding and
decision of |
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| 1 | | the officer or board appointed by it to conduct such | 2 | | investigation,
or a finding and decision of the Commission to | 3 | | remand the matter for the purpose of taking additional evidence | 4 | | or soliciting additional argument or for any other reason that | 5 | | will assist the Commission in rendering its decision, shall be | 6 | | rendered within 60 days after the receipt of the transcript of
| 7 | | the proceedings. If the finding and decision is not rendered | 8 | | within 60
days after receipt of the transcript of the | 9 | | proceedings, the employee shall
be considered to be reinstated | 10 | | and shall receive full compensation for the
period for which he | 11 | | was suspended. If the finding and decision of the Commission is | 12 | | a tie vote of the commissioners, then the finding of the | 13 | | officer or board appointed by it to conduct such an | 14 | | investigation shall become the finding and decision of the | 15 | | Commission. The finding and decision of the Commission
or | 16 | | officer or board appointed by it to conduct investigation, when | 17 | | approved
by the Commission, shall be certified to the Director, | 18 | | and shall be forthwith
enforced by the Director. In making its | 19 | | finding and decision, or in approving
the finding and decision | 20 | | of some officer or board appointed by it to conduct
such | 21 | | investigation, the Civil Service Commission may, for | 22 | | disciplinary
purposes, suspend an employee for a period of time | 23 | | not to exceed 90 days,
and in no event to exceed a period of 120 | 24 | | days from the date of any
suspension of such employee, pending | 25 | | investigation of such charges. If the
Commission certifies a | 26 | | decision that an officer or employee is to be
retained in his |
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| 1 | | position and if it does not order a suspension for
disciplinary | 2 | | purposes, the officer or employee shall receive full
| 3 | | compensation for any period during which he was suspended | 4 | | pending the
investigation of the charges.
| 5 | | Nothing in this Section shall limit the authority to | 6 | | suspend an employee
for a reasonable period not exceeding 30 | 7 | | days, in any 12 month period.
| 8 | | Notwithstanding the provisions of this Section, an | 9 | | arbitrator of the
Illinois Workers' Compensation
Commission, | 10 | | appointed pursuant to Section 14 of the Workers'
Compensation | 11 | | Act, may be removed by the Governor upon the recommendation of
| 12 | | the Commission Review Board pursuant to Section 14.1 of such | 13 | | Act.
| 14 | | Notwithstanding the provisions of this Section, a policy | 15 | | making officer
of a State agency, as defined in the Employee | 16 | | Rights Violation Act, shall
be discharged from State employment | 17 | | as provided
in the Employee Rights Violation Act, enacted by | 18 | | the 85th General Assembly.
| 19 | | (Source: P.A. 93-721, eff. 1-1-05 .)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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