Full Text of HB5303 100th General Assembly
HB5303enr 100TH GENERAL ASSEMBLY |
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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, 3-7004, 3-7008, 3-7011, and 3-7012 as follows:
| 6 | | (55 ILCS 5/3-7002) (from Ch. 34, par. 3-7002)
| 7 | | Sec. 3-7002. Cook County Sheriff's Merit Board. There is | 8 | | created the
Cook County Sheriff's Merit Board, hereinafter | 9 | | called the Board, consisting
of not less than 3 and not more | 10 | | than 7 members appointed by the Sheriff with the advice and | 11 | | consent of
three-fifths of the county
board, except that the | 12 | | Sheriff may appoint 2 additional members, with the advice and
| 13 | | consent of three-fifths of the county board, at his or her | 14 | | discretion. Of the members first
appointed, one shall serve | 15 | | until the third Monday in March, 1965 one until the
third | 16 | | Monday in March, 1967, and one until the third Monday in March, | 17 | | 1969. Of
the 2 additional members first appointed under | 18 | | authority of this amendatory Act
of 1991, one shall serve until | 19 | | the third Monday in March, 1995, and one until
the third Monday | 20 | | in March, 1997.
Of the 2 additional members first appointed | 21 | | under the authority of this
amendatory Act of
the 91st General | 22 | | Assembly, one shall serve until the third Monday in March,
2005 | 23 | | and
one shall serve until the third Monday in March, 2006.
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| 1 | | Upon the expiration of the terms of office of those first | 2 | | appointed
(including the 2 additional members first appointed | 3 | | under authority of
this amendatory Act of 1991 and under the | 4 | | authority of this amendatory Act of
the
91st General Assembly), | 5 | | their respective successors shall be
appointed to hold office | 6 | | from the third Monday in March of the year of
their respective | 7 | | appointments for a term of 6 years and until their
successors | 8 | | are appointed and qualified for a like term. As additional
| 9 | | members are appointed under authority of this amendatory Act of | 10 | | 1997, their
terms shall be set to be staggered consistently | 11 | | with the terms of the existing
Board members. | 12 | | Notwithstanding any provision in this Section to the | 13 | | contrary, the term of office of each member of the Board is | 14 | | abolished on the effective date of this amendatory Act of the | 15 | | 100th General Assembly. Of the 7 members first appointed after | 16 | | the effective date of this Act of the 100th General Assembly, 2 | 17 | | shall serve until the third Monday in March 2019, 2 shall serve | 18 | | until the third Monday in March 2021, and 3 members shall serve | 19 | | until the third Monday in March 2023. The terms of the 2 | 20 | | additional members first appointed after the effective date of | 21 | | this Act of the 100th General Assembly shall be staggered | 22 | | consistently with the terms of the other Board members. | 23 | | Successors or reappointments shall be appointed to hold office | 24 | | from the third Monday in March of the year of their respective | 25 | | appointments for a term ending on the third Monday in March of | 26 | | 6 years following the preceding term expiration . Each member of |
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| 1 | | the Board shall hold office until his or her successor is | 2 | | appointed and qualified or the member is reappointed. In all | 3 | | appointments, the county board has the power to approve terms | 4 | | to ensure the Board fulfills its mandate . | 5 | | In the case of a vacancy in the office of a member prior to | 6 | | the conclusion of the member's term, the Sheriff shall, with | 7 | | the advice and consent of three-fifths of the county board, | 8 | | appoint a person to serve for the remainder of the unexpired | 9 | | term. | 10 | | No more than one-half plus one of the 3
members of the | 11 | | Board shall be affiliated with the same political party . | 12 | | Political affiliation is determined, for purposes of this | 13 | | Section, as the political affiliation an appointed member has | 14 | | or does not have at the time the appointment is approved by the | 15 | | county board and shall continue to be so determined until the | 16 | | member discontinues serving on the Board ,
except that as | 17 | | additional members are appointed by the Sheriff, the political | 18 | | affiliation of the Board shall be
such that no more than | 19 | | one-half of the members plus one additional member may
be | 20 | | affiliated with the same political party . No member shall have | 21 | | held or have
been a candidate for an elective public office | 22 | | within one year preceding his or
her appointment.
| 23 | | The Sheriff may deputize members of the Board.
| 24 | | (Source: P.A. 100-562, eff. 12-8-17.)
| 25 | | (55 ILCS 5/3-7004) (from Ch. 34, par. 3-7004)
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| 1 | | Sec. 3-7004. Clerical and technical staff assistants and | 2 | | hearing officers . The Board is
authorized to employ such | 3 | | clerical and technical staff assistants as may be
necessary to | 4 | | enable the Board to transact its business and to fix their
| 5 | | compensation. The Board is authorized to employ hearing | 6 | | officers to conduct hearings under Section 3-7012. Hearing | 7 | | officers employed by the Board shall be qualified to hold the | 8 | | position as determined by the Board. Hearing officers shall be | 9 | | attorneys licensed to practice law in this State.
| 10 | | (Source: P.A. 86-962.)
| 11 | | (55 ILCS 5/3-7008) (from Ch. 34, par. 3-7008)
| 12 | | Sec. 3-7008. Appointments. The appointment of deputy | 13 | | sheriffs in the
Police Department, full-time deputy sheriffs | 14 | | not employed as county police
officers or county corrections | 15 | | officers and of employees in the Department
of Corrections | 16 | | shall be made from those applicants who have been certified
by | 17 | | the Board as being qualified for appointment. Certification for
| 18 | | appointment in one department shall not constitute | 19 | | certification for
appointment in another department. | 20 | | Certification may be made at any point prior to appointment and | 21 | | may be made in conjunction with the Sheriff's application | 22 | | process. All persons so appointed shall, at the
time of their | 23 | | appointment, be not less than 21 years of age, or 20 years of
| 24 | | age and have successfully completed 2 years of law enforcement | 25 | | studies at
an accredited college or university. Any person |
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| 1 | | appointed subsequent to
successful completion of 2 years of | 2 | | such law enforcement studies shall not
have power of arrest, | 3 | | nor shall he or she be permitted to carry firearms,
until he or | 4 | | she reaches 21 years of age. In addition,
all persons so | 5 | | appointed shall be not more than the maximum age limit fixed
by | 6 | | the Board from time to time, be of sound mind and body, be of | 7 | | good moral
character, be citizens of the United States, have | 8 | | not been convicted of a crime
which the Board considers to be | 9 | | detrimental to the applicant's ability to
carry out his or her | 10 | | duties, possess such prerequisites of training, education
and | 11 | | experience as the Board may from time to time prescribe, and | 12 | | shall be
required to pass successfully mental, physical, | 13 | | psychiatric and other tests
and examinations as may be | 14 | | prescribed by the Board. Preference shall be
given in such | 15 | | appointments to persons who have honorably served in the
| 16 | | military or naval services of the United States. Before | 17 | | entering upon his
or her duties, each deputy sheriff in the | 18 | | County Police Department shall
execute a good and sufficient | 19 | | bond, payable to the People of the State of
Illinois, in the | 20 | | penal sum of $1,000 and to the Sheriff of the County where
he | 21 | | or she is employed in the sum of $10,000, conditioned on the | 22 | | faithful
performance of his or her duties. All appointees shall | 23 | | serve a
probationary period of 12 months and during that period | 24 | | may be discharged
at the will of the Sheriff. However, civil | 25 | | service employees of the house
of correction who have certified | 26 | | status at the time of the transfer of the
house of correction |
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| 1 | | to the County Department of Corrections are not subject
to this | 2 | | probationary period, and they shall retain their job titles, | 3 | | such
tenure privileges as are now enjoyed and any subsequent | 4 | | title changes shall
not cause reduction in rank or elimination | 5 | | of positions.
| 6 | | (Source: P.A. 86-962.)
| 7 | | (55 ILCS 5/3-7011) (from Ch. 34, par. 3-7011)
| 8 | | Sec. 3-7011. Disciplinary measures. Disciplinary measures
| 9 | | prescribed by the Board may be taken by the sheriff for the
| 10 | | punishment of infractions of the rules and regulations | 11 | | promulgated
by the Board. Such disciplinary measures may | 12 | | include suspension
of any deputy sheriff in the County Police | 13 | | Department, any
full-time deputy sheriff not employed as a | 14 | | county police officer
or county corrections officer and any | 15 | | employee in the County
Department of Corrections and any other | 16 | | discipline that does not constitute termination or demotion for | 17 | | a reasonable period, not exceeding
30 days, without complying | 18 | | with the provisions of Section 3-7012 hereof.
| 19 | | (Source: P.A. 86-962.)
| 20 | | (55 ILCS 5/3-7012) (from Ch. 34, par. 3-7012)
| 21 | | Sec. 3-7012. Removal, demotion or suspension. Except as is
| 22 | | otherwise provided in this Division, no deputy sheriff in
the | 23 | | County Police Department, no full-time deputy sheriff not | 24 | | employed
as a county police officer or county corrections |
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| 1 | | officer and no employee in
the County Department of Corrections | 2 | | shall be removed, demoted or suspended
except for cause, upon | 3 | | written charges filed with the Board by the Sheriff
and a | 4 | | hearing before the Board thereon upon not less than 10 days' | 5 | | notice
at a place to be designated by the chairman thereof. At | 6 | | such hearing, the
accused deputy sheriff shall be afforded full | 7 | | opportunity to be heard in
his or her own defense and to | 8 | | produce proof in his or her defense. The
Board shall have the | 9 | | power to secure by its subpoena both the attendance
and | 10 | | testimony of witnesses and the production of books and papers | 11 | | in
support of the charges and for the defense. The fees of | 12 | | witnesses for
attendance and travel shall be the same as the | 13 | | fees of witnesses before the
circuit courts of this State, and | 14 | | shall be paid in the same manner as other
expenses of the | 15 | | Board. Each member of the Board shall have the power to
| 16 | | administer oaths or affirmations. If the charges against an | 17 | | accused deputy
sheriff are established by a preponderance of | 18 | | evidence, the Board shall
make a finding of guilty and order | 19 | | either removal, demotion, suspension for
a period of not more | 20 | | than 180 days, or such other disciplinary punishment
as may be | 21 | | prescribed by the rules and regulations of the Board which, in
| 22 | | the opinion of the members thereof, the offense merits. The | 23 | | Board shall render its decision no later than 120 days | 24 | | following the conclusion of any hearings conducted under this | 25 | | Section. Thereupon the
sheriff shall direct such removal or | 26 | | other punishment as ordered by the
Board and if the accused |
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| 1 | | deputy sheriff refuses to abide by any such
disciplinary order, | 2 | | the sheriff shall remove him or her forthwith. On and after | 3 | | June 1, 2018, for an appointed officer rank subject to hearing | 4 | | under this Section that is covered by a collective bargaining | 5 | | agreement, disciplinary measures and the method of review of | 6 | | those measures are subject to mandatory bargaining, including, | 7 | | but not limited to, the use of impartial arbitration as an | 8 | | alternative or supplemental form of due process and any of the | 9 | | procedures laid out in this Section. | 10 | | Within 21 days after the conclusion of a hearing overseen | 11 | | by a hearing officer appointed under Section 3-7004, the | 12 | | hearing officer shall issue a recommended order in writing, | 13 | | which shall include findings of fact and a determination of | 14 | | whether cause for discipline has been established by the | 15 | | Sheriff. The hearing officer shall also recommend whether | 16 | | discipline should be imposed and the level of the discipline. | 17 | | Any hearing officer may issue the recommended order. Within 21 | 18 | | days after receipt of service of the recommended order, the | 19 | | Sheriff and the respondent may file with the board written | 20 | | exceptions to any part of the order. Exceptions shall be | 21 | | supported by argument and served on all parties at the time | 22 | | they are filed. If no exceptions are filed, the recommended | 23 | | order shall become the order of the board without further | 24 | | review. The board may set any further rules in accordance with | 25 | | this Section.
| 26 | | In case of the neglect or refusal of any person to obey a |
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| 1 | | subpoena
issued by the Board, any circuit court or a judge | 2 | | thereof, upon application
of any member of the Board, may order | 3 | | such person to appear before the
Board and give testimony or | 4 | | produce evidence, and any failure to obey such
order is | 5 | | punishable by the court as a contempt thereof.
| 6 | | The provisions of the Administrative Review Law,
and all | 7 | | amendments and modifications thereof, and the rules adopted
| 8 | | pursuant thereto, shall apply to and govern all proceedings for | 9 | | the
judicial review of any order of the Board rendered pursuant | 10 | | to the
provisions of this Section.
| 11 | | (Source: P.A. 86-962.)
| 12 | | (55 ILCS 5/3-7007 rep.) | 13 | | Section 10. The Counties Code is amended by repealing | 14 | | Section 3-7007. | 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law. |
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