(20 ILCS 415/11) (from Ch. 127, par. 63b111)
Sec. 11. Hearing - disciplinary action. No officer or employee under
jurisdiction B, relating to merit and fitness, who has been appointed under
the rules and after examination, shall be removed discharged or demoted,
or be suspended for a period of more than 30 days, in any 12 month period,
except for cause, upon written charges approved by the Director of Central
Management Services, and after an opportunity to be heard in his own defense if
he makes written request to the Commission within 15 days after the serving
of the written charges upon him. Upon the filing of such a request for
a hearing, the Commission shall grant a hearing within 30 days. The time
and place of the hearing shall be fixed by the Commission, and due notice
thereof given the appointing officer and the employee. The hearing shall
be public, and the officer or employee is entitled to call witnesses
in his own defense and to have the aid of counsel. The finding and decision
of the Commission, or the approval by the Commission of the finding and
decision of the officer or board appointed by it to conduct such investigation,
shall be rendered within 60 days after the receipt of the transcript of
the proceedings, unless the Commission remands the matter back to the officer or board appointed to conduct such investigation for the purpose of taking additional evidence or soliciting additional argument. After receipt of the transcript of the proceedings after remand, or receipt of additional evidence or additional argument after remand, the Commission shall have an additional 60 days in which to render a finding and decision. If the finding and decision is not rendered within 60
days after receipt of the transcript of the proceedings, or within 60 days after receipt of the transcript of the proceedings after remand or 60 days after receipt of additional evidence or additional argument after remand, the employee shall
be considered to be reinstated and shall receive full compensation for the
period for which he was suspended. The finding and decision of the Commission
or officer or board appointed by it to conduct investigation, when approved
by the Commission, shall be certified to the Director, and shall be forthwith
enforced by the Director. In making its finding and decision, or in approving
the finding and decision of some officer or board appointed by it to conduct
such investigation, the Civil Service Commission may, for disciplinary
purposes, suspend an employee for a period of time not to exceed 90 days,
and in no event to exceed a period of 120 days from the date of any
suspension of such employee, pending investigation of such charges. If the
Commission certifies a decision that an officer or employee is to be
retained in his position and if it does not order a suspension for
disciplinary purposes, the officer or employee shall receive full
compensation for any period during which he was suspended pending the
investigation of the charges.
Nothing in this Section shall limit the authority to suspend an employee
for a reasonable period not exceeding 30 days, in any 12 month period.
Notwithstanding the provisions of this Section, an arbitrator of the
Illinois Workers' Compensation
Commission, appointed pursuant to Section 14 of the Workers'
Compensation Act, may be removed by the Governor upon the recommendation of
the Commission Review Board pursuant to Section 14.1 of such Act.
Notwithstanding the provisions of this Section, a policy making officer
of a State agency, as defined in the Employee Rights Violation Act, shall
be discharged from State employment as provided
in the Employee Rights Violation Act, enacted by the 85th General Assembly.
(Source: P.A. 100-1073, eff. 1-1-19.)
|