Illinois Compiled Statutes
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50 ILCS 705/3
(50 ILCS 705/3)
(from Ch. 85, par. 503)
Board; composition; appointments; tenure; vacancies.
(a) The Board
shall be composed of 18 members selected as follows: The Attorney
the State of Illinois, the Director of the Illinois State Police, the Director of
Corrections, the Superintendent of the
Chicago Police Department, the Sheriff of Cook County, the Clerk of the Circuit Court of Cook County, who shall serve as ex officio members, and the following
to be appointed by the Governor: 2 mayors or village presidents of Illinois
municipalities, 2 Illinois county sheriffs from counties other than Cook
County, 2 managers of Illinois municipalities, 2 chiefs of municipal police
departments in Illinois having no Superintendent of the Police Department on
the Board, 2 citizens of Illinois who shall be members of
an organized enforcement officers' association, one active member of a statewide association representing sheriffs, and one active member of a statewide association representing municipal police chiefs. The appointments of the Governor
shall be made on the first Monday of August in 1965 with 3 of the appointments
to be for a period of one year, 3 for 2 years, and 3 for 3 years. Their
successors shall be appointed in like manner for terms to expire the first
Monday of August each 3 years thereafter. All members shall serve until their
respective successors are appointed and qualify. Vacancies shall be filled by
the Governor for the unexpired terms. Any ex officio member may appoint a designee to the Board who shall have the same powers and immunities otherwise conferred to the member of the Board, including the power to vote and be counted toward quorum, so long as the member is not in attendance.
(a-5) Within the Board is created a Review Committee. The Review Committee shall review disciplinary cases in which the Panel, the law enforcement officer, or the law enforcement agency file for reconsideration of a decertification decision made by the Board. The Review Committee shall be composed of 9 annually rotating members from the Board appointed by the Board Chairman. One member of the Review Committee shall be designated by the Board Chairman as the Chair. The Review Committee shall sit in 3 member panels composed of one member representing law enforcement management, one member representing members of law enforcement, and one member who is not a current or former member of law enforcement.
(b) When a Board member may have an actual, perceived, or potential conflict of interest or appearance of bias that could prevent the Board member from making a fair and impartial decision regarding decertification:
(1) The Board member shall recuse himself or herself.
(2) If the Board member fails to recuse himself or
herself, then the Board may, by a simple majority of the remaining members, vote to recuse the Board member. Board members who are found to have voted on a matter in which they should have recused themselves may be removed from the Board by the Governor.
A conflict of interest or appearance of bias may include, but is not limited to, matters where one of the following is a party to a decision on a decertification or formal complaint: someone with whom the member has an employment relationship; any of the following relatives: spouse, parents, children, adopted children, legal wards, stepchildren, step parents, step siblings, half siblings, siblings, parents-in-law, siblings-in-law, children-in-law, aunts, uncles, nieces, and nephews; a friend; or a member of a professional organization, association, or a union in which the member now actively serves.
(c) A vacancy in members does not prevent a quorum of the remaining sitting members from exercising all rights and performing all duties of the Board.
(d) An individual serving on the Board shall not also serve on the Panel.
(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; 102-694, eff. 1-7-22.)