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| Public Act 098-0810 | ||||
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Secretary of State Merit Employment Code is | ||||
amended by changing Section 9 as follows:
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(15 ILCS 310/9) (from Ch. 124, par. 109)
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Sec. 9. Hearings - disciplinary action. No certified | ||||
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 | ||||
suspended for a period of more than 30 calendar days, except | ||||
for cause, upon written
charges approved by the Director of | ||||
Personnel, and after an opportunity
to be heard in his own | ||||
defense if he makes written request to the Commission
within 15 | ||||
calendar days after the serving of the written charges upon | ||||
him.
Upon the receipt of such a request for hearing, the | ||||
Commission shall grant
a hearing within 45 30 calendar days. | ||||
The time and place of the hearing shall
be fixed by the | ||||
Commission, and due notice thereof shall be given the Director
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of Personnel 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 of the | ||||
Commission shall be rendered within 60
calendar days after the | ||||
receipt of the transcript of the proceedings. If
the finding | ||
and decision is not rendered within 60 calendar days after | ||
receipt
of the transcript of the proceedings, 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 such investigation, when approved by
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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 Merit Commission may, for disciplinary purposes,
suspend an | ||
employee for a period of time not to exceed 90 calendar days,
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and in no event to exceed a period of 120 calendar 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
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purposes, the officer or employee shall receive full | ||
compensation for any
period during which he was suspended | ||
pending the investigation of the charges.
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Nothing in this Section shall limit the authority to | ||
suspend an employee
for a reasonable period not exceeding 30 | ||
calendar days.
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(Source: P.A. 80-13.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||