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Public Act 100-1073
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| SB2707 Enrolled | LRB100 17609 RJF 32779 b |
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AN ACT concerning State 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 Personnel Code is amended by changing |
Section 11 as follows:
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(20 ILCS 415/11) (from Ch. 127, par. 63b111)
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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
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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 |
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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
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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.
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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.
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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
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the Commission Review Board pursuant to Section 14.1 of such |
Act.
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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.
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(Source: P.A. 93-721, eff. 1-1-05.)
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