Sen. Bill Cunningham

Filed: 5/17/2018





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2    AMENDMENT NO. ______. Amend House Bill 5303 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Counties Code is amended by changing
5Sections 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
8created the Cook County Sheriff's Merit Board, hereinafter
9called the Board, consisting of not less than 3 and not more
10than 7 members appointed by the Sheriff with the advice and
11consent of three-fifths of the county board, except that the
12Sheriff may appoint 2 additional members, with the advice and
13consent of three-fifths of the county board, at his or her
14discretion. Of the members first appointed, one shall serve
15until the third Monday in March, 1965 one until the third
16Monday in March, 1967, and one until the third Monday in March,



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11969. Of the 2 additional members first appointed under
2authority of this amendatory Act of 1991, one shall serve until
3the third Monday in March, 1995, and one until the third Monday
4in March, 1997. Of the 2 additional members first appointed
5under the authority of this amendatory Act of the 91st General
6Assembly, one shall serve until the third Monday in March, 2005
7and one shall serve until the third Monday in March, 2006.
8    Upon the expiration of the terms of office of those first
9appointed (including the 2 additional members first appointed
10under authority of this amendatory Act of 1991 and under the
11authority of this amendatory Act of the 91st General Assembly),
12their respective successors shall be appointed to hold office
13from the third Monday in March of the year of their respective
14appointments for a term of 6 years and until their successors
15are appointed and qualified for a like term. As additional
16members are appointed under authority of this amendatory Act of
171997, their terms shall be set to be staggered consistently
18with the terms of the existing Board members.
19    Notwithstanding any provision in this Section to the
20contrary, the term of office of each member of the Board is
21abolished on the effective date of this amendatory Act of the
22100th General Assembly. Of the 7 members first appointed after
23the effective date of this Act of the 100th General Assembly, 2
24shall serve until the third Monday in March 2019, 2 shall serve
25until the third Monday in March 2021, and 3 members shall serve
26until the third Monday in March 2023. The terms of the 2



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1additional members first appointed after the effective date of
2this Act of the 100th General Assembly shall be staggered
3consistently with the terms of the other Board members.
4Successors or reappointments shall be appointed to hold office
5from the third Monday in March of the year of their respective
6appointments for a term ending on the third Monday in March of
76 years following the preceding term expiration. Each member of
8the Board shall hold office until his or her successor is
9appointed and qualified or the member is reappointed. In all
10appointments, the county board has the power to approve terms
11to ensure the Board fulfills its mandate.
12    In the case of a vacancy in the office of a member prior to
13the conclusion of the member's term, the Sheriff shall, with
14the advice and consent of three-fifths of the county board,
15appoint a person to serve for the remainder of the unexpired
17    No more than one-half plus one of the 3 members of the
18Board shall be affiliated with the same political party.
19Political affiliation is determined, for purposes of this
20Section, as the political affiliation an appointed member has
21or does not have at the time the appointment is approved by the
22county board and shall continue to be so determined until the
23member discontinues serving on the Board , except that as
24additional members are appointed by the Sheriff, the political
25affiliation of the Board shall be such that no more than
26one-half of the members plus one additional member may be



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1affiliated with the same political party. No member shall have
2held or have been a candidate for an elective public office
3within one year preceding his or her appointment.
4    The Sheriff may deputize members of the Board.
5(Source: P.A. 100-562, eff. 12-8-17.)
6    (55 ILCS 5/3-7004)  (from Ch. 34, par. 3-7004)
7    Sec. 3-7004. Clerical and technical staff assistants and
8hearing officers. The Board is authorized to employ such
9clerical and technical staff assistants as may be necessary to
10enable the Board to transact its business and to fix their
11compensation. The Board is authorized to employ hearing
12officers to conduct hearings under Section 3-7012. Hearing
13officers employed by the Board shall be qualified to hold the
14position as determined by the Board. Hearing officers shall be
15attorneys licensed to practice law in this State.
16(Source: P.A. 86-962.)
17    (55 ILCS 5/3-7008)  (from Ch. 34, par. 3-7008)
18    Sec. 3-7008. Appointments. The appointment of deputy
19sheriffs in the Police Department, full-time deputy sheriffs
20not employed as county police officers or county corrections
21officers and of employees in the Department of Corrections
22shall be made from those applicants who have been certified by
23the Board as being qualified for appointment. Certification for
24appointment in one department shall not constitute



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1certification for appointment in another department.
2Certification may be made at any point prior to appointment and
3may be made in conjunction with the Sheriff's application
4process. All persons so appointed shall, at the time of their
5appointment, be not less than 21 years of age, or 20 years of
6age and have successfully completed 2 years of law enforcement
7studies at an accredited college or university. Any person
8appointed subsequent to successful completion of 2 years of
9such law enforcement studies shall not have power of arrest,
10nor shall he or she be permitted to carry firearms, until he or
11she reaches 21 years of age. In addition, all persons so
12appointed shall be not more than the maximum age limit fixed by
13the Board from time to time, be of sound mind and body, be of
14good moral character, be citizens of the United States, have
15not been convicted of a crime which the Board considers to be
16detrimental to the applicant's ability to carry out his or her
17duties, possess such prerequisites of training, education and
18experience as the Board may from time to time prescribe, and
19shall be required to pass successfully mental, physical,
20psychiatric and other tests and examinations as may be
21prescribed by the Board. Preference shall be given in such
22appointments to persons who have honorably served in the
23military or naval services of the United States. Before
24entering upon his or her duties, each deputy sheriff in the
25County Police Department shall execute a good and sufficient
26bond, payable to the People of the State of Illinois, in the



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1penal sum of $1,000 and to the Sheriff of the County where he
2or she is employed in the sum of $10,000, conditioned on the
3faithful performance of his or her duties. All appointees shall
4serve a probationary period of 12 months and during that period
5may be discharged at the will of the Sheriff. However, civil
6service employees of the house of correction who have certified
7status at the time of the transfer of the house of correction
8to the County Department of Corrections are not subject to this
9probationary period, and they shall retain their job titles,
10such tenure privileges as are now enjoyed and any subsequent
11title changes shall not cause reduction in rank or elimination
12of positions.
13(Source: P.A. 86-962.)
14    (55 ILCS 5/3-7011)  (from Ch. 34, par. 3-7011)
15    Sec. 3-7011. Disciplinary measures. Disciplinary measures
16prescribed by the Board may be taken by the sheriff for the
17punishment of infractions of the rules and regulations
18promulgated by the Board. Such disciplinary measures may
19include suspension of any deputy sheriff in the County Police
20Department, any full-time deputy sheriff not employed as a
21county police officer or county corrections officer and any
22employee in the County Department of Corrections and any other
23discipline that does not constitute termination or demotion for
24a reasonable period, not exceeding 30 days, without complying
25with the provisions of Section 3-7012 hereof.



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1(Source: P.A. 86-962.)
2    (55 ILCS 5/3-7012)  (from Ch. 34, par. 3-7012)
3    Sec. 3-7012. Removal, demotion or suspension. Except as is
4otherwise provided in this Division, no deputy sheriff in the
5County Police Department, no full-time deputy sheriff not
6employed as a county police officer or county corrections
7officer and no employee in the County Department of Corrections
8shall be removed, demoted or suspended except for cause, upon
9written charges filed with the Board by the Sheriff and a
10hearing before the Board thereon upon not less than 10 days'
11notice at a place to be designated by the chairman thereof. At
12such hearing, the accused deputy sheriff shall be afforded full
13opportunity to be heard in his or her own defense and to
14produce proof in his or her defense. The Board shall have the
15power to secure by its subpoena both the attendance and
16testimony of witnesses and the production of books and papers
17in support of the charges and for the defense. The fees of
18witnesses for attendance and travel shall be the same as the
19fees of witnesses before the circuit courts of this State, and
20shall be paid in the same manner as other expenses of the
21Board. Each member of the Board shall have the power to
22administer oaths or affirmations. If the charges against an
23accused deputy sheriff are established by a preponderance of
24evidence, the Board shall make a finding of guilty and order
25either removal, demotion, suspension for a period of not more



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1than 180 days, or such other disciplinary punishment as may be
2prescribed by the rules and regulations of the Board which, in
3the opinion of the members thereof, the offense merits. The
4Board shall render its decision no later than 120 days
5following the conclusion of any hearings conducted under this
6Section. Thereupon the sheriff shall direct such removal or
7other punishment as ordered by the Board and if the accused
8deputy sheriff refuses to abide by any such disciplinary order,
9the sheriff shall remove him or her forthwith. On and after
10June 1, 2018, for an appointed officer rank subject to hearing
11under this Section that is covered by a collective bargaining
12agreement, disciplinary measures and the method of review of
13those measures are subject to mandatory bargaining, including,
14but not limited to, the use of impartial arbitration as an
15alternative or supplemental form of due process and any of the
16procedures laid out in this Section.
17    Within 21 days after the conclusion of a hearing overseen
18by a hearing officer appointed under Section 3-7004, the
19hearing officer shall issue a recommended order in writing,
20which shall include findings of fact and a determination of
21whether cause for discipline has been established by the
22Sheriff. The hearing officer shall also recommend whether
23discipline should be imposed and the level of the discipline.
24Any hearing officer may issue the recommended order. Within 21
25days after receipt of service of the recommended order, the
26Sheriff and the respondent may file with the board written



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1exceptions to any part of the order. Exceptions shall be
2supported by argument and served on all parties at the time
3they are filed. If no exceptions are filed, the recommended
4order shall become the order of the board without further
5review. The board may set any further rules in accordance with
6this Section.
7    In case of the neglect or refusal of any person to obey a
8subpoena issued by the Board, any circuit court or a judge
9thereof, upon application of any member of the Board, may order
10such person to appear before the Board and give testimony or
11produce evidence, and any failure to obey such order is
12punishable by the court as a contempt thereof.
13    The provisions of the Administrative Review Law, and all
14amendments and modifications thereof, and the rules adopted
15pursuant thereto, shall apply to and govern all proceedings for
16the judicial review of any order of the Board rendered pursuant
17to the provisions of this Section.
18(Source: P.A. 86-962.)
19    (55 ILCS 5/3-7007 rep.)
20    Section 10. The Counties Code is amended by repealing
21Section 3-7007.
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".