093_HB2417

 
                                     LRB093 09543 MKM 09780 b

 1        AN ACT concerning employment.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Counties  Code  is  amended  by  changing
 5    Section 3-8014 as follow:

 6        (55 ILCS 5/3-8014) (from Ch. 34, par. 3-8014)
 7        Sec.  3-8014.  Removal, demotion or suspension. Except as
 8    is otherwise provided in this Division, no  certified  person
 9    shall be removed, demoted or suspended except for cause, upon
10    written  charges  filed  with  the  Merit  Commission  by the
11    sheriff.  Upon the filing of such a petition, the sheriff may
12    suspend the certified person  pending  the  decision  of  the
13    Commission  on  the  charges.   After  the  charges have been
14    heard, the Commission may direct that the person receive  his
15    pay for any part or all of this suspension period, if any.
16        The  charges  shall  be  heard by the Commission upon not
17    less than 14 days' certified notice.  At  such  hearing,  the
18    accused  certified  person shall be afforded full opportunity
19    to be represented by counsel, to be heard in his  own defense
20    and to produce proof in his  defense.   Both  the  Commission
21    and  the sheriff may be  represented by counsel.  The State's
22    Attorney of the  applicable  county  may  advise  either  the
23    Commission  or  the  sheriff.   The  other  party  may engage
24    private counsel to advise it.
25        The Commission shall have the  power  to  secure  by  its
26    subpoena  both  the attendance and testimony of witnesses and
27    the production of books and papers in support of the  charges
28    and  for  the  defense.   Each member of the Commission shall
29    have the power to administer oaths.
30        If the charges against an accused person are  established
31    by the preponderance of evidence, the Commission shall make a
 
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 1    finding of guilty and order either removal, demotion, loss of
 2    seniority, suspension for a period of not more than 180 days,
 3    or such other disciplinary punishment as may be prescribed by
 4    the  rules  and  regulations  of the Commission which, in the
 5    opinion of the members thereof, the  offense  justifies.   If
 6    the  charges against an accused person are not established by
 7    the preponderance of evidence, the Commission  shall  make  a
 8    finding  of  not  guilty  and  shall order that the person be
 9    reinstated and be paid his  compensation for  the  suspension
10    period,  if  any,  while  awaiting  the hearing.  The sheriff
11    shall take such action as may be ordered by the Commission.
12        The provisions of the Administrative Review Law, and  all
13    amendments  and  modifications thereof, and the rules adopted
14    pursuant thereto, shall apply to and govern  all  proceedings
15    for  the  judicial  review  of  any  order  of the Commission
16    rendered pursuant  to  this  Section.  The  Merit  Commission
17    plaintiff  shall  pay  the  reasonable  cost of preparing and
18    certifying the record for judicial review.  However,  if  the
19    plaintiff  prevails  in  the  judicial review proceeding, the
20    court shall award to the plaintiff a sum equal to  the  costs
21    paid  by the plaintiff to have the record for judicial review
22    prepared and certified.
23        Nothing in this Act  prohibits  employers  covered  under
24    this  Act  from  agreeing,  through the collective bargaining
25    process, to submit disciplinary matters covered by  this  Act
26    to  the  grievance and arbitration procedures in a collective
27    bargaining agreement with the certified collective bargaining
28    representative.
29    (Source: P.A. 86-962.)

30        Section 10.  The Illinois Municipal Code  is  amended  by
31    changing Section 10-2.1-17 as follows:

32        (65 ILCS 5/10-2.1-17) (from Ch. 24, par. 10-2.1-17)
 
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 1        Sec.  10-2.1-17.   Removal or discharge; investigation of
 2    charges; retirement.   Except  as  hereinafter  provided,  no
 3    officer  or  member  of  the fire or police department of any
 4    municipality subject to this Division 2.1 shall be removed or
 5    discharged except for cause, upon written charges, and  after
 6    an  opportunity  to be heard in his own defense.  The hearing
 7    shall be as hereinafter provided, unless the employer and the
 8    labor organization representing the person have negotiated an
 9    alternative or supplemental form of due  process  based  upon
10    impartial  arbitration  as  a term of a collective bargaining
11    agreement.   In  non-home  rule  units  of  government,  such
12    bargaining shall be permissive rather than  mandatory  unless
13    such  contract  term  was  negotiated by the employer and the
14    labor organization prior to or at the time of  the  effective
15    date  of  this  amendatory Act, in which case such bargaining
16    shall be considered mandatory.
17        If the chief of the fire department or the chief  of  the
18    police department or both of them are appointed in the manner
19    provided  by  ordinance, they may be removed or discharged by
20    the  appointing  authority.   In  such  case  the  appointing
21    authority shall  file  with  the  corporate  authorities  the
22    reasons  for  such  removal  or  discharge,  which removal or
23    discharge shall not become effective unless  confirmed  by  a
24    majority  vote  of  the  corporate authorities.  The board of
25    fire and  police  commissioners  shall  conduct  a  fair  and
26    impartial  hearing  of the charges, to be commenced within 30
27    days of the filing thereof, which hearing  may  be  continued
28    from  time  to  time.   In case an officer or member is found
29    guilty, the board may discharge him, or may suspend  him  not
30    exceeding  30  days  without  pay.  The board may suspend any
31    officer or member pending the hearing with  or  without  pay,
32    but  not  to exceed 30 days.  If the Board of Fire and Police
33    Commissioners determines that the charges are not  sustained,
34    the  officer  or  member  shall  be  reimbursed for all wages
 
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 1    withheld, if any.  In  the  conduct  of  this  hearing,  each
 2    member  of the board shall have power to administer oaths and
 3    affirmations, and the board shall have power to secure by its
 4    subpoena both the attendance and testimony of  witnesses  and
 5    the production of books and papers relevant to the hearing.
 6        The  age  for  retirement  of policemen or firemen in the
 7    service of any municipality which adopts this Division 2.1 is
 8    65 years, unless the Council or Board of  Trustees  shall  by
 9    ordinance  provide  for an earlier retirement age of not less
10    than 60 years.
11        The provisions of the Administrative Review Law, and  all
12    amendments  and  modifications thereof, and the rules adopted
13    pursuant thereto, shall apply to and govern  all  proceedings
14    for  the judicial review of final administrative decisions of
15    the board of fire and police  commissioners  hereunder.   The
16    term "administrative decision" is defined as in Section 3-101
17    of the Code of Civil Procedure.
18        Nothing in this Section shall be construed to prevent the
19    chief  of  the  fire  department  or  the chief of the police
20    department from  suspending  without  pay  a  member  of  his
21    department for a period of not more than 5 calendar days, but
22    he   shall  notify  the  board in writing of such suspension.
23    The hearing shall be  as  hereinafter  provided,  unless  the
24    employer  and  the labor organization representing the person
25    have negotiated an alternative or supplemental  form  of  due
26    process  based  upon  impartial  arbitration  as  a term of a
27    collective bargaining agreement.  In non-home rule  units  of
28    government,  such  bargaining shall be permissive rather than
29    mandatory unless such contract term  was  negotiated  by  the
30    employer  and  the labor organization prior to or at the time
31    of the effective date of this amendatory Act, in  which  case
32    such bargaining shall be considered mandatory.
33        Nothing  in  this  Act  prohibits employers covered under
34    this Act from agreeing,  through  the  collective  bargaining
 
                            -5-      LRB093 09543 MKM 09780 b
 1    process,  to  submit disciplinary matters covered by this Act
 2    to the grievance and arbitration procedures in  a  collective
 3    bargaining agreement with the certified collective bargaining
 4    representative.
 5        Any  policeman  or fireman so suspended may appeal to the
 6    board of fire and police commissioners for a  review  of  the
 7    suspension  within 5 calendar days after such suspension, and
 8    upon such appeal, the board may sustain  the  action  of  the
 9    chief  of  the  department,  may reverse it with instructions
10    that the man receive his  pay for the period involved, or may
11    suspend the officer for an additional period of not more than
12    30 days or discharge him, depending upon the facts presented.
13    (Source: P.A. 91-650, eff. 11-30-99.)