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91_HB1300
LRB9104273MWgc
1 AN ACT concerning collective bargaining agreements,
2 amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Public Labor Relations Act is
6 amended by changing Section 7 as follows:
7 Section 5. The Counties Code is amended by changing
8 Section 3-8014 as follows:
9 (55 ILCS 5/3-8014) (from Ch. 34, par. 3-8014)
10 Sec. 3-8014. Removal, demotion or suspension. Except as
11 is otherwise provided in this Division, no certified person
12 shall be removed, demoted or suspended except for cause, upon
13 written charges filed with the Merit Commission by the
14 sheriff. Upon the filing of such a petition, the sheriff may
15 suspend the certified person pending the decision of the
16 Commission on the charges. After the charges have been
17 heard, the Commission may direct that the person receive his
18 pay for any part or all of this suspension period, if any.
19 The charges shall be heard by the Commission upon not
20 less than 14 days' certified notice. At such hearing, the
21 accused certified person shall be afforded full opportunity
22 to be represented by counsel, to be heard in his own defense
23 and to produce proof in his defense. Both the Commission
24 and the sheriff may be represented by counsel. The State's
25 Attorney of the applicable county may advise either the
26 Commission or the sheriff. The other party may engage
27 private counsel to advise it.
28 The Commission shall have the power to secure by its
29 subpoena both the attendance and testimony of witnesses and
30 the production of books and papers in support of the charges
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1 and for the defense. Each member of the Commission shall
2 have the power to administer oaths.
3 If the charges against an accused person are established
4 by the preponderance of evidence, the Commission shall make a
5 finding of guilty and order either removal, demotion, loss of
6 seniority, suspension for a period of not more than 180 days,
7 or such other disciplinary punishment as may be prescribed by
8 the rules and regulations of the Commission which, in the
9 opinion of the members thereof, the offense justifies. If
10 the charges against an accused person are not established by
11 the preponderance of evidence, the Commission shall make a
12 finding of not guilty and shall order that the person be
13 reinstated and be paid his compensation for the suspension
14 period, if any, while awaiting the hearing. The sheriff
15 shall take such action as may be ordered by the Commission.
16 The provisions of the Administrative Review Law, and all
17 amendments and modifications thereof, and the rules adopted
18 pursuant thereto, shall apply to and govern all proceedings
19 for the judicial review of any order of the Commission
20 rendered pursuant to this Section. The plaintiff shall pay
21 the reasonable cost of preparing and certifying the record
22 for judicial review. However, if the plaintiff prevails in
23 the judicial review proceeding, the court shall award to the
24 plaintiff a sum equal to the costs paid by the plaintiff to
25 have the record for judicial review prepared and certified.
26 The provisions of this Section do not limit, affect, or
27 diminish the duty to bargain collectively over the
28 arbitration of all disciplinary matters under Section 7 of
29 the Illinois Public Labor Relations Act. The procedures set
30 forth in this Section shall be followed unless otherwise
31 provided in a collective bargaining agreement.
32 (Source: P.A. 86-962.)
33 Section 10. The Illinois Municipal Code is amended by
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1 changing Sections 10-1-18 and 10-2.1-17 as follows:
2 (65 ILCS 5/10-1-18) (from Ch. 24, par. 10-1-18)
3 Sec. 10-1-18. (a) Except as hereinafter provided in this
4 Section, no officer or employee in the classified civil
5 service of any municipality who is appointed under the rules
6 and after examination, may be removed or discharged, or
7 suspended for a period of more than 30 days, except for cause
8 upon written charges and after an opportunity to be heard in
9 his own defense. Such charges shall be investigated by or
10 before the civil service commission, or by or before some
11 officer or board appointed by the commission to conduct that
12 investigation. The finding and decision of that commission or
13 investigating officer or board, when approved by the
14 commission, shall be certified to the appointing officer, and
15 shall forthwith be enforced by that officer. Before any
16 officer or employee in the classified service of any
17 municipality may be interrogated or examined by or before any
18 disciplinary board, or departmental agent or investigator,
19 the results of which hearing, interrogation or examination
20 may be the basis for filing charges seeking his removal or
21 discharge, he must be advised in writing as to what specific
22 improper or illegal act he is alleged to have committed; he
23 must be advised in writing that his admissions made in the
24 course of the hearing, interrogation or examination may be
25 used as the basis for charges seeking his removal or
26 discharge; and he must be advised in writing that he has the
27 right to counsel of his own choosing present to advise him at
28 any hearing, interrogation or examination; and a complete
29 record of any hearing, interrogation or examination shall be
30 made and a complete transcript thereof made available to such
31 officer or employee without charge and without delay. Nothing
32 in this Division 1 limits the power of any officer to suspend
33 a subordinate for a reasonable period, not exceeding 30 days
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1 except that any employee or officer suspended for more than 5
2 days or suspended within 6 months after a previous suspension
3 shall be entitled, upon request, to a hearing before the
4 civil service commission concerning the propriety of such
5 suspension. In the course of an investigation of charges,
6 each member of the commission, and of any board so appointed
7 by it, and any officer so appointed, may administer oaths and
8 may secure by its subpoena both the attendance and testimony
9 of witnesses, and the production of books and papers relevant
10 to the investigation. Nothing in this Section shall be
11 construed to require such charges or investigation in cases
12 of persons having the custody of public money for the safe
13 keeping of which another person has given bonds.
14 This subsection (a) does not apply to police or
15 firefighters in the classified civil service of a
16 municipality of 500,000 or fewer inhabitants.
17 (b) No officer or employee of a police or fire
18 department in the classified civil service of any
19 municipality having 500,000 or fewer inhabitants who is
20 appointed under the rules and after examination, may be
21 removed or discharged, or suspended for a period of more than
22 5 calendar days, except for cause upon written charges and
23 after an opportunity to be heard in his own defense. Such
24 charges shall be investigated by or before the civil service
25 commission, or by or before some officer or board appointed
26 by the commission to conduct that investigation. The finding
27 and decision of that commission or investigating officer or
28 board, when approved by the commission, shall be certified to
29 the appointing officer, and shall forthwith be enforced by
30 that officer. Before any such officer or employee of a police
31 or fire department may be interrogated or examined by or
32 before any disciplinary board, or departmental agent or
33 investigator, the results of which hearing, interrogation or
34 examination may be the basis for filing charges seeking his
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1 removal or discharge, he must be advised in writing as to
2 what specific improper or illegal act he is alleged to have
3 committed; he must be advised in writing that his admissions
4 made in the course of the hearing, interrogation or
5 examination may be used as the basis for charges seeking his
6 removal or discharge; and he must be advised in writing that
7 he has the right to have counsel of his own choosing present
8 to advise him at any hearing, interrogation or examination;
9 and a complete record of any hearing, interrogation or
10 examination shall be made and a complete transcript thereof
11 made available to such officer or employee without charge and
12 without delay. Nothing in this Division 1 limits the power of
13 the chief officer of a police or fire department to suspend a
14 subordinate for a reasonable period, not exceeding 5 calendar
15 days, provided the civil service commission is promptly
16 notified thereof in writing. Any employee or officer so
17 suspended shall be entitled, upon request, to a hearing
18 before the civil service commission concerning the propriety
19 of such suspension. Upon such hearing, the commission may
20 sustain the action of the chief of the department, may
21 reverse it with instructions that the person receive his pay
22 for the period involved, or may suspend the person for an
23 additional period of not more than 30 days or discharge him,
24 depending upon the facts presented. In the course of an
25 investigation of charges, each member of the commission, and
26 of any board so appointed by it, and any officer so
27 appointed, may administer oaths and may secure by its
28 subpoena both the attendance and testimony of witnesses, and
29 the production of books and papers relevant to the
30 investigation. If the charge is based upon an allegation of
31 the use of unreasonable force by a police officer, the charge
32 must be brought within 5 years after the commission of the
33 act upon which the charge is based. The statute of
34 limitations established in this Section 10-1-18(b) shall
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1 apply only to acts of unreasonable force occurring on or
2 after the effective date of this amendatory Act of 1992.
3 The provisions of this subsection (b) do not limit,
4 affect, or diminish the duty to bargain collectively over the
5 arbitration of all disciplinary matters under Section 7 of
6 the Illinois Public Labor Relations Act. The procedures set
7 forth in this subsection (b) shall be followed unless
8 otherwise provided in a collective bargaining agreement.
9 (c) Whenever the corporate authorities of any
10 municipality in which this Division 1 is in operation,
11 designates by ordinance or whenever any general law of this
12 state designates any specific age of not less than 63 years
13 as the maximum age for legal employment of policemen or
14 firemen in the service of any municipality which has adopted
15 or shall adopt this Division 1 or designates any minimum age
16 for the automatic or compulsory retirement of policemen or
17 firemen in the service of that municipality, any such
18 policeman or fireman to whom such ordinance or law may refer
19 or apply upon attaining the designated age of 63 years or
20 upwards as set out in the ordinance or law shall forthwith
21 and immediately be retired from the service of that
22 municipality in accordance with the terms or provisions of
23 that ordinance or law. The civil service commission of the
24 municipality shall discharge or retire automatically any
25 policeman or fireman in the classified civil service of the
26 municipality at the time and in the manner provided in that
27 ordinance or law and certify the retirement or discharge to
28 the proper branch or department head. In the case of any such
29 policeman or fireman who has filed an application for
30 appointment in the classified civil service of the
31 municipality, the age stated in that application shall be
32 conclusive evidence against that policeman or fireman of his
33 age, but the civil service commission (except as respects
34 police department officers and employees in municipalities of
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1 more than 500,000 population where the Police Board shall
2 exercise these powers as provided in Section 10-1-18.1) may
3 hear testimony and consider all evidence available in any
4 case in which any charge is filed against any such policeman
5 or fireman alleging that he understated his age in his
6 application for appointment into the classified civil service
7 of the municipality.
8 In addition to all the other powers now granted by law,
9 the corporate authorities of any municipality which has
10 adopted or shall adopt this Division 1 may by ordinance
11 provide an age limit of not less than 63 years as the maximum
12 age for the legal employment of any person employed as a
13 policeman or fireman under this Division 1, and may provide
14 in that ordinance for the automatic or compulsory retirement
15 and discharge of the policeman or fireman upon his attainment
16 of the designated retirement age.
17 This Section does not apply to the suspension, removal or
18 discharge of officers and civilian employees of the police
19 department in the classified civil service of a municipality
20 of more than 500,000 but that disciplinary action may be
21 taken by the Police Board, rather than the civil service
22 commission, as provided in Section 10-1-18.1.
23 (d) Commencing on January 1, 1993, each board or other
24 entity responsible for determining whether or not to file a
25 charge shall, no later than December 31 of each year, publish
26 a status report on its investigations of allegations of
27 unreasonable force. At a minimum, the status report shall
28 include the following information:
29 (1) the number of police officers against whom an
30 allegation of unreasonable force was made;
31 (2) the number of allegations of unreasonable force
32 made against each such police officer;
33 (3) the number of police officers against whom
34 disciplinary charges were filed on the basis of
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1 allegations of unreasonable force;
2 (4) a listing of investigations of allegations of
3 unreasonable force pending as of the date of the report,
4 together with the dates on which such allegations were
5 made; and
6 (5) a listing of allegations of unreasonable force
7 for which the board has determined not to file charges.
8 These status reports shall not disclose the identity of
9 any witness or victim, nor shall they disclose the
10 identity of any police officer who is the subject of an
11 allegation of unreasonable force against whom a charge
12 has not been filed. The information underlying these
13 status reports shall be confidential and exempt from
14 public inspection and copying, as provided under Section
15 7 of the Freedom of Information Act.
16 (Source: P.A. 87-1239.)
17 (65 ILCS 5/10-2.1-17) (from Ch. 24, par. 10-2.1-17)
18 Sec. 10-2.1-17. Removal or discharge; Investigation of
19 charges; Retirement. Except as hereinafter provided, no
20 officer or member of the fire or police department of any
21 municipality subject to this Division 2.1 shall be removed or
22 discharged except for cause, upon written charges, and after
23 an opportunity to be heard in his own defense. If the chief
24 of the fire department or the chief of the police department
25 or both of them are appointed in the manner provided by
26 ordinance, they may be removed or discharged by the
27 appointing authority. In such case the appointing authority
28 shall file with the corporate authorities the reasons for
29 such removal or discharge, which removal or discharge shall
30 not become effective unless confirmed by a majority vote of
31 the corporate authorities. The board of fire and police
32 commissioners shall conduct a fair and impartial hearing of
33 the charges, to be commenced within 30 days of the filing
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1 thereof, which hearing may be continued from time to time. In
2 case an officer or member is found guilty, the board may
3 discharge him, or may suspend him not exceeding 30 days
4 without pay. The board may suspend any officer or member
5 pending the hearing with or without pay, but not to exceed 30
6 days. If the Board of Fire and Police Commissioners
7 determines that the charges are not sustained, the officer or
8 member shall be reimbursed for all wages withheld, if any. In
9 the conduct of this hearing, each member of the board shall
10 have power to administer oaths and affirmations, and the
11 board shall have power to secure by its subpoena both the
12 attendance and testimony of witnesses and the production of
13 books and papers relevant to the hearing.
14 The age for retirement of policemen or firemen in the
15 service of any municipality which adopts this Division 2.1 is
16 65 years, unless the Council or Board of Trustees shall by
17 ordinance provide for an earlier retirement age of not less
18 than 60 years.
19 The provisions of the Administrative Review Law, and all
20 amendments and modifications thereof, and the rules adopted
21 pursuant thereto, shall apply to and govern all proceedings
22 for the judicial review of final administrative decisions of
23 the board of fire and police commissioners hereunder. The
24 term "administrative decision" is defined as in Section 3-101
25 of the Code of Civil Procedure.
26 Nothing in this Section shall be construed to prevent the
27 chief of the fire department or the chief of the police
28 department from suspending without pay a member of his
29 department for a period of not more than 5 calendar days, but
30 he shall notify the board in writing of such suspension. Any
31 policeman or fireman so suspended may appeal to the board of
32 fire and police commissioners for a review of the suspension
33 within 5 calendar days after such suspension, and upon such
34 appeal, the board may sustain the action of the chief of the
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1 department, may reverse it with instructions that the man
2 receive his pay for the period involved, or may suspend the
3 officer for an additional period of not more than 30 days or
4 discharge him, depending upon the facts presented.
5 The provisions of this Section do not limit, affect, or
6 diminish the duty to bargain collectively over the
7 arbitration of all disciplinary matters under Section 7 of
8 the Illinois Public Labor Relations Act. The procedures set
9 forth in this Section shall be followed unless otherwise
10 provided in a collective bargaining agreement.
11 (Source: P.A. 85-915.)