100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0642

 

Introduced , by Rep. John M. Cabello

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/10-2.1-17  from Ch. 24, par. 10-2.1-17

    Amends the Illinois Municipal Code. Provides that the chief of the fire department or chief of the police department may be removed or discharged by the board of fire and police commissioners if the municipality has such a board or the appointing authority if the municipality does not have a board (currently, removed or discharged only by the appointing authority). Effective immediately.


LRB100 05607 AWJ 15621 b

 

 

A BILL FOR

 

HB0642LRB100 05607 AWJ 15621 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Section 10-2.1-17 as follows:
 
6    (65 ILCS 5/10-2.1-17)  (from Ch. 24, par. 10-2.1-17)
7    Sec. 10-2.1-17. Removal or discharge; investigation of
8charges; retirement. Except as hereinafter provided, no
9officer or member of the fire or police department of any
10municipality subject to this Division 2.1 shall be removed or
11discharged except for cause, upon written charges, and after an
12opportunity to be heard in his own defense. The hearing shall
13be as hereinafter provided, unless the employer and the labor
14organization representing the person have negotiated an
15alternative or supplemental form of due process based upon
16impartial arbitration as a term of a collective bargaining
17agreement. Such bargaining shall be mandatory unless the
18parties mutually agree otherwise. Any such alternative
19agreement shall be permissive.
20    If the chief of the fire department or the chief of the
21police department or both of them are appointed in the manner
22provided by ordinance, they may be removed or discharged by the
23board of fire and police commissioners if the municipality has

 

 

HB0642- 2 -LRB100 05607 AWJ 15621 b

1such a board or the appointing authority if the municipality
2does not have a board of fire and police commissioners. In such
3case the appointing authority shall file with the corporate
4authorities the reasons for such removal or discharge, which
5removal or discharge shall not become effective unless
6confirmed by a majority vote of the corporate authorities. The
7board of fire and police commissioners shall conduct a fair and
8impartial hearing of the charges, to be commenced within 30
9days of the filing thereof, which hearing may be continued from
10time to time. In case an officer or member is found guilty, the
11board may discharge him, or may suspend him not exceeding 30
12days without pay. The board may suspend any officer or member
13pending the hearing with or without pay, but not to exceed 30
14days. If the Board of Fire and Police Commissioners determines
15that the charges are not sustained, the officer or member shall
16be reimbursed for all wages withheld, if any. In the conduct of
17this hearing, each member of the board shall have power to
18administer oaths and affirmations, and the board shall have
19power to secure by its subpoena both the attendance and
20testimony of witnesses and the production of books and papers
21relevant to the hearing.
22    The age for retirement of policemen or firemen in the
23service of any municipality which adopts this Division 2.1 is
2465 years, unless the Council or Board of Trustees shall by
25ordinance provide for an earlier retirement age of not less
26than 60 years.

 

 

HB0642- 3 -LRB100 05607 AWJ 15621 b

1    The provisions of the Administrative Review Law, and all
2amendments and modifications thereof, and the rules adopted
3pursuant thereto, shall apply to and govern all proceedings for
4the judicial review of final administrative decisions of the
5board of fire and police commissioners hereunder. The term
6"administrative decision" is defined as in Section 3-101 of the
7Code of Civil Procedure.
8    Nothing in this Section shall be construed to prevent the
9chief of the fire department or the chief of the police
10department from suspending without pay a member of his
11department for a period of not more than 5 calendar days, but
12he shall notify the board in writing of such suspension. The
13hearing shall be as hereinafter provided, unless the employer
14and the labor organization representing the person have
15negotiated an alternative or supplemental form of due process
16based upon impartial arbitration as a term of a collective
17bargaining agreement. Such bargaining shall be mandatory
18unless the parties mutually agree otherwise. Any such
19alternative agreement shall be permissive.
20    Any policeman or fireman so suspended may appeal to the
21board of fire and police commissioners for a review of the
22suspension within 5 calendar days after such suspension, and
23upon such appeal, the board may sustain the action of the chief
24of the department, may reverse it with instructions that the
25man receive his pay for the period involved, or may suspend the
26officer for an additional period of not more than 30 days or

 

 

HB0642- 4 -LRB100 05607 AWJ 15621 b

1discharge him, depending upon the facts presented.
2(Source: P.A. 95-356, eff. 8-23-07.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.