Sen. Bill Cunningham

Filed: 4/11/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 695, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Counties Code is amended by changing
6Sections 3-7002, 3-7003, 3-7005, 3-7008, 3-7011, and 3-7012 and
7adding Sections 3-7000.5 and 3-7018 as follows:
8    (55 ILCS 5/3-7000.5 new)
9    Sec. 3-7000.5. Definitions. As used in this Division:
10    "Board" means the Cook County Sheriff's Merit Board created
11under subsection (b) of Section 3-7002.
12    "Sheriff" means the Sheriff of Cook County.
13    "Sworn officer" means a deputy sheriff, deputy sergeant,
14deputy lieutenant, corrections officer, corrections sergeant,
15corrections lieutenant, police officer, police sergeant,
16police lieutenant, or any other person hired or promoted by the



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1Sheriff and earning the relevant sworn merit rank.
2    (55 ILCS 5/3-7002)  (from Ch. 34, par. 3-7002)
3    Sec. 3-7002. Cook County Sheriff's Merit Board.
4    (a) On the effective date of this amendatory Act of 100th
5General Assembly, the terms of all members of the Board created
6under this subsection (a) are ended and the Board created under
7this subsection (a) is abolished. There is created the Cook
8County Sheriff's Merit Board, hereinafter called the Board,
9consisting of 7 members appointed by the Sheriff with the
10advice and consent of the county board, except that on and
11after the effective date of this amendatory Act of 1997, the
12Sheriff may appoint 2 additional members, with the advice and
13consent of the county board, at his or her discretion. Of the
14members first appointed, one shall serve until the third Monday
15in March, 1965 one until the third Monday in March, 1967, and
16one until the third Monday in March, 1969. Of the 2 additional
17members first appointed under authority of this amendatory Act
18of 1991, one shall serve until the third Monday in March, 1995,
19and one until the third Monday in March, 1997. Of the 2
20additional members first appointed under the authority of this
21amendatory Act of the 91st General Assembly, one shall serve
22until the third Monday in March, 2005 and one shall serve until
23the third Monday in March, 2006.
24    Upon the expiration of the terms of office of those first
25appointed (including the 2 additional members first appointed



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1under authority of this amendatory Act of 1991 and under the
2authority of this amendatory Act of the 91st General Assembly),
3their respective successors shall be appointed to hold office
4from the third Monday in March of the year of their respective
5appointments for a term of 6 years and until their successors
6are appointed and qualified for a like term. As additional
7members are appointed under authority of this amendatory Act of
81997, their terms shall be set to be staggered consistently
9with the terms of the existing Board members. No more than 3
10members of the Board shall be affiliated with the same
11political party, except that as additional members are
12appointed by the Sheriff under authority of this amendatory Act
13of 1997 and under the authority of this amendatory Act of the
1491st General Assembly, the political affiliation of the Board
15shall be such that no more than one-half of the members plus
16one additional member may be affiliated with the same political
17party. No member shall have held or have been a candidate for
18an elective public office within one year preceding his or her
20    The Sheriff may deputize members of the Board.
21    (b) On the effective date of this amendatory Act of the
22100th General Assembly, there is created the Cook County
23Sheriff's Merit Board, consisting of 5 members appointed by the
24Sheriff with the advice and consent of the county board who
25should have the following qualifications: one member who is an
26employee or agent representing the interests of labor unions;



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1one member who is or was employed by a law enforcement agency
2and was responsible for investigating disciplinary cases; one
3member who is or was engaged in academic research relating to
4criminal justice at an institution of higher learning; one
5member who is or was affiliated with a not-for-profit prison
6reform entity; and one member who is or was involved with a
7not-for-profit community or civic organization. Of the members
8initially appointed to the Board, 2 shall serve until the first
9Monday in March of 2019, one shall serve until the first Monday
10in March of 2020, one shall serve until the first Monday in
11March of 2021, and one shall serve until the first Monday in
12March of 2022, thereafter all members shall be appointed for
13terms of 4 years. Members shall serve until their successors
14are appointed and qualified. Whenever a vacancy in the office
15of member shall occur, the Sheriff shall, with the advice and
16consent of the county board, appoint a person to serve for the
17remainder of the unexpired term. No more than 3 members of the
18Board shall be affiliated with the same political party.
19    It is the intent of the General Assembly that the Cook
20County Sheriff's Merit Board created under this subsection (b)
21shall act as the successor agency to the former Merit Board
22created under subsection (a) of this Section for purposes of
23the former Merit Board's responsibilities.
24    The Cook County Sheriff's Merit Board shall inherit and
25subsume all written charges filed before the former Merit Board
26created under subsection (a) of this Section and all decisions



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1and actions of the former Merit Board made pursuant to Sections
23-7006, 3-7007, 3-7008, 3-7009, 3-7010, or 3-7012 and prior to
3the effective date of this amendatory Act of the 100th General
4Assembly and may preside over, amend, correct, or defend these
5decisions and actions as required or permitted by law.
6    The Cook County Sheriff's Merit Board shall ensure that all
7applicable federal and State laws are followed and enforced.
8The Cook County Sheriff's Merit Board shall ensure that the
9hiring and promotional practices of sworn officers by the
10Sheriff's Office reflect the diverse demographics of Cook
11County and that those priorities give preference to honorably
12discharged veterans of the Armed Forces of the United States of
14(Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97;
1590-655, eff. 7-30-98; 91-722, eff. 6-2-00.)
16    (55 ILCS 5/3-7003)  (from Ch. 34, par. 3-7003)
17    Sec. 3-7003. Compensation and expenses of board members.
18Each member of the Board shall receive compensation or a
19stipend as determined by the county board; the county board may
20provide additional compensation for service as chairman or
21secretary. Each member shall be reimbursed for expenses
22necessarily incurred in discharging the duties of his or her
23office. Such compensation and reimbursement shall be paid by
24the county; no other fringe or pension benefits shall be
25provided. Each member of the Board shall receive compensation



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1for each day during which he is engaged in transacting the
2business of the Board and, in addition thereto, his actual
3traveling and other expenses necessarily incurred in
4discharging the duties of his office. No member of the Board
5shall receive compensation of more than $25,000 in any fiscal
6year, except that the Chairman shall receive compensation of no
7more than $30,000 in any fiscal year. Such compensation
8expenses shall be paid by the county.
9(Source: P.A. 91-722, eff. 6-2-00.)
10    (55 ILCS 5/3-7005)  (from Ch. 34, par. 3-7005)
11    Sec. 3-7005. Meetings.
12    As soon as practicable after the members of the Board have
13been appointed, they shall meet, upon the call of the Sheriff,
14and shall organize by selecting a chairman and a secretary. The
15initial chairman and secretary, and their successors, shall be
16selected by the Board from among its members for a term of 2
17years or for the remainder of their term of office as a member
18of the Board, whichever is the shorter. Three Two members of
19the Board shall constitute a quorum for the transaction of
20business, except that as additional members are appointed under
21authority of this amendatory Act of 1997, the number of members
22that must be present to constitute a quorum shall be the number
23of members that constitute at least 40% of the Board. The Board
24shall hold regular quarterly meetings and such other meetings
25as may be called by the chairman. The Board shall meet at the



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1call of the Sheriff for the purpose of naming a successor
2chairman or secretary whenever there is a vacancy in either of
3those offices, or to transact any other business before the
5(Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97;
690-655, eff. 7-30-98.)
7    (55 ILCS 5/3-7008)  (from Ch. 34, par. 3-7008)
8    Sec. 3-7008. Appointments. The appointment of deputy
9sheriffs in the Police Department, full-time deputy sheriffs
10not employed as county police officers or county corrections
11officers and of employees in the Department of Corrections
12shall be made from those applicants who have been certified by
13the Board as being qualified for appointment. Certification for
14appointment in one department shall not constitute
15certification for appointment in another department. All
16persons so appointed shall, at the time of their appointment,
17be not less than 21 years of age, or 20 years of age and have
18successfully completed 2 years of law enforcement studies at an
19accredited college or university. Any person appointed
20subsequent to successful completion of 2 years of such law
21enforcement studies shall not have power of arrest, nor shall
22he or she be permitted to carry firearms, until he or she
23reaches 21 years of age. In addition, all persons so appointed
24shall be not more than the maximum age limit fixed by the Board
25from time to time, be of sound mind and body, be of good moral



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1character, be citizens of the United States, have not been
2convicted of a crime which the Board considers to be
3detrimental to the applicant's ability to carry out his or her
4duties, possess such prerequisites of training, education and
5experience as the Board may from time to time prescribe, and
6shall be required to pass successfully mental, physical,
7psychiatric and other tests and examinations as may be
8prescribed by the Board. Preference shall be given in such
9appointments to persons who have honorably served in the
10military or naval services of the United States. Before
11entering upon his or her duties, each deputy sheriff in the
12County Police Department shall execute a good and sufficient
13bond, payable to the People of the State of Illinois, in the
14penal sum of $1,000 and to the Sheriff of the County where he
15or she is employed in the sum of $10,000, conditioned on the
16faithful performance of his or her duties. All appointees shall
17serve a probationary period of 12 months and during that period
18may be discharged at the will of the Sheriff. However, civil
19service employees of the house of correction who have certified
20status at the time of the transfer of the house of correction
21to the County Department of Corrections are not subject to this
22probationary period, and they shall retain their job titles,
23such tenure privileges as are now enjoyed and any subsequent
24title changes shall not cause reduction in rank or elimination
25of positions.
26(Source: P.A. 86-962.)



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1    (55 ILCS 5/3-7011)  (from Ch. 34, par. 3-7011)
2    Sec. 3-7011. Disciplinary measures. In Cook County, the
3Sheriff, or his or her designee, is solely responsible for the
4issuance of all disciplinary measures against a sworn officer
5when the maximum punishment for the violation alleged is the
6suspension of the sworn officer for a period not exceeding 90
7days, subject to review under the provisions of the applicable
8collective bargaining agreement. Any allegation against a
9sworn officer which would result in suspension for a period of
10greater than 90 days shall be adjudicated as provided under
11Section 3-7012.
12Disciplinary measures prescribed by the Board may be taken by
13the sheriff for the punishment of infractions of the rules and
14regulations promulgated by the Board. Such disciplinary
15measures may include suspension of any deputy sheriff in the
16County Police Department, any full-time deputy sheriff not
17employed as a county police officer or county corrections
18officer and any employee in the County Department of
19Corrections for a reasonable period, not exceeding 30 days,
20without complying with the provisions of Section 3-7012 hereof.
21(Source: P.A. 86-962.)
22    (55 ILCS 5/3-7012)  (from Ch. 34, par. 3-7012)
23    Sec. 3-7012. Removal, demotion or suspension. Except as is
24otherwise provided in this Division, no deputy sheriff in the



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1County Police Department, no full-time deputy sheriff not
2employed as a county police officer or county corrections
3officer and no employee in the County Department of Corrections
4shall be removed, demoted or suspended except for cause, upon
5written charges filed with the Board by the Sheriff and a
6hearing before the Board, or a hearing officer designated by
7the Board, thereon upon not less than 10 days' notice at a
8place to be designated by the chairman thereof. At such
9hearing, the accused deputy sheriff shall be afforded full
10opportunity to be heard in his or her own defense and to
11produce proof in his or her defense. The Board, or a hearing
12officer designated by the Board, shall have the power to secure
13by its subpoena both the attendance and testimony of witnesses
14and the production of books and papers in support of the
15charges and for the defense. The fees of witnesses for
16attendance and travel shall be the same as the fees of
17witnesses before the circuit courts of this State, and shall be
18paid in the same manner as other expenses of the Board. Each
19member of the Board, and hearing officers designated by the
20Board, shall have the power to administer oaths or
21affirmations. If the charges against an accused deputy sheriff
22are established by a preponderance of evidence, the Board, or a
23hearing officer designated by the Board, shall make a finding
24of guilty and order either removal, demotion, suspension for a
25period of not more than 180 days, or such other disciplinary
26punishment as may be prescribed by the rules and regulations of



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1the Board which, in the opinion of the members thereof, the
2offense merits. Thereupon the sheriff shall direct such removal
3or other punishment as ordered by the Board and if the accused
4deputy sheriff refuses to abide by any such disciplinary order,
5the sheriff shall remove him or her forthwith.
6    In case of the neglect or refusal of any person to obey a
7subpoena issued by the Board, or a hearing officer designated
8by the Board, any circuit court or a judge thereof, upon
9application of any member of the Board, or a designated hearing
10officer, may order such person to appear before the Board and
11give testimony or produce evidence, and any failure to obey
12such order is punishable by the court as a contempt thereof.
13    The Board shall, except for good cause shown and set forth
14on the record, render its decision within 90 days following the
15conclusion of any hearing conducted under the provisions of
16this Section.
17    The provisions of the Administrative Review Law, and all
18amendments and modifications thereof, and the rules adopted
19pursuant thereto, shall apply to and govern all proceedings for
20the judicial review of any order of the Board rendered pursuant
21to the provisions of this Section.
22(Source: P.A. 86-962.)
23    (55 ILCS 5/3-7018 new)
24    Sec. 3-7018. Annual reports. On January 31, 2019, and on
25January 31 of each year thereafter, the Board shall publish an



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1annual report, which shall be available on the website of the
2Cook County Sheriff. The annual report of the Board shall
3contain a summary of hiring and promotions of the preceding
4year, together with a summary of the Board's disciplinary
5proceedings of the preceding year.
6    (55 ILCS 5/3-7007 rep.)
7    Section 10. The Counties Code is amended by repealing
8Section 3-7007.
9    Section 99. Effective date. This Act takes effect December
101, 2017.".