Illinois General Assembly - Full Text of HB5009
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB5009  102nd General Assembly

HB5009 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5009

 

Introduced 1/27/2022, by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Public Labor Relations Act. Provides that notwithstanding the provisions of the Act and the Uniform Arbitration Act, arbitrators' decisions involving peace officer terminations or suspensions of more than 30 days are subject to judicial review under the Administrative Review Law. Amends the Uniform Peace Officers' Disciplinary Act. Provides that for purposes of an arbitration proceeding concerning alleged misconduct by a peace officer: (1) a law enforcement agency or, if applicable, a civilian or community oversight board, agency or review body, has the burden of proof by a preponderance of the evidence to show that: (1) the officer engaged in the alleged misconduct; and (2) created to oversee disciplinary matters concerning law enforcement officers pursuant to a city charter or ordinance for which a measure that included the question of whether to establish the board, agency, or body. Provides that when the imposed disciplinary action is termination of employment, an arbitrator may not set aside or reduce the imposed disciplinary action if setting aside or reducing the disciplinary action is inconsistent with the public interest in maintaining community trust, enforcing a higher standard of conduct for officers and ensuring an accountable, fair, and just disciplinary process. Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall adopt rules that prescribe uniform: (1) standards of conduct, including guidelines and procedures, to which law enforcement officers shall adhere; and (2) disciplinary standards and procedures, including a range of disciplinary actions that may include consideration of aggravating or mitigating circumstances, by which a law enforcement agency, a civilian or community oversight board, agency or review body, and an arbitrator who serves in an arbitration proceeding concerning peace officer discipline. Makes other changes.


LRB102 23438 RLC 32608 b

 

 

A BILL FOR

 

HB5009LRB102 23438 RLC 32608 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 1. This Act may be referred to as the Equitable
5Arbitration Act.
 
6    Section 5. The Illinois Public Labor Relations Act is
7amended by changing Sections 6 and 8 as follows:
 
8    (5 ILCS 315/6)  (from Ch. 48, par. 1606)
9    Sec. 6. Right to organize and bargain collectively;
10exclusive representation; and fair share arrangements.
11    (a) Employees of the State and any political subdivision
12of the State, excluding employees of the General Assembly of
13the State of Illinois and employees excluded from the
14definition of "public employee" under subsection (n) of
15Section 3 of this Act, have, and are protected in the exercise
16of, the right of self-organization, and may form, join or
17assist any labor organization, to bargain collectively through
18representatives of their own choosing on questions of wages,
19hours and other conditions of employment, not excluded by
20Section 4 of this Act, and to engage in other concerted
21activities not otherwise prohibited by law for the purposes of
22collective bargaining or other mutual aid or protection, free

 

 

HB5009- 2 -LRB102 23438 RLC 32608 b

1from interference, restraint or coercion. Employees also have,
2and are protected in the exercise of, the right to refrain from
3participating in any such concerted activities. Employees may
4be required, pursuant to the terms of a lawful fair share
5agreement, to pay a fee which shall be their proportionate
6share of the costs of the collective bargaining process,
7contract administration and pursuing matters affecting wages,
8hours and other conditions of employment as defined in Section
93(g).
10    (b) Nothing in this Act prevents an employee from
11presenting a grievance to the employer and having the
12grievance heard and settled without the intervention of an
13employee organization; provided that the exclusive bargaining
14representative is afforded the opportunity to be present at
15such conference and that any settlement made shall not be
16inconsistent with the terms of any agreement in effect between
17the employer and the exclusive bargaining representative.
18    (c) A labor organization designated by the Board as the
19representative of the majority of public employees in an
20appropriate unit in accordance with the procedures herein or
21recognized by a public employer as the representative of the
22majority of public employees in an appropriate unit is the
23exclusive representative for the employees of such unit for
24the purpose of collective bargaining with respect to rates of
25pay, wages, hours and other conditions of employment not
26excluded by Section 4 of this Act. Unless otherwise mutually

 

 

HB5009- 3 -LRB102 23438 RLC 32608 b

1agreed, a public employer is required at least once each month
2and upon request, to furnish the exclusive bargaining
3representative with a complete list of the names and addresses
4of the public employees in the bargaining unit, provided that
5a public employer shall not be required to furnish such a list
6more than once per payroll period. The exclusive bargaining
7representative shall use the list exclusively for bargaining
8representation purposes and shall not disclose any information
9contained in the list for any other purpose. Nothing in this
10Section, however, shall prohibit a bargaining representative
11from disseminating a list of its union members.
12    At the time the public employer provides such list, it
13shall also provide to the exclusive representative, in an
14Excel file or other mutually agreed upon editable digital file
15format, the employee's job title, worksite location, work
16telephone numbers, identification number if available, and any
17home and personal cellular telephone numbers on file with the
18employer, date of hire, work email address, and any personal
19email address on file with the employer. In addition, unless
20otherwise mutually agreed, within 10 calendar days from the
21date of hire of a bargaining unit employee, the public
22employer shall provide to the exclusive representative, in an
23electronic file or other mutually agreed upon format, the
24following information about the new employee: the employee's
25name, job title, worksite location, home address, work
26telephone numbers, and any home and personal cellular

 

 

HB5009- 4 -LRB102 23438 RLC 32608 b

1telephone numbers on file with the employer, date of hire,
2work email address, and any personal email address on file
3with the employer.
4    (c-5) No employer shall disclose the following information
5of any employee: (1) the employee's home address (including
6ZIP code and county); (2) the employee's date of birth; (3) the
7employee's home and personal phone number; (4) the employee's
8personal email address; (5) any information personally
9identifying employee membership or membership status in a
10labor organization or other voluntary association affiliated
11with a labor organization or a labor federation (including
12whether employees are members of such organization, the
13identity of such organization, whether or not employees pay or
14authorize the payment of any dues or moneys to such
15organization, and the amounts of such dues or moneys); and (6)
16emails or other communications between a labor organization
17and its members.
18    As soon as practicable after receiving a request for any
19information prohibited from disclosure under this subsection
20(c-5), excluding a request from the exclusive bargaining
21representative of the employee, the employer must provide a
22written copy of the request, or a written summary of any oral
23request, to the exclusive bargaining representative of the
24employee or, if no such representative exists, to the
25employee. The employer must also provide a copy of any
26response it has made within 5 business days of sending the

 

 

HB5009- 5 -LRB102 23438 RLC 32608 b

1response to any request.
2    If an employer discloses information in violation of this
3subsection (c-5), an aggrieved employee of the employer or his
4or her exclusive bargaining representative may file an unfair
5labor practice charge with the Illinois Labor Relations Board
6pursuant to Section 10 of this Act or commence an action in the
7circuit court to enforce the provisions of this Act, including
8actions to compel compliance, if an employer willfully and
9wantonly discloses information in violation of this
10subsection. The circuit court for the county in which the
11complainant resides, in which the complainant is employed, or
12in which the employer is located shall have jurisdiction in
13this matter.
14    This subsection does not apply to disclosures (i) required
15under the Freedom of Information Act, (ii) for purposes of
16conducting public operations or business, or (iii) to the
17exclusive representative.
18    (c-10) Employers shall provide to exclusive
19representatives, including their agents and employees,
20reasonable access to employees in the bargaining units they
21represent. This access shall at all times be conducted in a
22manner so as not to impede normal operations.
23        (1) Access includes the following:
24            (A) the right to meet with one or more employees on
25        the employer's premises during the work day to
26        investigate and discuss grievances and

 

 

HB5009- 6 -LRB102 23438 RLC 32608 b

1        workplace-related complaints without charge to pay or
2        leave time of employees or agents of the exclusive
3        representative;
4            (B) the right to conduct worksite meetings during
5        lunch and other non-work breaks, and before and after
6        the workday, on the employer's premises to discuss
7        collective bargaining negotiations, the administration
8        of collective bargaining agreements, other matters
9        related to the duties of the exclusive representative,
10        and internal matters involving the governance or
11        business of the exclusive representative, without
12        charge to pay or leave time of employees or agents of
13        the exclusive representative;
14            (C) the right to meet with newly hired employees,
15        without charge to pay or leave time of the employees or
16        agents of the exclusive representative, on the
17        employer's premises or at a location mutually agreed
18        to by the employer and exclusive representative for up
19        to one hour either within the first two weeks of
20        employment in the bargaining unit or at a later date
21        and time if mutually agreed upon by the employer and
22        the exclusive representative; and
23            (D) the right to use the facility mailboxes and
24        bulletin boards of the employer to communicate with
25        bargaining unit employees regarding collective
26        bargaining negotiations, the administration of the

 

 

HB5009- 7 -LRB102 23438 RLC 32608 b

1        collective bargaining agreements, the investigation of
2        grievances, other workplace-related complaints and
3        issues, and internal matters involving the governance
4        or business of the exclusive representative.
5        (2) Nothing in this Section shall prohibit an employer
6    and exclusive representative from agreeing in a collective
7    bargaining agreement to provide the exclusive
8    representative greater access to bargaining unit
9    employees, including through the use of the employer's
10    email system.
11    (d) Labor organizations recognized by a public employer as
12the exclusive representative or so designated in accordance
13with the provisions of this Act are responsible for
14representing the interests of all public employees in the
15unit. Nothing herein shall be construed to limit an exclusive
16representative's right to exercise its discretion to refuse to
17process grievances of employees that are unmeritorious.
18    (e) When a collective bargaining agreement is entered into
19with an exclusive representative, it may include in the
20agreement a provision requiring employees covered by the
21agreement who are not members of the organization to pay their
22proportionate share of the costs of the collective bargaining
23process, contract administration and pursuing matters
24affecting wages, hours and conditions of employment, as
25defined in Section 3 (g), but not to exceed the amount of dues
26uniformly required of members. The organization shall certify

 

 

HB5009- 8 -LRB102 23438 RLC 32608 b

1to the employer the amount constituting each nonmember
2employee's proportionate share which shall not exceed dues
3uniformly required of members. In such case, the proportionate
4share payment in this Section shall be deducted by the
5employer from the earnings of the nonmember employees and paid
6to the employee organization.
7    (f) Employers shall make payroll deductions of labor
8organization dues, initiation fees, assessments, and other
9payments for a labor organization that is the exclusive
10representative. Such deductions shall be made in accordance
11with the terms of an employee's written authorization, and
12shall be paid to the exclusive representative. Written
13authorization may be evidenced by electronic communications,
14and such writing or communication may be evidenced by the
15electronic signature of the employee as provided under Section
165-120 of the Uniform Electronic Transactions Act.
17    There is no impediment to an employee's right to resign
18union membership at any time. However, notwithstanding any
19other provision of law to the contrary regarding authorization
20and deduction of dues or other payments to a labor
21organization, the exclusive representative and a public
22employee may agree to reasonable limits on the right of the
23employee to revoke such authorization, including a period of
24irrevocability that exceeds one year. An authorization that is
25irrevocable for one year, which may be automatically renewed
26for successive annual periods in accordance with the terms of

 

 

HB5009- 9 -LRB102 23438 RLC 32608 b

1the authorization, and that contains at least an annual 10-day
2period of time during which the employee may revoke the
3authorization, shall be deemed reasonable.
4    This Section shall apply to all claims that allege that a
5labor organization or a public employer has improperly
6deducted or collected dues from an employee without regard to
7whether the claims or the facts upon which they are based
8occurred before, on, or after the effective date of this
9amendatory Act of the 101st General Assembly and shall apply
10retroactively to the maximum extent permitted by law.
11    (f-5) Where a collective bargaining agreement is
12terminated, or continues in effect beyond its scheduled
13expiration date pending the negotiation of a successor
14agreement or the resolution of an impasse under Section 14,
15the employer shall continue to honor and abide by any dues
16deduction or fair share clause contained therein until a new
17agreement is reached including dues deduction or a fair share
18clause. For the benefit of any successor exclusive
19representative certified under this Act, this provision shall
20be applicable, provided the successor exclusive
21representative:
22        (i) certifies to the employer the amount constituting
23    each non-member's proportionate share under subsection
24    (e); or
25        (ii) presents the employer with employee written
26    authorizations for the deduction of dues, assessments, and

 

 

HB5009- 10 -LRB102 23438 RLC 32608 b

1    fees under this subsection.
2    Failure to so honor and abide by dues deduction or fair
3share clauses for the benefit of any exclusive representative,
4including a successor, shall be a violation of the duty to
5bargain and an unfair labor practice.
6    (f-10) Upon receiving written notice of authorization, the
7public employer must commence dues deductions as soon as
8practicable, but in no case later than 30 days after receiving
9notice from the labor organization. Employee deductions shall
10be transmitted to the labor organization no later than 30 days
11after they are deducted unless a shorter period is mutually
12agreed to.
13    (f-15) Deductions shall remain in effect until:
14        (1) the public employer receives notice that a public
15    employee has revoked their authorization in writing in
16    accordance with the terms of the authorization; or
17        (2) the individual employee is no longer employed by
18    the public employer in a bargaining unit position
19    represented by the same exclusive representative, provided
20    that if the employee is, within a period of one year,
21    employed by the same public employer in a position
22    represented by the same labor organization, the right to
23    dues deduction shall be automatically reinstated.
24    Nothing in this subsection prevents an employee from
25continuing to authorize payroll deductions when no longer
26represented by the exclusive representative that would receive

 

 

HB5009- 11 -LRB102 23438 RLC 32608 b

1such deduction.
2    Should the individual employee who has signed a dues
3deduction authorization card either be removed from a public
4employer's payroll or otherwise placed on any type of
5involuntary or voluntary leave of absence, whether paid or
6unpaid, the public employee's dues deduction shall be
7continued upon that public employee's return to the payroll in
8a bargaining unit position represented by the same exclusive
9representative or restoration to active duty from such a leave
10of absence.
11    (f-20) Unless otherwise mutually agreed by the public
12employer and the exclusive representative, employee requests
13to authorize, revoke, cancel, or change authorizations for
14payroll deductions for labor organizations shall be directed
15to the labor organization rather than to the public employer.
16The labor organization shall be responsible for initially
17processing and notifying the public employer of proper
18requests or providing proper requests to the employer. If the
19requests are not provided to the public employer, the employer
20shall rely on information provided by the labor organization
21regarding whether deductions for a labor organization were
22properly authorized, revoked, canceled, or changed, and the
23labor organization shall indemnify the public employer for any
24damages and reasonable costs incurred for any claims made by
25employees for deductions made in good faith reliance on that
26information.

 

 

HB5009- 12 -LRB102 23438 RLC 32608 b

1    (f-25) Upon receipt by the exclusive representative of an
2appropriate written authorization from an employee, written
3notice of authorization shall be provided to the employer and
4any authorized deductions shall be made in accordance with
5law. The labor organization shall indemnify the public
6employer for any damages and reasonable costs incurred for any
7claims made by employees for deductions made in good faith
8reliance on its notification.
9    (f-30) The failure of an employer to comply with the
10provisions of this Section shall be a violation of the duty to
11bargain and an unfair labor practice. Relief for the violation
12shall be reimbursement by the public employer of dues that
13should have been deducted or paid based on a valid
14authorization given by the employee or employees. In addition,
15the provisions of a collective bargaining agreement that
16contain the obligations set forth in this Section may be
17enforced in accordance with Sections 8 and 16.
18    (f-35) The Illinois Labor Relations Board shall have
19exclusive jurisdiction over claims under Illinois law that
20allege that a labor organization has unlawfully collected dues
21from a public employee in violation of this Act. The Board
22shall by rule require that in cases in which a public employee
23alleges that a labor organization has unlawfully collected
24dues, the public employer shall continue to deduct the
25employee's dues from the employee's pay, but shall transmit
26the dues to the Board for deposit in an escrow account

 

 

HB5009- 13 -LRB102 23438 RLC 32608 b

1maintained by the Board. If the exclusive representative
2maintains an escrow account for the purpose of holding dues to
3which an employee has objected, the employer shall transmit
4the entire amount of dues to the exclusive representative, and
5the exclusive representative shall hold in escrow the dues
6that the employer would otherwise have been required to
7transmit to the Board for escrow; provided that the escrow
8account maintained by the exclusive representative complies
9with rules adopted by the Board or that the collective
10bargaining agreement requiring the payment of the dues
11contains an indemnification provision for the purpose of
12indemnifying the employer with respect to the employer's
13transmission of dues to the exclusive representative.
14    (f-40) If any clause, sentence, paragraph, or subparagraph
15of this Section shall be adjudged by a court of competent
16jurisdiction to be unconstitutional or otherwise invalid, that
17judgment shall not affect, impair, or invalidate the remainder
18thereof, but shall be confined in its operation to the clause,
19sentence, paragraph, or subparagraph of this Section directly
20involved in the controversy in which that judgment shall have
21been rendered.
22    If any clause, sentence, paragraph, or part of a signed
23authorization for payroll deductions shall be adjudged by a
24court of competent jurisdiction to be unconstitutional or
25otherwise invalid, that judgment shall not affect, impair, or
26invalidate the remainder of the signed authorization, but

 

 

HB5009- 14 -LRB102 23438 RLC 32608 b

1shall be confined in its operation to the clause, sentence,
2paragraph, or part of the signed authorization directly
3involved in the controversy in which that judgment shall have
4been rendered.
5    (g) Agreements containing a fair share agreement must
6safeguard the right of nonassociation of employees based upon
7bona fide religious tenets or teachings of a church or
8religious body of which such employees are members. Such
9employees may be required to pay an amount equal to their fair
10share, determined under a lawful fair share agreement, to a
11nonreligious charitable organization mutually agreed upon by
12the employees affected and the exclusive bargaining
13representative to which such employees would otherwise pay
14such service fee. If the affected employees and the bargaining
15representative are unable to reach an agreement on the matter,
16the Board may establish an approved list of charitable
17organizations to which such payments may be made.
18    (h) This Section is subject to the provisions of Sections
198.1 and 8.2 of the Uniform Peace Officers' Disciplinary Act.
20(Source: P.A. 101-620, eff. 12-20-19; 102-38, eff. 6-25-21.)
 
21    (5 ILCS 315/8)  (from Ch. 48, par. 1608)
22    Sec. 8. Grievance Procedure.
23    (a) The collective bargaining agreement negotiated between
24the employer and the exclusive representative shall contain a
25grievance resolution procedure which shall apply to all

 

 

HB5009- 15 -LRB102 23438 RLC 32608 b

1employees in the bargaining unit and shall provide for final
2and binding arbitration of disputes concerning the
3administration or interpretation of the agreement unless
4mutually agreed otherwise. Any agreement containing a final
5and binding arbitration provision shall also contain a
6provision prohibiting strikes for the duration of the
7agreement. Except as otherwise provided in Sections 8.1 and
88.2 of the Uniform Peace Officers' Disciplinary Act, the The
9grievance and arbitration provisions of any collective
10bargaining agreement shall be subject to the Illinois "Uniform
11Arbitration Act". The costs of such arbitration shall be borne
12equally by the employer and the employee organization.
13Notwithstanding the provisions of this Act and the Uniform
14Arbitration Act, arbitrators' decisions involving peace
15officer terminations or suspensions of more than 30 days are
16subject to judicial review under the Administrative Review
17Law.
18    (b)(1) A public employer that is a law enforcement agency
19may enter into a written agreement with the exclusive
20representative of an appropriate bargaining unit of peace
21officers setting forth a grievance procedure culminating in
22binding arbitration or any other dispute resolution process
23agreed to by the parties. As a condition of enforceability,
24any arbitration award that orders the reinstatement of a peace
25officer or otherwise relieves the peace officer of
26responsibility for misconduct shall comply with public policy

 

 

HB5009- 16 -LRB102 23438 RLC 32608 b

1requirements as clearly defined in statutes or judicial
2decisions, including, but not limited to, policies respecting
3sexual harassment or sexual misconduct, unjustified and
4egregious use of physical or deadly force and serious criminal
5misconduct, related to work. In addition, with respect to
6claims that a grievant should be reinstated or otherwise
7relieved of responsibility for misconduct based upon the
8public employer's alleged previous differential treatment of
9peace officer employees for the same or similar conduct, the
10arbitration award must conform to the following principles:
11        (A) Some misconduct is so egregious that no employee
12    can reasonably rely on past treatment for similar offenses
13    as a justification or defense to discharge or other
14    discipline.
15        (B) Public managers have a right to change
16    disciplinary policies at any time, notwithstanding prior
17    practices, if the managers give reasonable advance notice
18    to affected peace officer employees and the change does
19    not otherwise violate a collective bargaining agreement.
20    (2) In addition to paragraph (1) of this subsection, a
21public employer may enter into a written agreement with the
22exclusive representative of its employees providing that a
23labor dispute over conditions and terms of a contract may be
24resolved through binding arbitration.
25    (3) In an arbitration proceeding under this subsection,
26the arbitrators, or a majority of the arbitrators, may:

 

 

HB5009- 17 -LRB102 23438 RLC 32608 b

1            (A) issue subpoenas on their own motion or at the
2        request of a party to the proceeding to: (i) compel the
3        attendance of a witness properly served by either
4        party; and (ii) Require from either party the
5        production of books, papers and documents the
6        arbitrators find are relevant to the proceeding;
7            (B) administer oaths or affirmations to witnesses;
8        and
9            (C) adjourn a hearing from day to day, or for a
10        longer time, and from place to place.
11    (4) The arbitrators shall promptly provide a copy of a
12subpoena issued under this subsection to each party to the
13arbitration proceeding.
14    (5) The arbitrators issuing a subpoena under this
15subsection may rule on objections to the issuance of the
16subpoena.
17    (6) If a person fails to comply with a subpoena issued
18under this subsection or if a witness refuses to testify on a
19matter on which the witness may be lawfully questioned, the
20party who requested the subpoena or seeks the testimony may
21apply to the arbitrators for an order authorizing the party to
22apply to the circuit court of any county to enforce the
23subpoena or compel the testimony. On the application of the
24attorney of record for the party or on the application of the
25arbitrators, or a majority of the arbitrators, the court may
26require the person or witness to show cause why the person or

 

 

HB5009- 18 -LRB102 23438 RLC 32608 b

1witness should not be punished for contempt of court to the
2same extent and purpose as if the proceedings were pending
3before the court.
4    (7) Witnesses appearing pursuant to subpoena, other than
5parties or officers or employees of the public employer, shall
6receive fees and mileage as prescribed by law for witnesses in
7civil cases.
8(Source: P.A. 83-1012.)
 
9    Section 10. The Illinois Police Training Act is amended by
10by changing Section 6.3 and by adding Section 6.8 as follows:
 
11    (50 ILCS 705/6.3)
12    Sec. 6.3. Discretionary decertification of full-time and
13part-time law enforcement officers.
14    (a) Definitions. For purposes of this Section 6.3:
15    "Duty to intervene" means an obligation to intervene to
16prevent harm from occurring that arises when: an officer is
17present, and has reason to know (1) that excessive force is
18being used or that any constitutional violation has been
19committed by a law enforcement official; and (2) the officer
20has a realistic opportunity to intervene. This duty applies
21equally to supervisory and nonsupervisory officers. If aid is
22required, the officer shall not, when reasonable to administer
23aid, knowingly and willingly refuse to render aid as defined
24by State or federal law. An officer does not violate this duty

 

 

HB5009- 19 -LRB102 23438 RLC 32608 b

1if the failure to render aid is due to circumstances such as
2lack of appropriate specialized training, lack of resources or
3equipment, or if it is unsafe or impracticable to render aid.
4    "Excessive use of force" means using force in violation of
5State or federal law.
6    "False statement" means (1) any knowingly false statement
7provided on a form or report, (2) that the writer does not
8believe to be true, and (3) that the writer includes to mislead
9a public servant in performing the public servant's official
10functions.
11    "Perjury" means that as defined under Sections 32-2 and
1232-3 of the Criminal Code of 2012.
13    "Tampers with or fabricates evidence" means if a law
14enforcement officer (1) has reason to believe that an official
15proceeding is pending or may be instituted, and (2) alters,
16destroys, conceals, or removes any record, document, data,
17video or thing to impair its validity or availability in the
18proceeding.
19    (b) Decertification conduct. The Board has the authority
20to decertify a full-time or a part-time law enforcement
21officer upon a determination by the Board that the law
22enforcement officer has:
23        (1) committed an act that would constitute a felony or
24    misdemeanor which could serve as basis for automatic
25    decertification, whether or not the law enforcement
26    officer was criminally prosecuted, and whether or not the

 

 

HB5009- 20 -LRB102 23438 RLC 32608 b

1    law enforcement officer's employment was terminated;
2        (2) exercised excessive use of force;
3        (3) failed to comply with the officer's duty to
4    intervene, including through acts or omissions;
5        (4) tampered with a dash camera or body-worn camera or
6    data recorded by a dash camera or body-worn camera or
7    directed another to tamper with or turn off a dash camera
8    or body-worn camera or data recorded by a dash camera or
9    body-worn camera for the purpose of concealing, destroying
10    or altering potential evidence;
11        (5) engaged in the following conduct relating to the
12    reporting, investigation, or prosecution of a crime:
13    committed perjury, made a false statement, or knowingly
14    tampered with or fabricated evidence; and
15        (6) engaged in any unprofessional, unethical,
16    deceptive, or deleterious conduct or practice harmful to
17    the public; such conduct or practice need not have
18    resulted in actual injury to any person. As used in this
19    paragraph, the term "unprofessional conduct" shall include
20    any departure from, or failure to conform to, the minimal
21    standards of acceptable and prevailing practice of an
22    officer; and .
23        (7) violated the uniform standards of law enforcement
24    officer conduct prescribed under Section 6.8.
25        
26    (c) Notice of alleged violation Alleged Violation.

 

 

HB5009- 21 -LRB102 23438 RLC 32608 b

1        (1) The following individuals and agencies shall
2    notify the Board within 7 days of becoming aware of any
3    violation described in subsection (b):
4            (A) A governmental agency as defined in Section 2
5        or any law enforcement officer of this State. For this
6        subsection (c), governmental agency includes, but is
7        not limited to, a civilian review board, an inspector
8        general, and legal counsel for a governmental
9        government agency.
10            (B) The Executive Director of the Board. ;
11            (C) A State's Attorney's Office of this State.
12        "Becoming aware" does not include confidential
13    communications between agency lawyers and agencies
14    regarding legal advice. For purposes of this subsection,
15    "governmental agency" does not include the Illinois
16    Attorney General when providing legal representation to a
17    law enforcement officer under the State Employee
18    Indemnification Act.
19        (2) Any person may also notify the Board of any
20    conduct the person believes a law enforcement officer has
21    committed as described in subsection (b). Such
22    notifications may be made confidentially. Notwithstanding
23    any other provision in State state law or any collective
24    bargaining agreement, the Board shall accept notice and
25    investigate any allegations from individuals who remain
26    confidential.

 

 

HB5009- 22 -LRB102 23438 RLC 32608 b

1        (3) Upon written request, the Board shall disclose to
2    the individual or entity who filed a notice of violation
3    the status of the Board's review.
4    (d) Form. The notice of violation reported under
5subsection (c) shall be on a form prescribed by the Board in
6its rules. The form shall be publicly available by paper and
7electronic means. The form shall include fields for the
8following information, at a minimum:
9        (1) the full name, address, and telephone number of
10    the person submitting the notice;
11        (2) if submitted under paragraph subsection (c)(1),
12    the agency name and title of the person submitting the
13    notice;
14        (3) the full name, badge number, governmental agency,
15    and physical description of the officer, if known;
16        (4) the full name or names, address or addresses,
17    telephone number or numbers, and physical description or
18    descriptions of any witnesses, if known;
19        (5) a concise statement of facts that describe the
20    alleged violation and any copies of supporting evidence,
21    including, but not limited to, any photographic, video, or
22    audio recordings of the incident;
23        (6) whether the person submitting the notice has
24    notified any other agency; and
25        (7) an option for an individual, who submits directly
26    to the Board, to consent to have the individual's identity

 

 

HB5009- 23 -LRB102 23438 RLC 32608 b

1    disclosed.
2    (a) The identity of any individual providing information
3or reporting any possible or alleged violation to the Board
4shall be kept confidential and may not be disclosed without
5the consent of that individual, unless the individual consents
6to disclosure of the individual's name or disclosure of the
7individual's identity is otherwise required by law. The
8confidentiality granted by this subsection does not preclude
9the disclosure of the identity of a person in any capacity
10other than as the source of an allegation.
11    Nothing in this subsection (d) shall preclude the Board
12from receiving, investigating, or acting upon allegations made
13confidentially or in a format different from the form provided
14for in this subsection.
15    (e) Preliminary review.
16        (1) The Board shall complete a preliminary review of
17    the allegations to determine whether there is sufficient
18    information to warrant a further investigation of any
19    violations of the Act. Upon initiating a preliminary
20    review of the allegations, the Board shall notify the head
21    of the governmental agency that employs the law
22    enforcement officer who is the subject of the allegations.
23    At the request of the Board, the governmental agency must
24    submit any copies of investigative findings, evidence, or
25    documentation to the Board in accordance with rules
26    adopted by the Board to facilitate the Board's preliminary

 

 

HB5009- 24 -LRB102 23438 RLC 32608 b

1    review. The Board may correspond with the governmental
2    agency, official records clerks or any investigative
3    agencies in conducting its preliminary review.
4        (2) During the preliminary review, the Board will take
5    all reasonable steps to discover any and all objective
6    verifiable evidence relevant to the alleged violation
7    through the identification, retention, review, and
8    analysis of all currently available evidence, including,
9    but not limited to: all time-sensitive evidence, audio and
10    video evidence, physical evidence, arrest reports,
11    photographic evidence, GPS records, computer data, lab
12    reports, medical documents, and witness interviews. All
13    reasonable steps will be taken to preserve relevant
14    evidence identified during the preliminary investigation.
15        (3) If after a preliminary review of the alleged
16    violation or violations, the Board believes there is
17    sufficient information to warrant further investigation of
18    any violations of this Act, the alleged violation or
19    violations shall be assigned for investigation in
20    accordance with subsection (f).
21        (4) If after a review of the allegations, the Board
22    believes there is insufficient information supporting the
23    allegations to warrant further investigation, it may close
24    a notice. Notification of the Board's decision to close a
25    notice shall be sent to all relevant individuals,
26    agencies, and any entities that received notice of the

 

 

HB5009- 25 -LRB102 23438 RLC 32608 b

1    violation under subsection (c) within 30 days of the
2    notice being closed, except in cases where the notice is
3    submitted anonymously if the complainant is unknown.
4        (5) Except when the Board has received notice under
5    subparagraph (A) of paragraph (1) of subsection (c), no
6    later than 30 days after receiving notice, the Board shall
7    report any notice of violation it receives to the relevant
8    governmental agency, unless reporting the notice would
9    jeopardize any subsequent investigation. The Board shall
10    also record any notice of violation it receives to the
11    Officer Professional Conduct Database in accordance with
12    Section 9.2. The Board shall report to the appropriate
13    State's Attorney any alleged violations that contain
14    allegations, claims, or factual assertions that, if true,
15    would constitute a violation of Illinois law. The Board
16    shall inform the law enforcement officer via certified
17    mail that it has received a notice of violation against
18    the law enforcement officer.
19        If the Board determines that due to the circumstances
20    and the nature of the allegation that it would not be
21    prudent to notify the law enforcement officer and the
22    officer's governmental agency unless and until the filing
23    of a formal complaint Formal Complaint, the Board shall
24    document in the file the reason or reasons a notification
25    was not made.
26        (6) If a criminal proceeding has been initiated

 

 

HB5009- 26 -LRB102 23438 RLC 32608 b

1    against the law enforcement officer, the Board is
2    responsible for maintaining a current status report
3    including court dates, hearings, pleas, adjudication
4    status and sentencing. A State's Attorney's Office is
5    responsible for notifying the Board of any criminal
6    charges filed against a law enforcement officer.
7    (f) Investigations; requirements. Investigations are to be
8assigned after a preliminary review, unless the investigations
9were closed under paragraph (4) of subsection (e), as follows
10in paragraphs (1), (2), and (3) of this subsection (f).
11        (1) A governmental agency that submits a notice of
12    violation to the Board under subparagraph (A) of paragraph
13    (1) of subsection (c) shall be responsible for conducting
14    an investigation of the underlying allegations except
15    when: (i) the governmental agency refers the notice to
16    another governmental agency or the Board for investigation
17    and such other agency or the Board agrees to conduct the
18    investigation; (ii) an external, independent, or civilian
19    oversight agency conducts the investigation in accordance
20    with local ordinance or other applicable law; or (iii) the
21    Board has determined that it will conduct the
22    investigation based upon the facts and circumstances of
23    the alleged violation, including, but not limited to,
24    investigations regarding the Chief or Sheriff of a
25    governmental agency, familial conflict of interests,
26    complaints involving a substantial portion of a

 

 

HB5009- 27 -LRB102 23438 RLC 32608 b

1    governmental agency, or complaints involving a policy of a
2    governmental agency. Any agency or entity conducting an
3    investigation under this paragraph (1) shall, within 7
4    days of completing an investigation, deliver an
5    Investigative Summary Report and copies of any
6    administrative evidence to the Board. If the Board finds
7    an investigation conducted under this paragraph (1) is
8    incomplete, unsatisfactory, or deficient in any way, the
9    Board may direct the investigating entity or agency to
10    take any additional investigative steps deemed necessary
11    to thoroughly and satisfactorily complete the
12    investigation, or the Board may take any steps necessary
13    to complete the investigation. The investigating entity or
14    agency or, when necessary, the Board will then amend and
15    re-submit the Investigative Summary Report to the Board
16    for approval.
17        (2) The Board shall investigate and complete an
18    Investigative Summary Report when a State's Attorney's
19    Office submits a notice of violation to the Board under
20    subparagraph (c)(1)(C).
21        (3) When a person submits a notice to the Board under
22    paragraph (2) of subsection (c), The Board shall assign
23    the investigation to the governmental agency that employs
24    the law enforcement officer, except when: (i) the
25    governmental agency requests to refer the notice to
26    another governmental agency or the Board for investigation

 

 

HB5009- 28 -LRB102 23438 RLC 32608 b

1    and such other agency or the Board agrees to conduct the
2    investigation; (ii) an external, independent, or civilian
3    oversight agency conducts the investigation in accordance
4    with local ordinance or other applicable law; or (iii) the
5    Board has determined that it will conduct the
6    investigation based upon the facts and circumstances of
7    the alleged violation, including, but not limited to,
8    investigations regarding the Chief or Sheriff of a
9    governmental agency, familial conflict of interests,
10    complaints involving a substantial portion of a
11    governmental agency, or complaints involving a policy of a
12    governmental agency. The investigating entity or agency
13    shall, within 7 days of completing an investigation,
14    deliver an Investigative Summary Report and copies of any
15    evidence to the Board. If the Board finds an investigation
16    conducted under this paragraph subsection (f)(3) is
17    incomplete, unsatisfactory, or deficient in any way, the
18    Board may direct the investigating entity to take any
19    additional investigative steps deemed necessary to
20    thoroughly and satisfactorily complete the investigation,
21    or the Board may take any steps necessary to complete the
22    investigation. The investigating entity or agency or, when
23    necessary, the Board will then amend and re-submit The
24    Investigative Summary Report to the Board for approval.
25    The investigating entity shall cooperate with and assist
26    the Board, as necessary, in any subsequent investigation.

 

 

HB5009- 29 -LRB102 23438 RLC 32608 b

1        (4) Concurrent investigations Investigations. The
2    Board may, at any point, initiate a concurrent
3    investigation under this Section section. The original
4    investigating entity shall timely communicate, coordinate,
5    and cooperate with the Board to the fullest extent. The
6    Board shall promulgate rules that shall address, at a
7    minimum, the sharing of information and investigative
8    means such as subpoenas and interviewing witnesses.
9        (5) Investigative Summary Report. An Investigative
10    Summary Report shall contain, at a minimum, the
11    allegations and elements within each allegation followed
12    by the testimonial, documentary, or physical evidence that
13    is relevant to each such allegation or element listed and
14    discussed in association with it. All persons who have
15    been interviewed and listed in the Investigative Summary
16    Report will be identified as a complainant, witness,
17    person with specialized knowledge, or law enforcement
18    employee.
19        (6) Each governmental agency shall adopt a written
20    policy regarding the investigation of conduct under
21    subsection (b) (a) that involves a law enforcement officer
22    employed by that governmental agency. The written policy
23    adopted must include the following, at a minimum:
24            (a) Each law enforcement officer shall immediately
25        report any conduct under subsection (b) to the
26        appropriate supervising officer.

 

 

HB5009- 30 -LRB102 23438 RLC 32608 b

1            (b) The written policy under this Section shall be
2        available for inspection and copying under the Freedom
3        of Information Act, and not subject to any exemption
4        of that Act.
5        (7) Nothing in this Act shall prohibit a governmental
6    agency from conducting an investigation for the purpose of
7    internal discipline. However, any such investigation shall
8    be conducted in a manner that avoids interference with,
9    and preserves the integrity of, any separate investigation
10    being conducted.
11    (g) Formal complaints. Upon receipt of an Investigative
12Summary Report, the Board shall review the Report and any
13relevant evidence obtained and determine whether there is
14reasonable basis to believe that the law enforcement officer
15committed any conduct that would be deemed a violation of this
16Act. If after reviewing the Report and any other relevant
17evidence obtained, the Board determines that a reasonable
18basis does exist, the Board shall file a formal complaint with
19the Certification Review Panel.
20    (h) Formal complaint hearing Complaint Hearing.
21        (1) Upon issuance of a formal complaint, the Panel
22    shall set the matter for an initial hearing in front of an
23    administrative law judge. At least 30 days before the date
24    set for an initial hearing, the Panel must, in writing,
25    notify the law enforcement officer subject to the
26    complaint of the following:

 

 

HB5009- 31 -LRB102 23438 RLC 32608 b

1            (i) the allegations against the law enforcement
2        officer, the time and place for the hearing, and
3        whether the law enforcement officer's certification
4        has been temporarily suspended under Section 8.3;
5            (ii) the right to file a written answer to the
6        complaint with the Panel within 30 days after service
7        of the notice;
8            (iii) if the law enforcement officer fails to
9        comply with the notice of the default order in
10        paragraph (2), the Panel shall enter a default order
11        against the law enforcement officer along with a
12        finding that the allegations in the complaint are
13        deemed admitted, and that the law enforcement
14        officer's certification may be revoked as a result;
15        and
16            (iv) the law enforcement officer may request an
17        informal conference to surrender the officer's
18        certification.
19        (2) The Board shall send the law enforcement officer
20    notice of the default order. The notice shall state that
21    the officer has 30 days to notify the Board in writing of
22    their desire to have the order vacated and to appear
23    before the Board. If the law enforcement officer does not
24    notify the Board within 30 days, the Board may set the
25    matter for hearing. If the matter is set for hearing, the
26    Board shall send the law enforcement officer the notice of

 

 

HB5009- 32 -LRB102 23438 RLC 32608 b

1    the date, time and location of the hearing. If the law
2    enforcement officer or counsel for the officer does
3    appear, at the Board's discretion, the hearing may proceed
4    or may be continued to a date and time agreed upon by all
5    parties. If on the date of the hearing, neither the law
6    enforcement officer nor counsel for the officer appears,
7    the Board may proceed with the hearing for default in
8    their absence.
9        (3) If the law enforcement officer fails to comply
10    with paragraph (2), all of the allegations contained in
11    the complaint shall be deemed admitted and the law
12    enforcement officer shall be decertified if, by a majority
13    vote of the panel, the conduct charged in the complaint is
14    found to constitute sufficient grounds for decertification
15    under this Act. Notice of the decertification decision may
16    be served by personal delivery, by mail, or, at the
17    discretion of the Board, by electronic means as adopted by
18    rule to the address or email address specified by the law
19    enforcement officer in the officer's last communication
20    with the Board. Notice shall also be provided to the law
21    enforcement officer's governmental agency.
22        (4) The Board, at the request of the law enforcement
23    officer subject to the formal complaint Formal Complaint,
24    may suspend a hearing on a formal complaint Formal
25    Complaint for no more than one year if a concurrent
26    criminal matter is pending. If the law enforcement officer

 

 

HB5009- 33 -LRB102 23438 RLC 32608 b

1    requests to have the hearing suspended, the law
2    enforcement officer's certification shall be deemed
3    inactive until the law enforcement officer's formal
4    complaint Formal Complaint hearing concludes.
5        (5) Surrender of certification or waiver. Upon the
6    Board's issuance of a complaint, and prior to hearing on
7    the matter, a law enforcement officer may choose to
8    surrender the officer's certification or waiver by
9    notifying the Board in writing of the officer's decision
10    to do so. Upon receipt of such notification from the law
11    enforcement officer, the Board shall immediately decertify
12    the officer, or revoke any waiver previously granted. In
13    the case of a surrender of certification or waiver, the
14    Board's proceeding shall terminate.
15        (6) Appointment of administrative law judges. The
16    Board shall retain any attorney licensed to practice law
17    in the State of Illinois to serve as an administrative law
18    judge in any action initiated against a law enforcement
19    officer under this Act. The administrative law judge shall
20    be retained to a term of no greater than 4 years. If more
21    than one judge is retained, the terms shall be staggered.
22    The administrative law judge has full authority to conduct
23    the hearings.
24        Administrative law judges will receive initial and
25    annual training that is adequate in quality, quantity,
26    scope, and type, and will cover, at minimum the following

 

 

HB5009- 34 -LRB102 23438 RLC 32608 b

1    topics:
2            (i) constitutional and other relevant law on
3        police-community encounters, including the law on the
4        use of force and stops, searches, and arrests;
5            (ii) police tactics;
6            (iii) investigations of police conduct;
7            (iv) impartial policing;
8            (v) policing individuals in crisis;
9            (vi) Illinois police policies, procedures, and
10        disciplinary rules;
11            (vii) procedural justice; and
12            (viii) community outreach.
13    (7) Hearing. At the hearing, the administrative law judge
14will hear the allegations alleged in the complaint. The law
15enforcement officer, the counsel of the officer's choosing,
16and the Board, or the officer's counsel, shall be afforded the
17opportunity to present any pertinent statements, testimony,
18evidence, and arguments. The law enforcement officer shall be
19afforded the opportunity to request that the Board compel the
20attendance of witnesses and production of related documents.
21After the conclusion of the hearing, the administrative law
22judge shall report his or her findings of fact, conclusions of
23law, and recommended disposition to the Panel.
24        (8) Certification review meeting Review Meeting. Upon
25    receipt of the administrative law judge's findings of
26    fact, conclusions of law, and recommended disposition, the

 

 

HB5009- 35 -LRB102 23438 RLC 32608 b

1    Panel shall call for a certification review meeting.
2        In such a meeting, the Panel may adjourn into a closed
3    conference for the purposes of deliberating on the
4    evidence presented during the hearing. In closed
5    conference, the Panel shall consider the hearing officer's
6    findings of fact, conclusions of law, and recommended
7    disposition and may deliberate on all evidence and
8    testimony received and may consider the weight and
9    credibility to be given to the evidence received. No new
10    or additional evidence may be presented to the Panel.
11    After concluding its deliberations, the Panel shall
12    convene in open session for its consideration of the
13    matter. If a simple majority of the Panel finds that no
14    allegations in the complaint supporting one or more
15    charges of misconduct are proven by clear and convincing
16    evidence, then the Panel shall recommend to the Board that
17    the complaint be dismissed. If a simple majority of the
18    Panel finds that the allegations in the complaint
19    supporting one or more charges of misconduct are proven by
20    clear and convincing evidence, then the Panel shall
21    recommend to the Board to decertify the officer. In doing
22    so, the Panel may adopt, in whole or in part, the hearing
23    officer's findings of fact, conclusions of law, and
24    recommended disposition.
25        (9) Final action by the Board. After receiving the
26    Panel's recommendations, and after due consideration of

 

 

HB5009- 36 -LRB102 23438 RLC 32608 b

1    the Panel's recommendations, the Board, by majority vote,
2    shall issue a final decision to decertify the law
3    enforcement officer or take no action in regard to the law
4    enforcement officer. No new or additional evidence may be
5    presented to the Board. If the Board makes a final
6    decision contrary to the recommendations of the Panel, the
7    Board shall set forth in its final written decision the
8    specific written reasons for not following the Panel's
9    recommendations. A copy of the Board's final decision
10    shall be served upon the law enforcement officer by the
11    Board, either personally or as provided in this Act for
12    the service of a notice of hearing. A copy of the Board's
13    final decision also shall be delivered to the employing
14    governmental agency, the complainant, and the Panel.
15        (10) Reconsideration of the Board's decision Decision.
16    Within 30 days after service of the Board's final
17    decision, the Panel or the law enforcement officer may
18    file a written motion for reconsideration with the Board.
19    The motion for reconsideration shall specify the
20    particular grounds for reconsideration. The non-moving
21    party may respond to the motion for reconsideration. The
22    Board may deny the motion for reconsideration, or it may
23    grant the motion in whole or in part and issue a new final
24    decision in the matter. The Board must notify the law
25    enforcement officer within 14 days of a denial and state
26    the reasons for denial.

 

 

HB5009- 37 -LRB102 23438 RLC 32608 b

1(Source: P.A. 101-652, eff. 1-1-22; revised 11-24-21.)
 
2    (50 ILCS 705/6.8 new)
3    Sec. 6.8. Board to adopt rules of law enforcement officer
4standards.
5    (a) The Board shall adopt rules that prescribe uniform:
6        (1) standards of conduct, including guidelines and
7    procedures, to which law enforcement officers shall
8    adhere; and
9        (2) disciplinary standards and procedures, including a
10    range of disciplinary actions that may include
11    consideration of aggravating or mitigating circumstances,
12    by which a law enforcement agency, a civilian or community
13    oversight board, agency or review body, and an arbitrator
14    who serves in an arbitration proceeding described in
15    subsection (b) of Section 8 of the Illinois Public Labor
16    Relations Act.
17    (b) The Board shall make determinations regarding alleged
18misconduct by a law enforcement officer and shall make
19recommendations for and impose disciplinary action in response
20to those determinations.
21    At minimum, the uniform standards described under
22paragraph (1) of subsection (a) must address standards of
23conduct and discipline regarding:
24        (1) unjustified or excessive use of physical or deadly
25    force;

 

 

HB5009- 38 -LRB102 23438 RLC 32608 b

1        (2) sexual harassment;
2        (3) sexual assault;
3        (4) assault;
4        (5) conduct that is motivated by or based on a real or
5    perceived factor of an individual's race, ethnicity,
6    national origin, sex, gender identity, sexual orientation,
7    religion, or homelessness;
8        (6) moral character; and
9        (7) the use of drugs or alcohol while on duty.
10    (c) On or before October 1, 2023, the Board shall adopt and
11publish rules under the Illinois Administrative Procedure Act
12to establish the uniform standards described under paragraph
13(1) of subsection (a).
14    (d) The Board shall review the standards described in
15paragraph (1) of subsection (a) at least once every 2 years.
16    (e) The meetings of the Board conducted under this Section
17shall be open to the public in accordance with the Open
18Meetings Act. The records of the Board concerning the adoption
19of uniform standards shall be open to and available for public
20inspection and copying under the Freedom of Information Act.
21    (f) The Board shall establish and implement an open
22hearing process for public input and deliberation before the
23Board adopts rules that establish the standards described
24under paragraph (1) of subsection (a), including:
25        (1) public notice;
26        (2) public outreach to solicit broad public

 

 

HB5009- 39 -LRB102 23438 RLC 32608 b

1    participation; and
2        (3) public hearings to receive public comment.
 
3    Section 15. The Uniform Peace Officers' Disciplinary Act
4is amended by changing Section 2 and by adding Sections 8.1,
58.2, and 8.3 as follows:
 
6    (50 ILCS 725/2)  (from Ch. 85, par. 2552)
7    Sec. 2. Definitions. For the purposes of this Act, unless
8clearly required otherwise, the terms defined in this Section
9have the meaning ascribed herein:
10    (a) "Officer" means any peace officer, as defined by
11Section 2-13 of the Criminal Code of 2012, who is employed by
12any unit of local government or a State college or university,
13including supervisory and command personnel, and any pay-grade
14investigator for the Secretary of State as defined in Section
1514-110 of the Illinois Pension Code, including Secretary of
16State sergeants, lieutenants, commanders, and investigator
17trainees. The term does not include crossing guards, parking
18enforcement personnel, traffic wardens or employees of any
19State's Attorney's office.
20    (b) "Informal inquiry" means a meeting by supervisory or
21command personnel with an officer upon whom an allegation of
22misconduct has come to the attention of such supervisory or
23command personnel, the purpose of which meeting is to mediate
24a citizen complaint or discuss the facts to determine whether

 

 

HB5009- 40 -LRB102 23438 RLC 32608 b

1a formal investigation should be commenced.
2    (c) "Formal investigation" means the process of
3investigation ordered by a commanding officer during which the
4questioning of an officer is intended to gather evidence of
5misconduct which may be the basis for filing charges seeking
6his or her removal, discharge or suspension in excess of 3
7days.
8    (d) "Interrogation" means the questioning of an officer
9pursuant to the formal investigation procedures of the
10respective State agency or local governmental unit in
11connection with an alleged violation of such agency's or
12unit's rules which may be the basis for filing charges seeking
13his or her suspension, removal, or discharge. The term does
14not include questioning (1) as part of an informal inquiry or
15(2) relating to minor infractions of agency rules which may be
16noted on the officer's record but which may not in themselves
17result in removal, discharge or suspension in excess of 3
18days.
19    (e) "Administrative proceeding" means any non-judicial
20hearing which is authorized to recommend, approve or order the
21suspension, removal, or discharge of an officer.
22    (f) "Civilian or community oversight board, agency, or
23review body" means a board, an agency or a body:
24        (1) designated by a municipality or a law enforcement
25    agency in performing duties related to investigating
26    allegations of officer misconduct or reviewing law

 

 

HB5009- 41 -LRB102 23438 RLC 32608 b

1    enforcement policies and practices; or
2        (2) created to oversee disciplinary matters concerning
3    law enforcement officers pursuant to a city charter or
4    ordinance for which a measure that included the question
5    of whether to establish the board, agency, or body.
6    (g) "Just cause" means a cause reasonably related to the
7officer's ability to perform required work. The term includes
8a willful violation of reasonable work rules, regulations, or
9written policies.
10    (h) "Law enforcement agency" means an agency in this State
11charged with enforcement of State, county, or municipal laws
12or with managing custody of detained persons in the State,
13including municipal police departments, sheriff's departments,
14and campus police departments but does not include the
15Illinois State Police, the Secretary of State Police,
16conservation police, or Commerce Commission police.
17(Source: P.A. 97-1150, eff. 1-25-13.)
 
18    (50 ILCS 725/8.1 new)
19    Sec. 8.1. Officer arbitration.
20    (a) For purposes of an arbitration proceeding under
21Sections 7 and 14 of the Illinois Public Labor Relations Act
22concerning alleged misconduct by an officer:
23        (1) a law enforcement agency or, if applicable, a
24    civilian or community oversight board, agency or review
25    body, has the burden of proof by a preponderance of the

 

 

HB5009- 42 -LRB102 23438 RLC 32608 b

1    evidence to show that:
2            (A) the officer engaged in the alleged misconduct;
3        and
4            (B) any disciplinary action taken against the
5        officer was with just cause.
6    (b) In determining the reasonableness of a disciplinary
7action imposed by a law enforcement agency or a civilian or
8community oversight board, agency or review body, including
9whether the level of discipline is appropriate, an arbitrator
10shall uphold the disciplinary action unless the arbitrator
11finds that the disciplinary action is arbitrary and
12capricious.
13    (c) When the imposed disciplinary action is termination of
14employment, an arbitrator may not set aside or reduce the
15imposed disciplinary action if setting aside or reducing the
16disciplinary action is inconsistent with the public interest
17in maintaining community trust, enforcing a higher standard of
18conduct for officers and ensuring an accountable, fair, and
19just disciplinary process. Notwithstanding the Illinois Public
20Labor Relations Act, and subject to subsection (b), in
21carrying out an arbitration proceeding, the Illinois Labor
22Relations Board shall appoint a person from a list of
23qualified, indifferent and unbiased persons to serve as the
24arbitrator of the proceeding. The Illinois Labor Relations
25Board shall submit to each of the parties subject to the
26proceeding the list of persons who may serve as arbitrators.

 

 

HB5009- 43 -LRB102 23438 RLC 32608 b

1    (d) After the Illinois Labor Relations Board has selected
2a person from the list to serve as the arbitrator of the
3proceeding, each of the parties subject to the proceeding is
4entitled to one opportunity to object to the Illinois Labor
5Relations Board's proposed arbitrator. If a party objects to
6the proposed arbitrator, the Illinois Labor Relations Board
7shall select an alternative person to serve as the arbitrator.
8If the other party objects to the alternative person, the
9Illinois Labor Relations Board shall make a final selection
10from the names remaining on the list as to who shall serve as
11the arbitrator of the proceeding. The requirements described
12in this Section are not subject to collective bargaining.
 
13    (50 ILCS 725/8.2 new)
14    Sec. 8.2. Alleged officer misconduct; arbitration
15proceedings.
16    (a) Notwithstanding any other provision of law to the
17contrary, when an arbitration proceeding involves alleged
18misconduct by an officer of any law enforcement agency and the
19arbitrator makes a finding that misconduct has occurred
20consistent with the law enforcement agency's finding of
21misconduct or, if applicable, consistent with a finding of
22misconduct by a civilian or community oversight board, agency,
23or review body, the arbitration award may not order any
24disciplinary action that differs from the disciplinary action
25imposed by the law enforcement agency or the civilian or

 

 

HB5009- 44 -LRB102 23438 RLC 32608 b

1community oversight board, agency, or review body, if the
2disciplinary action imposed by the law enforcement agency, or
3the civilian or community oversight board, agency, or review
4body was in accordance with uniform standards adopted by the
5Illinois Law Enforcement Training Standards Board under
6Section 6.8 of the Illinois Police Training Act.
7    (b) In an arbitration proceeding under this Section, the
8arbitrators, or a majority of the arbitrators, may:
9        (1) issue subpoenas on their own motion or at the
10    request of a party to the proceeding to:
11            (A) Compel the attendance of a witness properly
12        served by either party; and
13            (B) require from either party the production of
14        books, papers, and documents the arbitrators find are
15        relevant to the proceeding;
16        (2) administer oaths or affirmations to witnesses; and
17        (3) adjourn a hearing from day to day, or for a longer
18    time, and from place to place.
19    (c) The arbitrators shall promptly provide a copy of a
20subpoena issued under this Section to each party to the
21arbitration proceeding.
22    (d) The arbitrators issuing a subpoena under this Section
23may rule on objections to the issuance of the subpoena.
24    (e) If a person fails to comply with a subpoena issued
25under this Section or if a witness refuses to testify on a
26matter on which the witness may be lawfully questioned, the

 

 

HB5009- 45 -LRB102 23438 RLC 32608 b

1party who requested the subpoena or seeks the testimony may
2apply to the arbitrators for an order authorizing the party to
3apply to the circuit court of any county to enforce the
4subpoena or compel the testimony. On the application of the
5attorney of record for the party or on the application of the
6arbitrators, or a majority of the arbitrators, the court may
7require the person or witness to show cause why the person or
8witness should not be punished for contempt of court to the
9same extent and purpose as if the proceedings were pending
10before the court.
11    (f) Witnesses appearing pursuant to subpoena, other than
12parties or officers or employees of the public employer, shall
13receive fees and mileage as prescribed for witnesses in civil
14cases.
15    (g) For matters concerning alleged misconduct by an
16officer, the following shall make determinations regarding the
17alleged misconduct and impose disciplinary action in response
18to such determinations in accordance with the uniform
19standards adopted by the Illinois Law Enforcement Training
20Standards Board:
21        (1) a law enforcement agency located anywhere in this
22    State; or
23        (2) an arbitrator who serves in an arbitration
24    proceeding described under subsection (b) of Section 8 of
25    the Illinois Public Labor Relations Act; or
26        (3) a civilian or community oversight board, agency or

 

 

HB5009- 46 -LRB102 23438 RLC 32608 b

1    review body.
2    The requirements described in this subsection (g) are not
3subject to collective bargaining.
 
4    (50 ILCS 725/8.3 new)
5    Sec. 8.3. Conflict between Acts. In case of a conflict
6between Sections 8.1 and 8.2 and the Illinois Public Labor
7Relations Act or the Uniform Arbitration Act, the provisions
8of Sections 8.1 and 8.2 shall prevail.

 

 

HB5009- 47 -LRB102 23438 RLC 32608 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 315/6from Ch. 48, par. 1606
4    5 ILCS 315/8from Ch. 48, par. 1608
5    50 ILCS 705/6.3
6    50 ILCS 705/6.8 new
7    50 ILCS 725/2from Ch. 85, par. 2552
8    50 ILCS 725/8.1 new
9    50 ILCS 725/8.2 new
10    50 ILCS 725/8.3 new