Sen. Bill Cunningham

Filed: 4/3/2017





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



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



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1authority of this amendatory Act of the 91st General Assembly),
2their respective successors shall be appointed to hold office
3from the third Monday in March of the year of their respective
4appointments for a term of 6 years and until their successors
5are appointed and qualified for a like term. As additional
6members are appointed under authority of this amendatory Act of
71997, their terms shall be set to be staggered consistently
8with the terms of the existing Board members. No more than 3
9members of the Board shall be affiliated with the same
10political party, except that as additional members are
11appointed by the Sheriff under authority of this amendatory Act
12of 1997 and under the authority of this amendatory Act of the
1391st General Assembly, the political affiliation of the Board
14shall be such that no more than one-half of the members plus
15one additional member may be affiliated with the same political
16party. No member shall have held or have been a candidate for
17an elective public office within one year preceding his or her
19    The Sheriff may deputize members of the Board.
20    (b) On the effective date of this amendatory Act of the
21100th General Assembly, there is created the Cook County
22Sheriff's Merit Board, consisting of 5 members appointed by the
23Sheriff with the advice and consent of the county board who
24should have the following qualifications: one member who is an
25employee or agent representing the interests of labor unions;
26one member who is or was employed by a law enforcement agency



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



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13-7006, 3-7007, 3-7008, 3-7009, 3-7010, or 3-7012 and prior to
2the effective date of this amendatory Act of the 100th General
3Assembly and may preside over, amend, correct, or defend these
4decisions and actions as required or permitted by law.
5    The Cook County Sheriff's Merit Board shall ensure that all
6applicable federal and State laws are followed and enforced.
7The Cook County Sheriff's Merit Board shall ensure that the
8hiring and promotional practices of sworn officers by the
9Sheriff's Office reflect the diverse demographics of Cook
10County and that those priorities give preference to honorably
11discharged veterans of the Armed Forces of the United States of
13(Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97;
1490-655, eff. 7-30-98; 91-722, eff. 6-2-00.)
15    (55 ILCS 5/3-7003)  (from Ch. 34, par. 3-7003)
16    Sec. 3-7003. Compensation and expenses of board members.
17Each member of the Board shall receive compensation or a
18stipend as determined by the county board; the county board may
19provide additional compensation for service as chairman or
20secretary. Each member shall be reimbursed for expenses
21necessarily incurred in discharging the duties of his or her
22office. Such compensation and reimbursement shall be paid by
23the county; no other fringe or pension benefits shall be
24provided. Each member of the Board shall receive compensation
25for each day during which he is engaged in transacting the



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



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1chairman or secretary whenever there is a vacancy in either of
2those offices, or to transact any other business before the
4(Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97;
590-655, eff. 7-30-98.)
6    (55 ILCS 5/3-7008)  (from Ch. 34, par. 3-7008)
7    Sec. 3-7008. Appointments. The appointment of deputy
8sheriffs in the Police Department, full-time deputy sheriffs
9not employed as county police officers or county corrections
10officers and of employees in the Department of Corrections
11shall be made from those applicants who have been certified by
12the Board as being qualified for appointment. Certification for
13appointment in one department shall not constitute
14certification for appointment in another department. All
15persons so appointed shall, at the time of their appointment,
16be not less than 21 years of age, or 20 years of age and have
17successfully completed 2 years of law enforcement studies at an
18accredited college or university. Any person appointed
19subsequent to successful completion of 2 years of such law
20enforcement studies shall not have power of arrest, nor shall
21he or she be permitted to carry firearms, until he or she
22reaches 21 years of age. In addition, all persons so appointed
23shall be not more than the maximum age limit fixed by the Board
24from time to time, be of sound mind and body, be of good moral
25character, be citizens of the United States, have not been



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1convicted of a crime which the Board considers to be
2detrimental to the applicant's ability to carry out his or her
3duties, possess such prerequisites of training, education and
4experience as the Board may from time to time prescribe, and
5shall be required to pass successfully mental, physical,
6psychiatric and other tests and examinations as may be
7prescribed by the Board. Preference shall be given in such
8appointments to persons who have honorably served in the
9military or naval services of the United States. Before
10entering upon his or her duties, each deputy sheriff in the
11County Police Department shall execute a good and sufficient
12bond, payable to the People of the State of Illinois, in the
13penal sum of $1,000 and to the Sheriff of the County where he
14or she is employed in the sum of $10,000, conditioned on the
15faithful performance of his or her duties. All appointees shall
16serve a probationary period of 12 months and during that period
17may be discharged at the will of the Sheriff. However, civil
18service employees of the house of correction who have certified
19status at the time of the transfer of the house of correction
20to the County Department of Corrections are not subject to this
21probationary period, and they shall retain their job titles,
22such tenure privileges as are now enjoyed and any subsequent
23title changes shall not cause reduction in rank or elimination
24of positions.
25(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
4adjudication of all disciplinary measures against a sworn
5officer when the maximum punishment for the violation alleged
6is the suspension of the sworn officer for a period not
7exceeding 90 days, subject to review under the provisions of
8the applicable collective bargaining agreement. Any allegation
9against a sworn officer which would result in suspension for a
10period of greater than 90 days shall be adjudicated as provided
11under Section 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
25County Police Department, no full-time deputy sheriff not



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



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1offense merits. Thereupon the sheriff shall direct such removal
2or other punishment as ordered by the Board and if the accused
3deputy sheriff refuses to abide by any such disciplinary order,
4the sheriff shall remove him or her forthwith.
5    In case of the neglect or refusal of any person to obey a
6subpoena issued by the Board, or a hearing officer designated
7by the Board, any circuit court or a judge thereof, upon
8application of any member of the Board, or a designated hearing
9officer, may order such person to appear before the Board and
10give testimony or produce evidence, and any failure to obey
11such order is punishable by the court as a contempt thereof.
12    The provisions of the Administrative Review Law, and all
13amendments and modifications thereof, and the rules adopted
14pursuant thereto, shall apply to and govern all proceedings for
15the judicial review of any order of the Board rendered pursuant
16to the provisions of this Section.
17(Source: P.A. 86-962.)
18    (55 ILCS 5/3-7018 new)
19    Sec. 3-7018. Annual reports. On January 31, 2019, and on
20January 31 of each year thereafter, the Board shall publish an
21annual report, which shall be available on the website of the
22Cook County Sheriff. The annual report of the Board shall
23contain a summary of hiring and promotions of the preceding
24year, together with a summary of the Board's disciplinary
25proceedings of the preceding year.



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1    (55 ILCS 5/3-7007 rep.)
2    Section 10. The Counties Code is amended by repealing
3Section 3-7007.
4    Section 99. Effective date. This Act takes effect January
51, 2018.".