(20 ILCS 2610/14)
(from Ch. 121, par. 307.14)
Except as is otherwise provided in this Act, no Department of
State Police officer shall be removed, demoted or suspended except for
cause, upon written charges filed with the Board by the Director and a hearing
before the Board thereon upon not less than 10 days' notice at a place to
be designated by the chairman thereof. At such hearing, the accused shall
be afforded full opportunity to be heard in his or her own defense and
to produce proof in his or her defense. Anyone filing a complaint against a State Police Officer must have the complaint supported by a sworn affidavit.
Any such complaint, having been supported by a sworn affidavit, and having been found, in total or in part, to contain false information, shall be presented to the appropriate State's Attorney for a determination of prosecution.
Before any such officer may be interrogated or examined by or before the
Board, or by a departmental agent or investigator specifically assigned
to conduct an internal investigation, the results of which hearing,
or examination may be the basis for filing charges seeking his or her
suspension for more than 15 days or his or her removal or discharge,
he or she shall be advised in writing as to what specific improper or
illegal act he or she is alleged to have committed; he or she shall
be advised in writing that his or her admissions made in the course
of the hearing, interrogation or examination may be used as the basis for
charges seeking his or her suspension, removal or discharge; and he
or she shall be advised in writing that he or she has a right to
counsel of his or her choosing, who may be present to advise him or
her at any hearing, interrogation or examination. A complete record of
any hearing, interrogation or examination shall be made, and a complete
transcript or electronic recording thereof shall be made available to such
officer without charge and without delay.
The Board shall have the power to secure by its subpoena
both the attendance and testimony of witnesses and the production of books
and papers in support of the charges and for the defense. Each member of
the Board or a designated hearing officer shall have the power to administer
oaths or affirmations. If the charges against an accused are established
by a preponderance of evidence, the Board shall make a finding of guilty
and order either removal, demotion, suspension for a period of not more
than 180 days, or such other disciplinary punishment as may be prescribed
by the rules and regulations of the Board which, in the opinion of the members
thereof, the offense merits. Thereupon the
Director shall direct such removal or other punishment as ordered by the
Board and if the accused refuses to abide by any such disciplinary
order, the Director shall remove him or her forthwith.
If the accused is found not guilty or has served a period of suspension
greater than prescribed by the Board, the Board shall order that the officer receive compensation for the period involved.
The award of compensation shall include interest at the rate of 7% per
The Board may include in its order appropriate sanctions based upon the
Board's rules and regulations. If the Board finds that a party has made
allegations or denials without reasonable cause or has engaged in frivolous
litigation for the purpose of delay or needless increase in the cost of
litigation, it may order that party to pay the other party's reasonable
expenses, including costs and reasonable attorney's fees. The State of
Illinois and the Department shall be subject to these sanctions in the same
manner as other parties.
In case of the neglect or refusal of any person to obey a subpoena issued
by the Board, any circuit court, upon application
of any member of the Board, may order such person to appear before the Board
and give testimony or produce evidence, and any failure to obey such order
is punishable by the court as a contempt thereof.
The provisions of the Administrative Review Law, and all amendments and
modifications thereof, and the rules adopted pursuant thereto, shall apply
to and govern all proceedings for the judicial review of any order of the
Board rendered pursuant to the provisions of this Section.
Notwithstanding the provisions of this Section, a policy making
officer, as defined in the Employee Rights Violation Act, of the Department
of State Police shall be discharged from the Department of State Police as
provided in the Employee Rights Violation Act, enacted by the 85th General
(Source: P.A. 96-891, eff. 5-10-10.)