(55 ILCS 5/3-8014) (from Ch. 34, par. 3-8014)
Sec. 3-8014. Removal, demotion or suspension. Except as is otherwise
provided in this Division, no certified person shall be removed, demoted or
suspended except for cause, upon written charges filed with the Merit
Commission by the sheriff. Upon the filing of such a petition, the sheriff
may suspend the certified person pending the decision of the Commission on
the charges. After the charges have been heard, the Commission may direct
that the person receive his pay for any part or all of this suspension
period, if any.
The charges shall be heard by the Commission upon not less
than 14 days' certified notice. At such hearing, the accused certified
person shall be afforded full opportunity to be represented by
counsel, to be heard in his own defense and to produce proof
in his defense. Both the Commission and the sheriff may be
represented by counsel. The State's Attorney of the applicable
county may advise either the Commission or the sheriff. The
other party may engage private counsel to advise it.
The Commission 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 Commission shall have
the power to administer oaths.
If the charges against an accused person are established
by the preponderance of evidence, the Commission shall
make a finding of guilty and order either removal, demotion, loss
of seniority, 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 Commission which, in the opinion
of the members thereof, the offense justifies. If the charges against
an accused person are not established by the preponderance of
evidence, the Commission shall make a finding of not guilty and
shall order that the person be reinstated and be paid his
compensation for the suspension period, if any, while awaiting
the hearing. The sheriff shall take such action as may be ordered
by the Commission. However, on and after June 1, 2007, in any sheriff's office with a collective bargaining agreement covering the employment of department personnel, such disciplinary measures and the method of review of those measures shall be subject to mandatory bargaining, including, but not limited to, the use of impartial arbitration as an alternative or supplemental form of due process and any of the procedures laid out in this Section.
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
Commission rendered pursuant to this Section. The plaintiff shall pay the
reasonable cost of preparing and certifying the record for judicial review.
However, if the plaintiff prevails in the judicial review proceeding, the
court shall award to the plaintiff a sum equal to the costs paid by the
plaintiff to have the record for judicial review prepared and certified.
(Source: P.A. 95-136, eff. 1-1-08.)
|