(55 ILCS 5/3-7012) (from Ch. 34, par. 3-7012)
Sec. 3-7012. Removal, demotion or suspension. Except as is
otherwise provided in this Division, no deputy sheriff in
the County Police Department, no full-time deputy sheriff not employed
as a county police officer or county corrections officer and no employee in
the County Department of Corrections shall be removed, demoted or suspended
except for cause, upon written charges filed with the Board by the Sheriff
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 deputy sheriff shall be afforded full opportunity to be heard in
his or her own defense and to produce proof in his or her defense. 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. The fees of witnesses for
attendance and travel shall be the same as the fees of witnesses before the
circuit courts of this State, and shall be paid in the same manner as other
expenses of the Board. Each member of the Board shall have the power to
administer oaths or affirmations. If the charges against an accused deputy
sheriff 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. The Board shall render its decision no later than 120 days following the conclusion of any hearings conducted under this Section. Thereupon the
sheriff shall direct such removal or other punishment as ordered by the
Board and if the accused deputy sheriff refuses to abide by any such
disciplinary order, the sheriff shall remove him or her forthwith. On and after June 1, 2018, for an appointed officer rank subject to hearing under this Section that is covered by a collective bargaining agreement, disciplinary measures and the method of review of those measures are 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. Within 21 days after the conclusion of a hearing overseen by a hearing officer appointed under Section 3-7004, the hearing officer shall issue a recommended order in writing, which shall include findings of fact and a determination of whether cause for discipline has been established by the Sheriff. The hearing officer shall also recommend whether discipline should be imposed and the level of the discipline. Any hearing officer may issue the recommended order. Within 21 days after receipt of service of the recommended order, the Sheriff and the respondent may file with the board written exceptions to any part of the order. Exceptions shall be supported by argument and served on all parties at the time they are filed. If no exceptions are filed, the recommended order shall become the order of the board without further review. The board may set any further rules in accordance with this Section.
In case of the neglect or refusal of any person to obey a subpoena
issued by the Board, any circuit court or a judge thereof, 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.
(Source: P.A. 100-912, eff. 8-17-18.)
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(55 ILCS 5/3-7013) (from Ch. 34, par. 3-7013)
Sec. 3-7013.
Political activities.
No deputy sheriff in the County
Police Department and no employee in the County Department of Corrections
shall participate in any manner in the activities or interests of any
political party or of any candidate for public office or for the nomination
therefor, nor participate in any manner in any political campaign for the
nomination or election of candidates for public office. Violation of any
provision hereof shall be cause for removal of any deputy sheriff or
employee so offending. Nothing contained herein shall be deemed to
interfere with the right of any person to vote for any candidate and upon
any issue as his reason and conscience may dictate.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-7014) (from Ch. 34, par. 3-7014)
Sec. 3-7014.
Appropriations.
A sufficient sum of money shall be
appropriated each year by the county board to carry out the provisions of
this Division in the county.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-7015) (from Ch. 34, par. 3-7015)
Sec. 3-7015.
Investigations by Board.
The Board shall investigate
the enforcement of this Division and its rules, and the conduct and action
of the appointees herein provided for. In the course of such investigation
each member of the Board is empowered to administer oaths, and the Board
has the power to secure by subpoena both the attendance and testimony of
witnesses and the production of books and papers relevant to such
investigations.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-7016) (from Ch. 34, par. 3-7016)
Sec. 3-7016.
Certification of appointments, vacancies and findings.
The Board shall certify to the county clerk or other auditing officers,
all appointments to offices and places as may be classified, and all
vacancies occurring therein, whether by dismissal, resignation, or death,
and all findings made or approved by the Board under the provisions of
Section 3-7012, that a person may be discharged from the classified service.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-7017) (from Ch. 34, par. 3-7017)
Sec. 3-7017.
Payments of salaries or wages.
No county clerk,
comptroller or other auditing officer of the county shall approve the
payment of, or be in any manner concerned in paying salary or wages to any
person for services as an officer or employee of the county unless such
person is occupying an office or place of employment according to the
provisions of law and is entitled to payment.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 3-8 heading) Division 3-8.
Sheriff's Merit System
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(55 ILCS 5/3-8001) (from Ch. 34, par. 3-8001)
Sec. 3-8001.
Subtitle.
This Division shall be subtitled
the "Sheriff's Merit System Law".
(Source: P.A. 86-962.)
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(55 ILCS 5/3-8002) (from Ch. 34, par. 3-8002)
Sec. 3-8002.
Applicability and adoption.
The
county board of every county having a county police department
merit board established under "The County Police Department Act",
approved August 7, 1967, as amended (repealed), or a merit commission for
sheriff's personnel established under Section 58.1 of "An Act to
revise the law in relation to counties", approved March 31, 1874, as
amended (repealed), shall adopt and implement the merit system provided
by this Division and shall modify the merit system now in
effect in that county as may be necessary to comply with this Division.
The county board of any county having a population of less than 1,000,000
which does not have a merit board or merit commission for
sheriff's personnel may adopt and implement by ordinance the merit system
provided by this Division. If the county board does not adopt
such a merit system by an ordinance and if a petition signed by not fewer
than 5% or 1000, whichever is less, of the registered electors of any such
county is filed with the county clerk requesting a referendum on the
adoption of a merit system for deputies in the office of the Sheriff, the
county board shall, by appropriate ordinance, cause the question to be
submitted to the electors of the county, at a special or general election
specified in such ordinance, in accordance with the provisions of Section
28-3 of "The Election Code", approved May 11, 1943, as now or hereafter
amended. Notice of the election shall be given as provided in Article 12
of such code. If a majority of those voting on the proposition at such
election vote in favor thereof, the county board shall adopt and implement
a merit system provided in this Division. When a merit board or merit
commission for sheriff's personnel has been established in a county, it may
be abolished by the same procedure in which it was established.
This Division does not apply to any county having a population of more
than 1,000,000 nor to any county which has not elected to adopt the merit
system provided by this Division and which is not required to do so under this Section.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-8003) (from Ch. 34, par. 3-8003)
Sec. 3-8003.
Appointment of Merit Commission.
Any
ordinance providing for the adoption and implementation of a merit system
under this Division shall provide for the appointment of a
Sheriff's Office Merit Commission consisting of 3 or 5 members appointed
by the sheriff with the approval of a majority of the members of the county
board. If the sheriff fails to make the appointments within 60 days after
the adoption of the ordinance, the members of the commission shall be appointed
by the chairman of the county board with the approval of a majority of the
members of the county board. No member of the commission shall hold a
statutory partisan political office.
Of the initial appointments to a 3-member Commission, one shall
be for a term of 2 years, one for a term of 4 years and one for a term
of 6 years. Of the initial appointments to a 5-member Commission, one shall
serve for a term of 2 years, one for a term of 3 years, one for a term of
4 years, one for a term of 5 years, and one for a term of 6 years. If a
3-member Commission is increased to a 5-member Commission, the additional
members shall be appointed to serve for terms of 3 and 5 years, respectively.
The respective successors of the initial members shall be appointed in the
same manner as the original appointments for 6 year terms.
If a vacancy occurs in the office of a commissioner, the
sheriff, with the approval of a majority of the members of the
county board, shall appoint a suitable person to serve
the unexpired portion of that commissioner's term. If the sheriff fails
to appoint a person to fill the vacancy within 30 days, the chairman of
the county board shall appoint a person to fill the unexpired portion of
the term, with the approval of a majority of the members of the county board.
In a 3-member Commission, no more than 2 of the members appointed may be
affiliated with the same political party. In a 5-member Commission, no
more than 3 members may be affiliated with the same political party.
However, in any county which has created a merit board or merit commission
for sheriff's employees under prior law, the members of that board or
commission shall serve out the unexpired portions of their respective terms
and shall carry out their duties in accordance with this Division.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-8004) (from Ch. 34, par. 3-8004)
Sec. 3-8004.
Removal of Merit Commission.
No member of a Merit
Commission shall be removed except for palpable incompetence or malfeasance
in office upon written charges filed by or at the direction of the sheriff
or the county board and heard before the Board of Hearings provided for in
this Section. The chief judge for the judicial circuit in which the county
is situated and the 2 circuit judges who have longest held judicial office
shall constitute the Board of Hearing. If 2 or more circuit judges have
held judicial office for the same longest or next longest length of time,
choice among those circuit judges shall be made by lot. If there are only
2 circuit judges in the circuit embracing the county, then those 2 judges
shall select the third member of the Board of Hearing from among the
circuit judges in contiguous circuits.
The Board of Hearings shall hear and determine the charges and its
findings shall be final. If the charges are sustained, the member of the
Commission so charged shall be forthwith removed from office by the Board
of Hearings and the sheriff with the approval of a majority of the members
of the county board shall thereupon proceed to fill the vacancy created by
such removal. In any proceeding provided for in this Section, the Board of
Hearings and each member thereof, shall have power to administer oaths and
to compel by subpoena the attendance and testimony of witnesses and the
production of books and papers.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-8005) (from Ch. 34, par. 3-8005)
Sec. 3-8005.
Meetings; officers.
As soon as practicable after the
members of the Merit Commission have been appointed, the sheriff shall call
the first meeting and they shall meet and organize by selecting a chairman,
a vice chairman and a secretary. The initial officers and their successor
shall be selected by the Commission from among its members for a term of 2
years or for the remainder of their term of office as a member of the
Commission, whichever is shorter. Two members of a three-member
Commission, or 3 members of a five-member Commission, shall constitute a
quorum for the transaction of business. The Commission shall hold regular
quarterly meetings and such other meetings as may be called by the Commission.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-8006) (from Ch. 34, par. 3-8006)
Sec. 3-8006.
Appropriations.
A sufficient sum of
money shall be provided each year by the county board to carry out the
provisions of this Division. The county board may establish
per diem compensation for members of the Commission and shall allow
reimbursement for reasonable and necessary expenses.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-8007) (from Ch. 34, par. 3-8007)
Sec. 3-8007. Duties and jurisdiction of commission. The Merit
Commission shall have the duties, pursuant to recognized merit principles
of public employment, of certification for employment and promotion, and,
upon complaint of the sheriff or State's Attorney as limited in this
Division, to discipline or discharge as the circumstances may warrant. All
full time deputy sheriffs shall be under the jurisdiction of this Act and
the county board may provide that other positions, including jail officers,
as defined in "An Act to revise the law in relation to jails and jailers",
approved March 3, 1874, as now or hereafter amended (repealed), shall be
under the jurisdiction of the Commission. There may be exempted from
coverage by resolution of the county board a "chief deputy" or "chief
deputies" who shall be vested with all authorities granted to deputy
sheriffs pursuant to Section 3-6015. "Chief Deputy" or "Chief Deputies" as
used in this Section include the personal assistant or assistants of the
sheriff whether titled "chief deputy", "undersheriff", or "administrative
assistant".
(Source: P.A. 99-642, eff. 7-28-16.)
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