(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approved March 3, 1874, as now or hereafter amended (repealed), shall be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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(55 ILCS 5/3-8008) (from Ch. 34, par. 3-8008)
Sec. 3-8008.
Prior appointments.
Notwithstanding anything in this
Division to the contrary, any person certified pursuant to a merit system
in effect before January 1, 1981 shall remain under the jurisdiction of the
Commission. Any certified person appointed and serving before January 1,
1981 shall not be subject to the provisions of Section 3-8010.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-8009) (from Ch. 34, par. 3-8009)
Sec. 3-8009.
Rules and regulations.
Pursuant to
recognized merit principles of public employment, the Commission
shall formulate, adopt and put into effect, rules, regulations and
procedures for its operation and the transaction of its business.
The Commission shall set standards and qualifications for each class.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-8010) (from Ch. 34, par. 3-8010)
Sec. 3-8010.
Certification of applicants.
The appointment of
all personnel subject to the jurisdiction of the Merit Commission shall
be made by the sheriff from those applicants who have been certified by
the Commission as being qualified for appointment. A Commission may, by
its rules and regulations, set forth the minimum requirements for
appointment to any position. In addition, the Commission's review of any
application may include examinations, investigations or any other method
consistent with recognized merit principles, which in the judgment of the
Commission is reasonable and practical for any particular classification.
Different examining procedures may be set for the examinations in different
classifications but all examinations in the same classification shall be
uniform. However, the Merit Commission may by regulation provide that
applicants who have served with another sheriff's office, a police
department, or any other law enforcement agency, or who are graduate law
enforcement interns as defined in the Law Enforcement Intern Training Act,
may be exempt from one or more of the minimum requirements for appointment.
Preference may be given in such appointments to persons who have honorably
served in the military or naval services of the United States.
The sheriff shall make appointments from those persons certified
by the Commission as qualified for appointment. If the sheriff rejects
any person so certified, the sheriff shall notify the Commission in writing
of such rejection.
The rules and regulations of a Commission shall provide that all
initial appointees shall serve a probationary period of 12 months during
which time they may be discharged at the will of the sheriff.
(Source: P.A. 92-83, eff. 7-12-01.)
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(55 ILCS 5/3-8011) (from Ch. 34, par. 3-8011)
Sec. 3-8011.
Certification for promotion.
Whenever a position
in a higher rank is to be filled, the Merit Commission shall certify
to the sheriff the names of eligible persons who stand highest upon
the promotional register for the rank to which the position belongs.
The Commission shall make certifications for promotion on the basis
of ascertained merit, seniority of service, and physical and other
qualifying examinations.
The sheriff shall appoint from those whose names were certified.
If the sheriff rejects all persons so certified, he shall state his
reasons for such refusal in writing to the Commission.
All vacancies in all ranks of deputy sheriff above the
lowest shall be filled by promotion, except that the Merit
Commission may by regulation provide that a former sheriff may
be appointed by a successor sheriff of the same county
to any rank after he has been certified by the Commission or
that applicants who have served with another sheriff's
office, a police department, or any other law enforcement agency,
may be given credit for time so served and may receive
an initial appointment to a rank above the lowest.
Persons appointed to a higher rank shall be on probation in such
higher rank for a period of 12 months. Such appointees may be
demoted by the sheriff to their former rank at any time during the
period of probation, if, in the opinion of the sheriff, they have
failed to demonstrate the ability and the qualifications necessary
to furnish satisfactory service.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-8012) (from Ch. 34, par. 3-8012)
Sec. 3-8012.
Political affiliation.
All appointments and promotions
shall be made in accordance with the provisions of this Division and the rules
and regulations of the Commission, without consideration of the political
affiliation of any applicant.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-8013) (from Ch. 34, par. 3-8013)
Sec. 3-8013. Disciplinary measures. Disciplinary measures for actions
violating either the rules and regulations of the Commission or the internal
procedures of the sheriff's office may be taken by the sheriff. Such
disciplinary measures may include suspension of any certified person for
reasonable periods, not exceeding a cumulative
30 days in any 12-month period. 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.
(Source: P.A. 95-136, eff. 1-1-08.)
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(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.)
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(55 ILCS 5/3-8015) (from Ch. 34, par. 3-8015)
Sec. 3-8015.
Subpoenas; witnesses' fees; perjury.
Any person
who shall be served with a subpoena to appear and testify, or to
produce books and papers, issued by the Merit Commission, or
by any member thereof, and who shall refuse or neglect to
appear, or to testify, or to produce books and papers
relevant to such investigation, as commanded in the
subpoena, shall be guilty of a Class B misdemeanor.
The fees of witnesses for attendance and travel shall
be the same as the fees of witnesses before the circuit court
of this State.
Any circuit court of this State, or any judge thereon,
upon application of any member of the Commission, or any person
acting under the orders of the Commission, may, in his discretion,
compel the attendance of witnesses, the production of books and
papers, and giving of testimony before the Commission by an
Attachment for Contempt or otherwise in the same manner as
production of evidence may be compelled before the court. Every
person who, having taken oath or made affirmation before a member of the
Commission, shall willfully swear or affirm falsehoods, shall be
guilty of perjury and upon conviction shall be punished accordingly.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-8016) (from Ch. 34, par. 3-8016)
Sec. 3-8016.
Reports to Merit Commission.
The sheriff shall promptly
notify the Merit Commission of all appointments, permanent or temporary,
all promotions, suspensions, resignations or vacancies from any cause, and
a record of the same shall be kept by the Commission. The sheriff shall
prepare and furnish to the Commission annual efficiency reports for each
person covered by merit system. The sheriff shall also furnish the
Commission copies of all letters of commendation, academic achievements
and reprimand and such other reports as the Commission may reasonably
request.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-8017) (from Ch. 34, par. 3-8017)
Sec. 3-8017.
Enforcement of orders.
If any provision of this
Division or any order of the Merit Commission is violated by any person,
regardless of whether that person's employment is under the jurisdiction of
the Division, the Commission may apply to the circuit court for relief by
injunction, mandamus or any other proper relief. The State's Attorney of
the county where the violation occurred shall prosecute such action.
Whenever the State's Attorney for the county where a violation is alleged
to have occurred refuses to prosecute the action, or fails to begin to
prosecute such action within 30 days after the date the Commission brings
the matter to his attention, the Commission may retain special counsel of
its own choice to prosecute such action.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-8018) (from Ch. 34, par. 3-8018)
Sec. 3-8018.
Multi-county operation.
The county
boards of 2 or more counties may, by enactment of uniform reciprocal
ordinances consistent with this Division create a multi-county
Merit Commission which shall be subject to this Division.
(Source: P.A. 86-962.)
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