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| [ Senate Amendment 001 ] |
91_SB0868
LRB9102386EGfg
1 AN ACT to amend the Illinois Municipal Code by changing
2 Sections 10-1-18 and 10-2.1-17.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Municipal Code is amended by
6 changing Sections10-1-18 and 10-2.1-17 as follows:
7 (65 ILCS 5/10-1-18) (from Ch. 24, par. 10-1-18)
8 Sec. 10-1-18. (a) Except as hereinafter provided in this
9 Section, no officer or employee in the classified civil
10 service of any municipality who is appointed under the rules
11 and after examination, may be removed or discharged, or
12 suspended for a period of more than 30 days, except for cause
13 upon written charges and after an opportunity to be heard in
14 his own defense. The hearing shall be as hereinafter
15 provided, unless the corporate authorities and a labor
16 organization negotiate an alternative or supplemental form of
17 due process based upon impartial arbitration as a term of a
18 collective bargaining agreement. Subject to the terms of any
19 such agreement, such charges shall be investigated by or
20 before the civil service commission, or by or before some
21 officer or board appointed by the commission to conduct that
22 investigation. The finding and decision of that commission
23 or investigating officer or board, when approved by the
24 commission, shall be certified to the appointing officer, and
25 shall forthwith be enforced by that officer. Before any
26 officer or employee in the classified service of any
27 municipality may be interrogated or examined by or before any
28 disciplinary board, or departmental agent or investigator,
29 the results of which hearing, interrogation or examination
30 may be the basis for filing charges seeking his removal or
31 discharge, he must be advised in writing as to what specific
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1 improper or illegal act he is alleged to have committed; he
2 must be advised in writing that his admissions made in the
3 course of the hearing, interrogation or examination may be
4 used as the basis for charges seeking his removal or
5 discharge; and he must be advised in writing that he has the
6 right to counsel of his own choosing present to advise him at
7 any hearing, interrogation or examination; and a complete
8 record of any hearing, interrogation or examination shall be
9 made and a complete transcript thereof made available to such
10 officer or employee without charge and without delay. Nothing
11 in this Division 1 limits the power of any officer to suspend
12 a subordinate for a reasonable period, not exceeding 30 days
13 except that any employee or officer suspended for more than 5
14 days or suspended within 6 months after a previous suspension
15 shall be entitled, upon request, to a hearing before the
16 civil service commission concerning the propriety of such
17 suspension. In the course of an investigation of charges,
18 each member of the commission, and of any board so appointed
19 by it, and any officer so appointed, may administer oaths and
20 may secure by its subpoena both the attendance and testimony
21 of witnesses, and the production of books and papers relevant
22 to the investigation. Nothing in this Section shall be
23 construed to require such charges or investigation in cases
24 of persons having the custody of public money for the safe
25 keeping of which another person has given bonds.
26 This subsection (a) does not apply to police or
27 firefighters in the classified civil service of a
28 municipality of 500,000 or fewer inhabitants.
29 (b) No officer or employee of a police or fire
30 department in the classified civil service of any
31 municipality having 500,000 or fewer inhabitants who is
32 appointed under the rules and after examination, may be
33 removed or discharged, or suspended for a period of more than
34 5 calendar days, except for cause upon written charges and
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1 after an opportunity to be heard in his own defense. Such
2 charges shall be investigated by or before the civil service
3 commission, or by or before some officer or board appointed
4 by the commission to conduct that investigation. The finding
5 and decision of that commission or investigating officer or
6 board, when approved by the commission, shall be certified to
7 the appointing officer, and shall forthwith be enforced by
8 that officer. Before any such officer or employee of a police
9 or fire department may be interrogated or examined by or
10 before any disciplinary board, or departmental agent or
11 investigator, the results of which hearing, interrogation or
12 examination may be the basis for filing charges seeking his
13 removal or discharge, he must be advised in writing as to
14 what specific improper or illegal act he is alleged to have
15 committed; he must be advised in writing that his admissions
16 made in the course of the hearing, interrogation or
17 examination may be used as the basis for charges seeking his
18 removal or discharge; and he must be advised in writing that
19 he has the right to have counsel of his own choosing present
20 to advise him at any hearing, interrogation or examination;
21 and a complete record of any hearing, interrogation or
22 examination shall be made and a complete transcript thereof
23 made available to such officer or employee without charge and
24 without delay. Nothing in this Division 1 limits the power of
25 the chief officer of a police or fire department to suspend a
26 subordinate for a reasonable period, not exceeding 5 calendar
27 days, provided the civil service commission is promptly
28 notified thereof in writing. Any employee or officer so
29 suspended shall be entitled, upon request, to a hearing
30 before the civil service commission concerning the propriety
31 of such suspension. Upon such hearing, the commission may
32 sustain the action of the chief of the department, may
33 reverse it with instructions that the person receive his pay
34 for the period involved, or may suspend the person for an
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1 additional period of not more than 30 days or discharge him,
2 depending upon the facts presented. In the course of an
3 investigation of charges, each member of the commission, and
4 of any board so appointed by it, and any officer so
5 appointed, may administer oaths and may secure by its
6 subpoena both the attendance and testimony of witnesses, and
7 the production of books and papers relevant to the
8 investigation. If the charge is based upon an allegation of
9 the use of unreasonable force by a police officer, the charge
10 must be brought within 5 years after the commission of the
11 act upon which the charge is based. The statute of
12 limitations established in this Section 10-1-18(b) shall
13 apply only to acts of unreasonable force occurring on or
14 after the effective date of this amendatory Act of 1992.
15 (c) Whenever the corporate authorities of any
16 municipality in which this Division 1 is in operation,
17 designates by ordinance or whenever any general law of this
18 state designates any specific age of not less than 63 years
19 as the maximum age for legal employment of policemen or
20 firemen in the service of any municipality which has adopted
21 or shall adopt this Division 1 or designates any minimum age
22 for the automatic or compulsory retirement of policemen or
23 firemen in the service of that municipality, any such
24 policeman or fireman to whom such ordinance or law may refer
25 or apply upon attaining the designated age of 63 years or
26 upwards as set out in the ordinance or law shall forthwith
27 and immediately be retired from the service of that
28 municipality in accordance with the terms or provisions of
29 that ordinance or law. The civil service commission of the
30 municipality shall discharge or retire automatically any
31 policeman or fireman in the classified civil service of the
32 municipality at the time and in the manner provided in that
33 ordinance or law and certify the retirement or discharge to
34 the proper branch or department head. In the case of any such
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1 policeman or fireman who has filed an application for
2 appointment in the classified civil service of the
3 municipality, the age stated in that application shall be
4 conclusive evidence against that policeman or fireman of his
5 age, but the civil service commission (except as respects
6 police department officers and employees in municipalities of
7 more than 500,000 population where the Police Board shall
8 exercise these powers as provided in Section 10-1-18.1) may
9 hear testimony and consider all evidence available in any
10 case in which any charge is filed against any such policeman
11 or fireman alleging that he understated his age in his
12 application for appointment into the classified civil service
13 of the municipality.
14 In addition to all the other powers now granted by law,
15 the corporate authorities of any municipality which has
16 adopted or shall adopt this Division 1 may by ordinance
17 provide an age limit of not less than 63 years as the maximum
18 age for the legal employment of any person employed as a
19 policeman or fireman under this Division 1, and may provide
20 in that ordinance for the automatic or compulsory retirement
21 and discharge of the policeman or fireman upon his attainment
22 of the designated retirement age.
23 This Section does not apply to the suspension, removal or
24 discharge of officers and civilian employees of the police
25 department in the classified civil service of a municipality
26 of more than 500,000 but that disciplinary action may be
27 taken by the Police Board, rather than the civil service
28 commission, as provided in Section 10-1-18.1.
29 (d) Commencing on January 1, 1993, each board or other
30 entity responsible for determining whether or not to file a
31 charge shall, no later than December 31 of each year, publish
32 a status report on its investigations of allegations of
33 unreasonable force. At a minimum, the status report shall
34 include the following information:
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1 (1) the number of police officers against whom an
2 allegation of unreasonable force was made;
3 (2) the number of allegations of unreasonable force
4 made against each such police officer;
5 (3) the number of police officers against whom
6 disciplinary charges were filed on the basis of
7 allegations of unreasonable force;
8 (4) a listing of investigations of allegations of
9 unreasonable force pending as of the date of the report,
10 together with the dates on which such allegations were
11 made; and
12 (5) a listing of allegations of unreasonable force
13 for which the board has determined not to file charges.
14 These status reports shall not disclose the identity of
15 any witness or victim, nor shall they disclose the
16 identity of any police officer who is the subject of an
17 allegation of unreasonable force against whom a charge
18 has not been filed. The information underlying these
19 status reports shall be confidential and exempt from
20 public inspection and copying, as provided under Section
21 7 of the Freedom of Information Act.
22 (Source: P.A. 87-1239.)
23 (65 ILCS 5/10-2.1-17) (from Ch. 24, par. 10-2.1-17)
24 Sec. 10-2.1-17. Removal or discharge; investigation of
25 charges; retirement. Except as hereinafter provided, no
26 officer or member of the fire or police department of any
27 municipality subject to this Division 2.1 shall be removed or
28 discharged except for cause, upon written charges, and after
29 an opportunity to be heard in his own defense. The hearing
30 shall be as hereinafter provided, unless the corporate
31 authorities and a labor organization negotiate an alternative
32 or supplemental form of due process based upon impartial
33 arbitration as a term of a collective bargaining agreement.
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1 If the chief of the fire department or the chief of the
2 police department or both of them are appointed in the manner
3 provided by ordinance, they may be removed or discharged by
4 the appointing authority. In such case the appointing
5 authority shall file with the corporate authorities the
6 reasons for such removal or discharge, which removal or
7 discharge shall not become effective unless confirmed by a
8 majority vote of the corporate authorities. The board of
9 fire and police commissioners shall conduct a fair and
10 impartial hearing of the charges, to be commenced within 30
11 days of the filing thereof, which hearing may be continued
12 from time to time. In case an officer or member is found
13 guilty, the board may discharge him, or may suspend him not
14 exceeding 30 days without pay. The board may suspend any
15 officer or member pending the hearing with or without pay,
16 but not to exceed 30 days. If the Board of Fire and Police
17 Commissioners determines that the charges are not sustained,
18 the officer or member shall be reimbursed for all wages
19 withheld, if any. In the conduct of this hearing, each
20 member of the board shall have power to administer oaths and
21 affirmations, and the board shall have power to secure by its
22 subpoena both the attendance and testimony of witnesses and
23 the production of books and papers relevant to the hearing.
24 The age for retirement of policemen or firemen in the
25 service of any municipality which adopts this Division 2.1 is
26 65 years, unless the Council or Board of Trustees shall by
27 ordinance provide for an earlier retirement age of not less
28 than 60 years.
29 The provisions of the Administrative Review Law, and all
30 amendments and modifications thereof, and the rules adopted
31 pursuant thereto, shall apply to and govern all proceedings
32 for the judicial review of final administrative decisions of
33 the board of fire and police commissioners hereunder. The
34 term "administrative decision" is defined as in Section 3-101
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1 of the Code of Civil Procedure.
2 Nothing in this Section shall be construed to prevent the
3 chief of the fire department or the chief of the police
4 department from suspending without pay a member of his
5 department for a period of not more than 5 calendar days, but
6 he shall notify the board in writing of such suspension.
7 Any policeman or fireman so suspended may appeal to the board
8 of fire and police commissioners for a review of the
9 suspension within 5 calendar days after such suspension, and
10 upon such appeal, the board may sustain the action of the
11 chief of the department, may reverse it with instructions
12 that the man receive his pay for the period involved, or may
13 suspend the officer for an additional period of not more than
14 30 days or discharge him, depending upon the facts presented.
15 (Source: P.A. 85-915.)
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.