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91_SB0868sam001
LRB9102386EGfgam01
1 AMENDMENT TO SENATE BILL 868
2 AMENDMENT NO. . Amend Senate Bill 868 on page 1, by
3 replacing lines 1 and 2 with the following:
4 "AN ACT in relation to public employee collective
5 bargaining, amending named Acts."; and
6 on page 1, by inserting below line 4 the following:
7 "Section 3. The Counties Code is amended by changing
8 Section 3-8014 as follows:
9 (55 ILCS 5/3-8014) (from Ch. 34, par. 3-8014)
10 Sec. 3-8014. Removal, demotion or suspension. Except as
11 is otherwise provided in this Division, no certified person
12 shall be removed, demoted or suspended except for cause, upon
13 written charges filed with the Merit Commission by the
14 sheriff. Upon the filing of such a petition, the sheriff may
15 suspend the certified person pending the decision of the
16 Commission on the charges. After the charges have been
17 heard, the Commission may direct that the person receive his
18 pay for any part or all of this suspension period, if any.
19 The hearing shall be as hereinafter provided, unless the
20 labor organization representing the person has negotiated an
21 alternative or supplemental form of due process based upon
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1 impartial arbitration as a term of a collective bargaining
2 agreement.
3 The charges shall be heard by the Commission upon not
4 less than 14 days' certified notice. At such hearing, the
5 accused certified person shall be afforded full opportunity
6 to be represented by counsel, to be heard in his own defense
7 and to produce proof in his defense. Both the Commission
8 and the sheriff may be represented by counsel. The State's
9 Attorney of the applicable county may advise either the
10 Commission or the sheriff. The other party may engage
11 private counsel to advise it.
12 The Commission shall have the power to secure by its
13 subpoena both the attendance and testimony of witnesses and
14 the production of books and papers in support of the charges
15 and for the defense. Each member of the Commission shall
16 have the power to administer oaths.
17 If the charges against an accused person are established
18 by the preponderance of evidence, the Commission shall make a
19 finding of guilty and order either removal, demotion, loss of
20 seniority, suspension for a period of not more than 180 days,
21 or such other disciplinary punishment as may be prescribed by
22 the rules and regulations of the Commission which, in the
23 opinion of the members thereof, the offense justifies. If
24 the charges against an accused person are not established by
25 the preponderance of evidence, the Commission shall make a
26 finding of not guilty and shall order that the person be
27 reinstated and be paid his compensation for the suspension
28 period, if any, while awaiting the hearing. The sheriff
29 shall take such action as may be ordered by the Commission.
30 The provisions of the Administrative Review Law, and all
31 amendments and modifications thereof, and the rules adopted
32 pursuant thereto, shall apply to and govern all proceedings
33 for the judicial review of any order of the Commission
34 rendered pursuant to this Section. The plaintiff shall pay
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1 the reasonable cost of preparing and certifying the record
2 for judicial review. However, if the plaintiff prevails in
3 the judicial review proceeding, the court shall award to the
4 plaintiff a sum equal to the costs paid by the plaintiff to
5 have the record for judicial review prepared and certified.
6 (Source: P.A. 86-962.)"; and
7 on page 1, in line 6, by changing "Sections10-1-18" to
8 "Sections 10-1-18".