Illinois General Assembly - Full Text of Public Act 100-1073
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Public Act 100-1073


 

Public Act 1073 100TH GENERAL ASSEMBLY



 


 
Public Act 100-1073
 
SB2707 EnrolledLRB100 17609 RJF 32779 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Personnel Code is amended by changing
Section 11 as follows:
 
    (20 ILCS 415/11)  (from Ch. 127, par. 63b111)
    Sec. 11. Hearing - disciplinary action. No officer or
employee under jurisdiction B, relating to merit and fitness,
who has been appointed under the rules and after examination,
shall be removed discharged or demoted, or be suspended for a
period of more than 30 days, in any 12 month period, except for
cause, upon written charges approved by the Director of Central
Management Services, and after an opportunity to be heard in
his own defense if he makes written request to the Commission
within 15 days after the serving of the written charges upon
him. Upon the filing of such a request for a hearing, the
Commission shall grant a hearing within 30 days. The time and
place of the hearing shall be fixed by the Commission, and due
notice thereof given the appointing officer and the employee.
The hearing shall be public, and the officer or employee is
entitled to call witnesses in his own defense and to have the
aid of counsel. The finding and decision of the Commission, or
the approval by the Commission of the finding and decision of
the officer or board appointed by it to conduct such
investigation, shall be rendered within 60 days after the
receipt of the transcript of the proceedings, unless the
Commission remands the matter back to the officer or board
appointed to conduct such investigation for the purpose of
taking additional evidence or soliciting additional argument.
After receipt of the transcript of the proceedings after
remand, or receipt of additional evidence or additional
argument after remand, the Commission shall have an additional
60 days in which to render a finding and decision. If the
finding and decision is not rendered within 60 days after
receipt of the transcript of the proceedings, or within 60 days
after receipt of the transcript of the proceedings after remand
or 60 days after receipt of additional evidence or additional
argument after remand, the employee shall be considered to be
reinstated and shall receive full compensation for the period
for which he was suspended. The finding and decision of the
Commission or officer or board appointed by it to conduct
investigation, when approved by the Commission, shall be
certified to the Director, and shall be forthwith enforced by
the Director. In making its finding and decision, or in
approving the finding and decision of some officer or board
appointed by it to conduct such investigation, the Civil
Service Commission may, for disciplinary purposes, suspend an
employee for a period of time not to exceed 90 days, and in no
event to exceed a period of 120 days from the date of any
suspension of such employee, pending investigation of such
charges. If the Commission certifies a decision that an officer
or employee is to be retained in his position and if it does
not order a suspension for disciplinary purposes, the officer
or employee shall receive full compensation for any period
during which he was suspended pending the investigation of the
charges.
    Nothing in this Section shall limit the authority to
suspend an employee for a reasonable period not exceeding 30
days, in any 12 month period.
    Notwithstanding the provisions of this Section, an
arbitrator of the Illinois Workers' Compensation Commission,
appointed pursuant to Section 14 of the Workers' Compensation
Act, may be removed by the Governor upon the recommendation of
the Commission Review Board pursuant to Section 14.1 of such
Act.
    Notwithstanding the provisions of this Section, a policy
making officer of a State agency, as defined in the Employee
Rights Violation Act, shall be discharged from State employment
as provided in the Employee Rights Violation Act, enacted by
the 85th General Assembly.
(Source: P.A. 93-721, eff. 1-1-05.)

Effective Date: 1/1/2019