HB5009 102ND GENERAL ASSEMBLY

LRB102 23438 RLC 32608 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5009

Introduced 1/27/2022, by Rep. Justin Slaughter

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Public Labor Relations Act. Provides that notwithstanding the provisions of the Act and the Uniform Arbitration Act, arbitrators' decisions involving peace officer terminations or suspensions of more than 30 days are subject to judicial review under the Administrative Review Law. Amends the Uniform Peace Officers' Disciplinary Act. Provides that for purposes of an arbitration proceeding concerning alleged misconduct by a peace officer: (1) a law enforcement agency or, if applicable, a civilian or community oversight board, agency or review body, has the burden of proof by a preponderance of the evidence to show that: (1) the officer engaged in the alleged misconduct; and (2) created to oversee disciplinary matters concerning law enforcement officers pursuant to a city charter or ordinance for which a measure that included the question of whether to establish the board, agency, or body. Provides that when the imposed disciplinary action is termination of employment, an arbitrator may not set aside or reduce the imposed disciplinary action if setting aside or reducing the disciplinary action is inconsistent with the public interest in maintaining community trust, enforcing a higher standard of conduct for officers and ensuring an accountable, fair, and just disciplinary process. Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall adopt rules that prescribe uniform: (1) standards of conduct, including guidelines and procedures, to which law enforcement officers shall adhere; and (2) disciplinary standards and procedures, including a range of disciplinary actions that may include consideration of aggravating or mitigating circumstances, by which a law enforcement agency, a civilian or community oversight board, agency or review body, and an arbitrator who serves in an arbitration proceeding concerning peace officer discipline. Makes other changes.

A BILL FOR

AN ACT concerning Local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. This Act may be referred to as the Equitable Arbitration Act.

Section 5. The Illinois Public Labor Relations Act is amended by changing Sections 6 and 8 as follows:

(5 ILCS 315/6) (from Ch. 48, par. 1606)

Sec. 6. Right to organize and bargain collectively; exclusive representation; and fair share arrangements.

(a) Employees of the State and any political subdivision of the State, excluding employees of the General Assembly of the State of Illinois and employees excluded from the definition of "public employee" under subsection (n) of Section 3 of this Act, have, and are protected in the exercise of, the right of self-organization, and may form, join or assist any labor organization, to bargain collectively through representatives of their own choosing on questions of wages, hours and other conditions of employment, not excluded by Section 4 of this Act, and to engage in other concerted activities not otherwise prohibited by law for the purposes of collective bargaining or other mutual aid or protection, free from interference, restraint or coercion. Employees also have, and are protected in the exercise of, the right to refrain from participating in any such concerted activities. Employees may be required, pursuant to the terms of a lawful fair share agreement, to pay a fee which shall be their proportionate share of the costs of the collective bargaining process, contract administration and pursuing matters affecting wages, hours and other conditions of employment as defined in Section 3(g).

(b) Nothing in this Act prevents an employee from presenting a grievance to the employer and having the grievance heard and settled without the intervention of an employee organization; provided that the exclusive bargaining representative is afforded the opportunity to be present at such conference and that any settlement made shall not be inconsistent with the terms of any agreement in effect between the employer and the exclusive bargaining representative.

(c) A labor organization designated by the Board as the representative of the majority of public employees in an appropriate unit in accordance with the procedures herein or recognized by a public employer as the representative of the majority of public employees in an appropriate unit is the exclusive representative for the employees of such unit for the purpose of collective bargaining with respect to rates of pay, wages, hours and other conditions of employment not excluded by Section 4 of this Act. Unless otherwise mutually agreed, a public employer is required at least once each month and upon request, to furnish the exclusive bargaining representative with a complete list of the names and addresses of the public employees in the bargaining unit, provided that a public employer shall not be required to furnish such a list more than once per payroll period. The exclusive bargaining representative shall use the list exclusively for bargaining representation purposes and shall not disclose any information contained in the list for any other purpose. Nothing in this Section, however, shall prohibit a bargaining representative from disseminating a list of its union members.

At the time the public employer provides such list, it shall also provide to the exclusive representative, in an Excel file or other mutually agreed upon editable digital file format, the employee's job title, worksite location, work telephone numbers, identification number if available, and any home and personal cellular telephone numbers on file with the employer, date of hire, work email address, and any personal email address on file with the employer. In addition, unless otherwise mutually agreed, within 10 calendar days from the date of hire of a bargaining unit employee, the public employer shall provide to the exclusive representative, in an electronic file or other mutually agreed upon format, the following information about the new employee: the employee's name, job title, worksite location, home address, work telephone numbers, and any home and personal cellular telephone numbers on file with the employer, date of hire, work email address, and any personal email address on file with the employer.

(c-5) No employer shall disclose the following information of any employee: (1) the employee's home address (including ZIP code and county); (2) the employee's date of birth; (3) the employee's home and personal phone number; (4) the employee's personal email address; (5) any information personally identifying employee membership or membership status in a labor organization or other voluntary association affiliated with a labor organization or a labor federation (including whether employees are members of such organization, the identity of such organization, whether or not employees pay or authorize the payment of any dues or moneys to such organization, and the amounts of such dues or moneys); and (6) emails or other communications between a labor organization and its members.

As soon as practicable after receiving a request for any information prohibited from disclosure under this subsection (c-5), excluding a request from the exclusive bargaining representative of the employee, the employer must provide a written copy of the request, or a written summary of any oral request, to the exclusive bargaining representative of the employee or, if no such representative exists, to the employee. The employer must also provide a copy of any response it has made within 5 business days of sending the response to any request.

If an employer discloses information in violation of this subsection (c-5), an aggrieved employee of the employer or his or her exclusive bargaining representative may file an unfair labor practice charge with the Illinois Labor Relations Board pursuant to Section 10 of this Act or commence an action in the circuit court to enforce the provisions of this Act, including actions to compel compliance, if an employer willfully and wantonly discloses information in violation of this subsection. The circuit court for the county in which the complainant resides, in which the complainant is employed, or in which the employer is located shall have jurisdiction in this matter.

This subsection does not apply to disclosures (i) required under the Freedom of Information Act, (ii) for purposes of conducting public operations or business, or (iii) to the exclusive representative.

(c-10) Employers shall provide to exclusive representatives, including their agents and employees, reasonable access to employees in the bargaining units they represent. This access shall at all times be conducted in a manner so as not to impede normal operations.

(1) Access includes the following:

(A) the right to meet with one or more employees on the employer's premises during the work day to investigate and discuss grievances and workplace-related complaints without charge to pay or leave time of employees or agents of the exclusive representative;

(B) the right to conduct worksite meetings during lunch and other non-work breaks, and before and after the workday, on the employer's premises to discuss collective bargaining negotiations, the administration of collective bargaining agreements, other matters related to the duties of the exclusive representative, and internal matters involving the governance or business of the exclusive representative, without charge to pay or leave time of employees or agents of the exclusive representative;

(C) the right to meet with newly hired employees, without charge to pay or leave time of the employees or agents of the exclusive representative, on the employer's premises or at a location mutually agreed to by the employer and exclusive representative for up to one hour either within the first two weeks of employment in the bargaining unit or at a later date and time if mutually agreed upon by the employer and the exclusive representative; and

(D) the right to use the facility mailboxes and bulletin boards of the employer to communicate with bargaining unit employees regarding collective bargaining negotiations, the administration of the collective bargaining agreements, the investigation of grievances, other workplace-related complaints and issues, and internal matters involving the governance or business of the exclusive representative.

(2) Nothing in this Section shall prohibit an employer and exclusive representative from agreeing in a collective bargaining agreement to provide the exclusive representative greater access to bargaining unit employees, including through the use of the employer's email system.

(d) Labor organizations recognized by a public employer as the exclusive representative or so designated in accordance with the provisions of this Act are responsible for representing the interests of all public employees in the unit. Nothing herein shall be construed to limit an exclusive representative's right to exercise its discretion to refuse to process grievances of employees that are unmeritorious.

(e) When a collective bargaining agreement is entered into with an exclusive representative, it may include in the agreement a provision requiring employees covered by the agreement who are not members of the organization to pay their proportionate share of the costs of the collective bargaining process, contract administration and pursuing matters affecting wages, hours and conditions of employment, as defined in Section 3 (g), but not to exceed the amount of dues uniformly required of members. The organization shall certify to the employer the amount constituting each nonmember employee's proportionate share which shall not exceed dues uniformly required of members. In such case, the proportionate share payment in this Section shall be deducted by the employer from the earnings of the nonmember employees and paid to the employee organization.

(f) Employers shall make payroll deductions of labor organization dues, initiation fees, assessments, and other payments for a labor organization that is the exclusive representative. Such deductions shall be made in accordance with the terms of an employee's written authorization, and shall be paid to the exclusive representative. Written authorization may be evidenced by electronic communications, and such writing or communication may be evidenced by the electronic signature of the employee as provided under Section 5-120 of the Uniform Electronic Transactions Act.

There is no impediment to an employee's right to resign union membership at any time. However, notwithstanding any other provision of law to the contrary regarding authorization and deduction of dues or other payments to a labor organization, the exclusive representative and a public employee may agree to reasonable limits on the right of the employee to revoke such authorization, including a period of irrevocability that exceeds one year. An authorization that is irrevocable for one year, which may be automatically renewed for successive annual periods in accordance with the terms of the authorization, and that contains at least an annual 10-day period of time during which the employee may revoke the authorization, shall be deemed reasonable.

This Section shall apply to all claims that allege that a labor organization or a public employer has improperly deducted or collected dues from an employee without regard to whether the claims or the facts upon which they are based occurred before, on, or after the effective date of this amendatory Act of the 101st General Assembly and shall apply retroactively to the maximum extent permitted by law.

(f-5) Where a collective bargaining agreement is terminated, or continues in effect beyond its scheduled expiration date pending the negotiation of a successor agreement or the resolution of an impasse under Section 14, the employer shall continue to honor and abide by any dues deduction or fair share clause contained therein until a new agreement is reached including dues deduction or a fair share clause. For the benefit of any successor exclusive representative certified under this Act, this provision shall be applicable, provided the successor exclusive representative:

(i) certifies to the employer the amount constituting each non-member's proportionate share under subsection (e); or

(ii) presents the employer with employee written authorizations for the deduction of dues, assessments, and fees under this subsection.

Failure to so honor and abide by dues deduction or fair share clauses for the benefit of any exclusive representative, including a successor, shall be a violation of the duty to bargain and an unfair labor practice.

(f-10) Upon receiving written notice of authorization, the public employer must commence dues deductions as soon as practicable, but in no case later than 30 days after receiving notice from the labor organization. Employee deductions shall be transmitted to the labor organization no later than 30 days after they are deducted unless a shorter period is mutually agreed to.

(f-15) Deductions shall remain in effect until:

(1) the public employer receives notice that a public employee has revoked their authorization in writing in accordance with the terms of the authorization; or

(2) the individual employee is no longer employed by the public employer in a bargaining unit position represented by the same exclusive representative, provided that if the employee is, within a period of one year, employed by the same public employer in a position represented by the same labor organization, the right to dues deduction shall be automatically reinstated.

Nothing in this subsection prevents an employee from continuing to authorize payroll deductions when no longer represented by the exclusive representative that would receive such deduction.

Should the individual employee who has signed a dues deduction authorization card either be removed from a public employer's payroll or otherwise placed on any type of involuntary or voluntary leave of absence, whether paid or unpaid, the public employee's dues deduction shall be continued upon that public employee's return to the payroll in a bargaining unit position represented by the same exclusive representative or restoration to active duty from such a leave of absence.

(f-20) Unless otherwise mutually agreed by the public employer and the exclusive representative, employee requests to authorize, revoke, cancel, or change authorizations for payroll deductions for labor organizations shall be directed to the labor organization rather than to the public employer. The labor organization shall be responsible for initially processing and notifying the public employer of proper requests or providing proper requests to the employer. If the requests are not provided to the public employer, the employer shall rely on information provided by the labor organization regarding whether deductions for a labor organization were properly authorized, revoked, canceled, or changed, and the labor organization shall indemnify the public employer for any damages and reasonable costs incurred for any claims made by employees for deductions made in good faith reliance on that information.

(f-25) Upon receipt by the exclusive representative of an appropriate written authorization from an employee, written notice of authorization shall be provided to the employer and any authorized deductions shall be made in accordance with law. The labor organization shall indemnify the public employer for any damages and reasonable costs incurred for any claims made by employees for deductions made in good faith reliance on its notification.

(f-30) The failure of an employer to comply with the provisions of this Section shall be a violation of the duty to bargain and an unfair labor practice. Relief for the violation shall be reimbursement by the public employer of dues that should have been deducted or paid based on a valid authorization given by the employee or employees. In addition, the provisions of a collective bargaining agreement that contain the obligations set forth in this Section may be enforced in accordance with Sections 8 and 16.

(f-35) The Illinois Labor Relations Board shall have exclusive jurisdiction over claims under Illinois law that allege that a labor organization has unlawfully collected dues from a public employee in violation of this Act. The Board shall by rule require that in cases in which a public employee alleges that a labor organization has unlawfully collected dues, the public employer shall continue to deduct the employee's dues from the employee's pay, but shall transmit the dues to the Board for deposit in an escrow account maintained by the Board. If the exclusive representative maintains an escrow account for the purpose of holding dues to which an employee has objected, the employer shall transmit the entire amount of dues to the exclusive representative, and the exclusive representative shall hold in escrow the dues that the employer would otherwise have been required to transmit to the Board for escrow; provided that the escrow account maintained by the exclusive representative complies with rules adopted by the Board or that the collective bargaining agreement requiring the payment of the dues contains an indemnification provision for the purpose of indemnifying the employer with respect to the employer's transmission of dues to the exclusive representative.

(f-40) If any clause, sentence, paragraph, or subparagraph of this Section shall be adjudged by a court of competent jurisdiction to be unconstitutional or otherwise invalid, that judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or subparagraph of this Section directly involved in the controversy in which that judgment shall have been rendered.

If any clause, sentence, paragraph, or part of a signed authorization for payroll deductions shall be adjudged by a court of competent jurisdiction to be unconstitutional or otherwise invalid, that judgment shall not affect, impair, or invalidate the remainder of the signed authorization, but shall be confined in its operation to the clause, sentence, paragraph, or part of the signed authorization directly involved in the controversy in which that judgment shall have been rendered.

(g) Agreements containing a fair share agreement must safeguard the right of nonassociation of employees based upon bona fide religious tenets or teachings of a church or religious body of which such employees are members. Such employees may be required to pay an amount equal to their fair share, determined under a lawful fair share agreement, to a nonreligious charitable organization mutually agreed upon by the employees affected and the exclusive bargaining representative to which such employees would otherwise pay such service fee. If the affected employees and the bargaining representative are unable to reach an agreement on the matter, the Board may establish an approved list of charitable organizations to which such payments may be made.

(h) This Section is subject to the provisions of Sections 8.1 and 8.2 of the Uniform Peace Officers' Disciplinary Act.

(Source: P.A. 101-620, eff. 12-20-19; 102-38, eff. 6-25-21.)

(5 ILCS 315/8) (from Ch. 48, par. 1608)

Sec. 8. Grievance Procedure.

(a) The collective bargaining agreement negotiated between the employer and the exclusive representative shall contain a grievance resolution procedure which shall apply to all employees in the bargaining unit and shall provide for final and binding arbitration of disputes concerning the administration or interpretation of the agreement unless mutually agreed otherwise. Any agreement containing a final and binding arbitration provision shall also contain a provision prohibiting strikes for the duration of the agreement. Except as otherwise provided in Sections 8.1 and 8.2 of the Uniform Peace Officers' Disciplinary Act, the The grievance and arbitration provisions of any collective bargaining agreement shall be subject to the Illinois "Uniform Arbitration Act". The costs of such arbitration shall be borne equally by the employer and the employee organization. Notwithstanding the provisions of this Act and the Uniform Arbitration Act, arbitrators' decisions involving peace officer terminations or suspensions of more than 30 days are subject to judicial review under the Administrative Review Law.

(b)(1) A public employer that is a law enforcement agency may enter into a written agreement with the exclusive representative of an appropriate bargaining unit of peace officers setting forth a grievance procedure culminating in binding arbitration or any other dispute resolution process agreed to by the parties. As a condition of enforceability, any arbitration award that orders the reinstatement of a peace officer or otherwise relieves the peace officer of responsibility for misconduct shall comply with public policy requirements as clearly defined in statutes or judicial decisions, including, but not limited to, policies respecting sexual harassment or sexual misconduct, unjustified and egregious use of physical or deadly force and serious criminal misconduct, related to work. In addition, with respect to claims that a grievant should be reinstated or otherwise relieved of responsibility for misconduct based upon the public employer's alleged previous differential treatment of peace officer employees for the same or similar conduct, the arbitration award must conform to the following principles:

(A) Some misconduct is so egregious that no employee can reasonably rely on past treatment for similar offenses as a justification or defense to discharge or other discipline.

(B) Public managers have a right to change disciplinary policies at any time, notwithstanding prior practices, if the managers give reasonable advance notice to affected peace officer employees and the change does not otherwise violate a collective bargaining agreement.

(2) In addition to paragraph (1) of this subsection, a public employer may enter into a written agreement with the exclusive representative of its employees providing that a labor dispute over conditions and terms of a contract may be resolved through binding arbitration.

(3) In an arbitration proceeding under this subsection, the arbitrators, or a majority of the arbitrators, may:

(A) issue subpoenas on their own motion or at the request of a party to the proceeding to: (i) compel the attendance of a witness properly served by either party; and (ii) Require from either party the production of books, papers and documents the arbitrators find are relevant to the proceeding;

(B) administer oaths or affirmations to witnesses; and

(C) adjourn a hearing from day to day, or for a longer time, and from place to place.

(4) The arbitrators shall promptly provide a copy of a subpoena issued under this subsection to each party to the arbitration proceeding.

(5) The arbitrators issuing a subpoena under this subsection may rule on objections to the issuance of the subpoena.

(6) If a person fails to comply with a subpoena issued under this subsection or if a witness refuses to testify on a matter on which the witness may be lawfully questioned, the party who requested the subpoena or seeks the testimony may apply to the arbitrators for an order authorizing the party to apply to the circuit court of any county to enforce the subpoena or compel the testimony. On the application of the attorney of record for the party or on the application of the arbitrators, or a majority of the arbitrators, the court may require the person or witness to show cause why the person or witness should not be punished for contempt of court to the same extent and purpose as if the proceedings were pending before the court.

(7) Witnesses appearing pursuant to subpoena, other than parties or officers or employees of the public employer, shall receive fees and mileage as prescribed by law for witnesses in civil cases.

(Source: P.A. 83-1012.)

Section 10. The Illinois Police Training Act is amended by by changing Section 6.3 and by adding Section 6.8 as follows:

(50 ILCS 705/6.3)

Sec. 6.3. Discretionary decertification of full-time and part-time law enforcement officers.

(a) Definitions. For purposes of this Section 6.3:

"Duty to intervene" means an obligation to intervene to prevent harm from occurring that arises when: an officer is present, and has reason to know (1) that excessive force is being used or that any constitutional violation has been committed by a law enforcement official; and (2) the officer has a realistic opportunity to intervene. This duty applies equally to supervisory and nonsupervisory officers. If aid is required, the officer shall not, when reasonable to administer aid, knowingly and willingly refuse to render aid as defined by State or federal law. An officer does not violate this duty if the failure to render aid is due to circumstances such as lack of appropriate specialized training, lack of resources or equipment, or if it is unsafe or impracticable to render aid.

"Excessive use of force" means using force in violation of State or federal law.

"False statement" means (1) any knowingly false statement provided on a form or report, (2) that the writer does not believe to be true, and (3) that the writer includes to mislead a public servant in performing the public servant's official functions.

"Perjury" means that as defined under Sections 32-2 and 32-3 of the Criminal Code of 2012.

"Tampers with or fabricates evidence" means if a law enforcement officer (1) has reason to believe that an official proceeding is pending or may be instituted, and (2) alters, destroys, conceals, or removes any record, document, data, video or thing to impair its validity or availability in the proceeding.

(b) Decertification conduct. The Board has the authority to decertify a full-time or a part-time law enforcement officer upon a determination by the Board that the law enforcement officer has:

(1) committed an act that would constitute a felony or misdemeanor which could serve as basis for automatic decertification, whether or not the law enforcement officer was criminally prosecuted, and whether or not the law enforcement officer's employment was terminated;

(2) exercised excessive use of force;

(3) failed to comply with the officer's duty to intervene, including through acts or omissions;

(4) tampered with a dash camera or body-worn camera or data recorded by a dash camera or body-worn camera or directed another to tamper with or turn off a dash camera or body-worn camera or data recorded by a dash camera or body-worn camera for the purpose of concealing, destroying or altering potential evidence;

(5) engaged in the following conduct relating to the reporting, investigation, or prosecution of a crime: committed perjury, made a false statement, or knowingly tampered with or fabricated evidence; and

(6) engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public; such conduct or practice need not have resulted in actual injury to any person. As used in this paragraph, the term "unprofessional conduct" shall include any departure from, or failure to conform to, the minimal standards of acceptable and prevailing practice of an officer; and .

(7) violated the uniform standards of law enforcement officer conduct prescribed under Section 6.8.

(c) Notice of alleged violation Alleged Violation.

(1) The following individuals and agencies shall notify the Board within 7 days of becoming aware of any violation described in subsection (b):

(A) A governmental agency as defined in Section 2 or any law enforcement officer of this State. For this subsection (c), governmental agency includes, but is not limited to, a civilian review board, an inspector general, and legal counsel for a governmental government agency.

(B) The Executive Director of the Board. ;

(C) A State's Attorney's Office of this State.

"Becoming aware" does not include confidential communications between agency lawyers and agencies regarding legal advice. For purposes of this subsection, "governmental agency" does not include the Illinois Attorney General when providing legal representation to a law enforcement officer under the State Employee Indemnification Act.

(2) Any person may also notify the Board of any conduct the person believes a law enforcement officer has committed as described in subsection (b). Such notifications may be made confidentially. Notwithstanding any other provision in State state law or any collective bargaining agreement, the Board shall accept notice and investigate any allegations from individuals who remain confidential.

(3) Upon written request, the Board shall disclose to the individual or entity who filed a notice of violation the status of the Board's review.

(d) Form. The notice of violation reported under subsection (c) shall be on a form prescribed by the Board in its rules. The form shall be publicly available by paper and electronic means. The form shall include fields for the following information, at a minimum:

(1) the full name, address, and telephone number of the person submitting the notice;

(2) if submitted under paragraph subsection (c)(1), the agency name and title of the person submitting the notice;

(3) the full name, badge number, governmental agency, and physical description of the officer, if known;

(4) the full name or names, address or addresses, telephone number or numbers, and physical description or descriptions of any witnesses, if known;

(5) a concise statement of facts that describe the alleged violation and any copies of supporting evidence, including, but not limited to, any photographic, video, or audio recordings of the incident;

(6) whether the person submitting the notice has notified any other agency; and

(7) an option for an individual, who submits directly to the Board, to consent to have the individual's identity disclosed.

(a) The identity of any individual providing information or reporting any possible or alleged violation to the Board shall be kept confidential and may not be disclosed without the consent of that individual, unless the individual consents to disclosure of the individual's name or disclosure of the individual's identity is otherwise required by law. The confidentiality granted by this subsection does not preclude the disclosure of the identity of a person in any capacity other than as the source of an allegation.

Nothing in this subsection (d) shall preclude the Board from receiving, investigating, or acting upon allegations made confidentially or in a format different from the form provided for in this subsection.

(e) Preliminary review.

(1) The Board shall complete a preliminary review of the allegations to determine whether there is sufficient information to warrant a further investigation of any violations of the Act. Upon initiating a preliminary review of the allegations, the Board shall notify the head of the governmental agency that employs the law enforcement officer who is the subject of the allegations. At the request of the Board, the governmental agency must submit any copies of investigative findings, evidence, or documentation to the Board in accordance with rules adopted by the Board to facilitate the Board's preliminary review. The Board may correspond with the governmental agency, official records clerks or any investigative agencies in conducting its preliminary review.

(2) During the preliminary review, the Board will take all reasonable steps to discover any and all objective verifiable evidence relevant to the alleged violation through the identification, retention, review, and analysis of all currently available evidence, including, but not limited to: all time-sensitive evidence, audio and video evidence, physical evidence, arrest reports, photographic evidence, GPS records, computer data, lab reports, medical documents, and witness interviews. All reasonable steps will be taken to preserve relevant evidence identified during the preliminary investigation.

(3) If after a preliminary review of the alleged violation or violations, the Board believes there is sufficient information to warrant further investigation of any violations of this Act, the alleged violation or violations shall be assigned for investigation in accordance with subsection (f).

(4) If after a review of the allegations, the Board believes there is insufficient information supporting the allegations to warrant further investigation, it may close a notice. Notification of the Board's decision to close a notice shall be sent to all relevant individuals, agencies, and any entities that received notice of the violation under subsection (c) within 30 days of the notice being closed, except in cases where the notice is submitted anonymously if the complainant is unknown.

(5) Except when the Board has received notice under subparagraph (A) of paragraph (1) of subsection (c), no later than 30 days after receiving notice, the Board shall report any notice of violation it receives to the relevant governmental agency, unless reporting the notice would jeopardize any subsequent investigation. The Board shall also record any notice of violation it receives to the Officer Professional Conduct Database in accordance with Section 9.2. The Board shall report to the appropriate State's Attorney any alleged violations that contain allegations, claims, or factual assertions that, if true, would constitute a violation of Illinois law. The Board shall inform the law enforcement officer via certified mail that it has received a notice of violation against the law enforcement officer.

If the Board determines that due to the circumstances and the nature of the allegation that it would not be prudent to notify the law enforcement officer and the officer's governmental agency unless and until the filing of a formal complaint Formal Complaint, the Board shall document in the file the reason or reasons a notification was not made.

(6) If a criminal proceeding has been initiated against the law enforcement officer, the Board is responsible for maintaining a current status report including court dates, hearings, pleas, adjudication status and sentencing. A State's Attorney's Office is responsible for notifying the Board of any criminal charges filed against a law enforcement officer.

(f) Investigations; requirements. Investigations are to be assigned after a preliminary review, unless the investigations were closed under paragraph (4) of subsection (e), as follows in paragraphs (1), (2), and (3) of this subsection (f).

(1) A governmental agency that submits a notice of violation to the Board under subparagraph (A) of paragraph (1) of subsection (c) shall be responsible for conducting an investigation of the underlying allegations except when: (i) the governmental agency refers the notice to another governmental agency or the Board for investigation and such other agency or the Board agrees to conduct the investigation; (ii) an external, independent, or civilian oversight agency conducts the investigation in accordance with local ordinance or other applicable law; or (iii) the Board has determined that it will conduct the investigation based upon the facts and circumstances of the alleged violation, including, but not limited to, investigations regarding the Chief or Sheriff of a governmental agency, familial conflict of interests, complaints involving a substantial portion of a governmental agency, or complaints involving a policy of a governmental agency. Any agency or entity conducting an investigation under this paragraph (1) shall, within 7 days of completing an investigation, deliver an Investigative Summary Report and copies of any administrative evidence to the Board. If the Board finds an investigation conducted under this paragraph (1) is incomplete, unsatisfactory, or deficient in any way, the Board may direct the investigating entity or agency to take any additional investigative steps deemed necessary to thoroughly and satisfactorily complete the investigation, or the Board may take any steps necessary to complete the investigation. The investigating entity or agency or, when necessary, the Board will then amend and re-submit the Investigative Summary Report to the Board for approval.

(2) The Board shall investigate and complete an Investigative Summary Report when a State's Attorney's Office submits a notice of violation to the Board under subparagraph (c)(1)(C).

(3) When a person submits a notice to the Board under paragraph (2) of subsection (c), The Board shall assign the investigation to the governmental agency that employs the law enforcement officer, except when: (i) the governmental agency requests to refer the notice to another governmental agency or the Board for investigation and such other agency or the Board agrees to conduct the investigation; (ii) an external, independent, or civilian oversight agency conducts the investigation in accordance with local ordinance or other applicable law; or (iii) the Board has determined that it will conduct the investigation based upon the facts and circumstances of the alleged violation, including, but not limited to, investigations regarding the Chief or Sheriff of a governmental agency, familial conflict of interests, complaints involving a substantial portion of a governmental agency, or complaints involving a policy of a governmental agency. The investigating entity or agency shall, within 7 days of completing an investigation, deliver an Investigative Summary Report and copies of any evidence to the Board. If the Board finds an investigation conducted under this paragraph subsection (f)(3) is incomplete, unsatisfactory, or deficient in any way, the Board may direct the investigating entity to take any additional investigative steps deemed necessary to thoroughly and satisfactorily complete the investigation, or the Board may take any steps necessary to complete the investigation. The investigating entity or agency or, when necessary, the Board will then amend and re-submit The Investigative Summary Report to the Board for approval. The investigating entity shall cooperate with and assist the Board, as necessary, in any subsequent investigation.

(4) Concurrent investigations Investigations. The Board may, at any point, initiate a concurrent investigation under this Section section. The original investigating entity shall timely communicate, coordinate, and cooperate with the Board to the fullest extent. The Board shall promulgate rules that shall address, at a minimum, the sharing of information and investigative means such as subpoenas and interviewing witnesses.

(5) Investigative Summary Report. An Investigative Summary Report shall contain, at a minimum, the allegations and elements within each allegation followed by the testimonial, documentary, or physical evidence that is relevant to each such allegation or element listed and discussed in association with it. All persons who have been interviewed and listed in the Investigative Summary Report will be identified as a complainant, witness, person with specialized knowledge, or law enforcement employee.

(6) Each governmental agency shall adopt a written policy regarding the investigation of conduct under subsection (b) (a) that involves a law enforcement officer employed by that governmental agency. The written policy adopted must include the following, at a minimum:

(a) Each law enforcement officer shall immediately report any conduct under subsection (b) to the appropriate supervising officer.

(b) The written policy under this Section shall be available for inspection and copying under the Freedom of Information Act, and not subject to any exemption of that Act.

(7) Nothing in this Act shall prohibit a governmental agency from conducting an investigation for the purpose of internal discipline. However, any such investigation shall be conducted in a manner that avoids interference with, and preserves the integrity of, any separate investigation being conducted.

(g) Formal complaints. Upon receipt of an Investigative Summary Report, the Board shall review the Report and any relevant evidence obtained and determine whether there is reasonable basis to believe that the law enforcement officer committed any conduct that would be deemed a violation of this Act. If after reviewing the Report and any other relevant evidence obtained, the Board determines that a reasonable basis does exist, the Board shall file a formal complaint with the Certification Review Panel.

(h) Formal complaint hearing Complaint Hearing.

(1) Upon issuance of a formal complaint, the Panel shall set the matter for an initial hearing in front of an administrative law judge. At least 30 days before the date set for an initial hearing, the Panel must, in writing, notify the law enforcement officer subject to the complaint of the following:

(i) the allegations against the law enforcement officer, the time and place for the hearing, and whether the law enforcement officer's certification has been temporarily suspended under Section 8.3;

(ii) the right to file a written answer to the complaint with the Panel within 30 days after service of the notice;

(iii) if the law enforcement officer fails to comply with the notice of the default order in paragraph (2), the Panel shall enter a default order against the law enforcement officer along with a finding that the allegations in the complaint are deemed admitted, and that the law enforcement officer's certification may be revoked as a result; and

(iv) the law enforcement officer may request an informal conference to surrender the officer's certification.

(2) The Board shall send the law enforcement officer notice of the default order. The notice shall state that the officer has 30 days to notify the Board in writing of their desire to have the order vacated and to appear before the Board. If the law enforcement officer does not notify the Board within 30 days, the Board may set the matter for hearing. If the matter is set for hearing, the Board shall send the law enforcement officer the notice of the date, time and location of the hearing. If the law enforcement officer or counsel for the officer does appear, at the Board's discretion, the hearing may proceed or may be continued to a date and time agreed upon by all parties. If on the date of the hearing, neither the law enforcement officer nor counsel for the officer appears, the Board may proceed with the hearing for default in their absence.

(3) If the law enforcement officer fails to comply with paragraph (2), all of the allegations contained in the complaint shall be deemed admitted and the law enforcement officer shall be decertified if, by a majority vote of the panel, the conduct charged in the complaint is found to constitute sufficient grounds for decertification under this Act. Notice of the decertification decision may be served by personal delivery, by mail, or, at the discretion of the Board, by electronic means as adopted by rule to the address or email address specified by the law enforcement officer in the officer's last communication with the Board. Notice shall also be provided to the law enforcement officer's governmental agency.

(4) The Board, at the request of the law enforcement officer subject to the formal complaint Formal Complaint, may suspend a hearing on a formal complaint Formal Complaint for no more than one year if a concurrent criminal matter is pending. If the law enforcement officer requests to have the hearing suspended, the law enforcement officer's certification shall be deemed inactive until the law enforcement officer's formal complaint Formal Complaint hearing concludes.

(5) Surrender of certification or waiver. Upon the Board's issuance of a complaint, and prior to hearing on the matter, a law enforcement officer may choose to surrender the officer's certification or waiver by notifying the Board in writing of the officer's decision to do so. Upon receipt of such notification from the law enforcement officer, the Board shall immediately decertify the officer, or revoke any waiver previously granted. In the case of a surrender of certification or waiver, the Board's proceeding shall terminate.

(6) Appointment of administrative law judges. The Board shall retain any attorney licensed to practice law in the State of Illinois to serve as an administrative law judge in any action initiated against a law enforcement officer under this Act. The administrative law judge shall be retained to a term of no greater than 4 years. If more than one judge is retained, the terms shall be staggered. The administrative law judge has full authority to conduct the hearings.

Administrative law judges will receive initial and annual training that is adequate in quality, quantity, scope, and type, and will cover, at minimum the following topics:

(i) constitutional and other relevant law on police-community encounters, including the law on the use of force and stops, searches, and arrests;

(ii) police tactics;

(iii) investigations of police conduct;

(iv) impartial policing;

(v) policing individuals in crisis;

(vi) Illinois police policies, procedures, and disciplinary rules;

(vii) procedural justice; and

(viii) community outreach.

(7) Hearing. At the hearing, the administrative law judge will hear the allegations alleged in the complaint. The law enforcement officer, the counsel of the officer's choosing, and the Board, or the officer's counsel, shall be afforded the opportunity to present any pertinent statements, testimony, evidence, and arguments. The law enforcement officer shall be afforded the opportunity to request that the Board compel the attendance of witnesses and production of related documents. After the conclusion of the hearing, the administrative law judge shall report his or her findings of fact, conclusions of law, and recommended disposition to the Panel.

(8) Certification review meeting Review Meeting. Upon receipt of the administrative law judge's findings of fact, conclusions of law, and recommended disposition, the Panel shall call for a certification review meeting.

In such a meeting, the Panel may adjourn into a closed conference for the purposes of deliberating on the evidence presented during the hearing. In closed conference, the Panel shall consider the hearing officer's findings of fact, conclusions of law, and recommended disposition and may deliberate on all evidence and testimony received and may consider the weight and credibility to be given to the evidence received. No new or additional evidence may be presented to the Panel. After concluding its deliberations, the Panel shall convene in open session for its consideration of the matter. If a simple majority of the Panel finds that no allegations in the complaint supporting one or more charges of misconduct are proven by clear and convincing evidence, then the Panel shall recommend to the Board that the complaint be dismissed. If a simple majority of the Panel finds that the allegations in the complaint supporting one or more charges of misconduct are proven by clear and convincing evidence, then the Panel shall recommend to the Board to decertify the officer. In doing so, the Panel may adopt, in whole or in part, the hearing officer's findings of fact, conclusions of law, and recommended disposition.

(9) Final action by the Board. After receiving the Panel's recommendations, and after due consideration of the Panel's recommendations, the Board, by majority vote, shall issue a final decision to decertify the law enforcement officer or take no action in regard to the law enforcement officer. No new or additional evidence may be presented to the Board. If the Board makes a final decision contrary to the recommendations of the Panel, the Board shall set forth in its final written decision the specific written reasons for not following the Panel's recommendations. A copy of the Board's final decision shall be served upon the law enforcement officer by the Board, either personally or as provided in this Act for the service of a notice of hearing. A copy of the Board's final decision also shall be delivered to the employing governmental agency, the complainant, and the Panel.

(10) Reconsideration of the Board's decision Decision. Within 30 days after service of the Board's final decision, the Panel or the law enforcement officer may file a written motion for reconsideration with the Board. The motion for reconsideration shall specify the particular grounds for reconsideration. The non-moving party may respond to the motion for reconsideration. The Board may deny the motion for reconsideration, or it may grant the motion in whole or in part and issue a new final decision in the matter. The Board must notify the law enforcement officer within 14 days of a denial and state the reasons for denial.

(Source: P.A. 101-652, eff. 1-1-22; revised 11-24-21.)

(50 ILCS 705/6.8 new)

Sec. 6.8. Board to adopt rules of law enforcement officer standards.

(a) The Board shall adopt rules that prescribe uniform:

(1) standards of conduct, including guidelines and procedures, to which law enforcement officers shall adhere; and

(2) disciplinary standards and procedures, including a range of disciplinary actions that may include consideration of aggravating or mitigating circumstances, by which a law enforcement agency, a civilian or community oversight board, agency or review body, and an arbitrator who serves in an arbitration proceeding described in subsection (b) of Section 8 of the Illinois Public Labor Relations Act.

(b) The Board shall make determinations regarding alleged misconduct by a law enforcement officer and shall make recommendations for and impose disciplinary action in response to those determinations.

At minimum, the uniform standards described under paragraph (1) of subsection (a) must address standards of conduct and discipline regarding:

(1) unjustified or excessive use of physical or deadly force;

(2) sexual harassment;

(3) sexual assault;

(4) assault;

(5) conduct that is motivated by or based on a real or perceived factor of an individual's race, ethnicity, national origin, sex, gender identity, sexual orientation, religion, or homelessness;

(6) moral character; and

(7) the use of drugs or alcohol while on duty.

(c) On or before October 1, 2023, the Board shall adopt and publish rules under the Illinois Administrative Procedure Act to establish the uniform standards described under paragraph (1) of subsection (a).

(d) The Board shall review the standards described in paragraph (1) of subsection (a) at least once every 2 years.

(e) The meetings of the Board conducted under this Section shall be open to the public in accordance with the Open Meetings Act. The records of the Board concerning the adoption of uniform standards shall be open to and available for public inspection and copying under the Freedom of Information Act.

(f) The Board shall establish and implement an open hearing process for public input and deliberation before the Board adopts rules that establish the standards described under paragraph (1) of subsection (a), including:

(1) public notice;

(2) public outreach to solicit broad public participation; and

(3) public hearings to receive public comment.

Section 15. The Uniform Peace Officers' Disciplinary Act is amended by changing Section 2 and by adding Sections 8.1, 8.2, and 8.3 as follows:

(50 ILCS 725/2) (from Ch. 85, par. 2552)

Sec. 2. Definitions. For the purposes of this Act, unless clearly required otherwise, the terms defined in this Section have the meaning ascribed herein:

(a) "Officer" means any peace officer, as defined by Section 2-13 of the Criminal Code of 2012, who is employed by any unit of local government or a State college or university, including supervisory and command personnel, and any pay-grade investigator for the Secretary of State as defined in Section 14-110 of the Illinois Pension Code, including Secretary of State sergeants, lieutenants, commanders, and investigator trainees. The term does not include crossing guards, parking enforcement personnel, traffic wardens or employees of any State's Attorney's office.

(b) "Informal inquiry" means a meeting by supervisory or command personnel with an officer upon whom an allegation of misconduct has come to the attention of such supervisory or command personnel, the purpose of which meeting is to mediate a citizen complaint or discuss the facts to determine whether a formal investigation should be commenced.

(c) "Formal investigation" means the process of investigation ordered by a commanding officer during which the questioning of an officer is intended to gather evidence of misconduct which may be the basis for filing charges seeking his or her removal, discharge or suspension in excess of 3 days.

(d) "Interrogation" means the questioning of an officer pursuant to the formal investigation procedures of the respective State agency or local governmental unit in connection with an alleged violation of such agency's or unit's rules which may be the basis for filing charges seeking his or her suspension, removal, or discharge. The term does not include questioning (1) as part of an informal inquiry or (2) relating to minor infractions of agency rules which may be noted on the officer's record but which may not in themselves result in removal, discharge or suspension in excess of 3 days.

(e) "Administrative proceeding" means any non-judicial hearing which is authorized to recommend, approve or order the suspension, removal, or discharge of an officer.

(f) "Civilian or community oversight board, agency, or review body" means a board, an agency or a body:

(1) designated by a municipality or a law enforcement agency in performing duties related to investigating allegations of officer misconduct or reviewing law enforcement policies and practices; or

(2) created to oversee disciplinary matters concerning law enforcement officers pursuant to a city charter or ordinance for which a measure that included the question of whether to establish the board, agency, or body.

(g) "Just cause" means a cause reasonably related to the officer's ability to perform required work. The term includes a willful violation of reasonable work rules, regulations, or written policies.

(h) "Law enforcement agency" means an agency in this State charged with enforcement of State, county, or municipal laws or with managing custody of detained persons in the State, including municipal police departments, sheriff's departments, and campus police departments but does not include the Illinois State Police, the Secretary of State Police, conservation police, or Commerce Commission police.

(Source: P.A. 97-1150, eff. 1-25-13.)

(50 ILCS 725/8.1 new)

Sec. 8.1. Officer arbitration.

(a) For purposes of an arbitration proceeding under Sections 7 and 14 of the Illinois Public Labor Relations Act concerning alleged misconduct by an officer:

(1) a law enforcement agency or, if applicable, a civilian or community oversight board, agency or review body, has the burden of proof by a preponderance of the evidence to show that:

(A) the officer engaged in the alleged misconduct; and

(B) any disciplinary action taken against the officer was with just cause.

(b) In determining the reasonableness of a disciplinary action imposed by a law enforcement agency or a civilian or community oversight board, agency or review body, including whether the level of discipline is appropriate, an arbitrator shall uphold the disciplinary action unless the arbitrator finds that the disciplinary action is arbitrary and capricious.

(c) When the imposed disciplinary action is termination of employment, an arbitrator may not set aside or reduce the imposed disciplinary action if setting aside or reducing the disciplinary action is inconsistent with the public interest in maintaining community trust, enforcing a higher standard of conduct for officers and ensuring an accountable, fair, and just disciplinary process. Notwithstanding the Illinois Public Labor Relations Act, and subject to subsection (b), in carrying out an arbitration proceeding, the Illinois Labor Relations Board shall appoint a person from a list of qualified, indifferent and unbiased persons to serve as the arbitrator of the proceeding. The Illinois Labor Relations Board shall submit to each of the parties subject to the proceeding the list of persons who may serve as arbitrators.

(d) After the Illinois Labor Relations Board has selected a person from the list to serve as the arbitrator of the proceeding, each of the parties subject to the proceeding is entitled to one opportunity to object to the Illinois Labor Relations Board's proposed arbitrator. If a party objects to the proposed arbitrator, the Illinois Labor Relations Board shall select an alternative person to serve as the arbitrator. If the other party objects to the alternative person, the Illinois Labor Relations Board shall make a final selection from the names remaining on the list as to who shall serve as the arbitrator of the proceeding. The requirements described in this Section are not subject to collective bargaining.

(50 ILCS 725/8.2 new)

Sec. 8.2. Alleged officer misconduct; arbitration proceedings.

(a) Notwithstanding any other provision of law to the contrary, when an arbitration proceeding involves alleged misconduct by an officer of any law enforcement agency and the arbitrator makes a finding that misconduct has occurred consistent with the law enforcement agency's finding of misconduct or, if applicable, consistent with a finding of misconduct by a civilian or community oversight board, agency, or review body, the arbitration award may not order any disciplinary action that differs from the disciplinary action imposed by the law enforcement agency or the civilian or community oversight board, agency, or review body, if the disciplinary action imposed by the law enforcement agency, or the civilian or community oversight board, agency, or review body was in accordance with uniform standards adopted by the Illinois Law Enforcement Training Standards Board under Section 6.8 of the Illinois Police Training Act.

(b) In an arbitration proceeding under this Section, the arbitrators, or a majority of the arbitrators, may:

(1) issue subpoenas on their own motion or at the request of a party to the proceeding to:

(A) Compel the attendance of a witness properly served by either party; and

(B) require from either party the production of books, papers, and documents the arbitrators find are relevant to the proceeding;

(2) administer oaths or affirmations to witnesses; and

(3) adjourn a hearing from day to day, or for a longer time, and from place to place.

(c) The arbitrators shall promptly provide a copy of a subpoena issued under this Section to each party to the arbitration proceeding.

(d) The arbitrators issuing a subpoena under this Section may rule on objections to the issuance of the subpoena.

(e) If a person fails to comply with a subpoena issued under this Section or if a witness refuses to testify on a matter on which the witness may be lawfully questioned, the party who requested the subpoena or seeks the testimony may apply to the arbitrators for an order authorizing the party to apply to the circuit court of any county to enforce the subpoena or compel the testimony. On the application of the attorney of record for the party or on the application of the arbitrators, or a majority of the arbitrators, the court may require the person or witness to show cause why the person or witness should not be punished for contempt of court to the same extent and purpose as if the proceedings were pending before the court.

(f) Witnesses appearing pursuant to subpoena, other than parties or officers or employees of the public employer, shall receive fees and mileage as prescribed for witnesses in civil cases.

(g) For matters concerning alleged misconduct by an officer, the following shall make determinations regarding the alleged misconduct and impose disciplinary action in response to such determinations in accordance with the uniform standards adopted by the Illinois Law Enforcement Training Standards Board:

(1) a law enforcement agency located anywhere in this State; or

(2) an arbitrator who serves in an arbitration proceeding described under subsection (b) of Section 8 of the Illinois Public Labor Relations Act; or

(3) a civilian or community oversight board, agency or review body.

The requirements described in this subsection (g) are not subject to collective bargaining.

(50 ILCS 725/8.3 new)

Sec. 8.3. Conflict between Acts. In case of a conflict between Sections 8.1 and 8.2 and the Illinois Public Labor Relations Act or the Uniform Arbitration Act, the provisions of Sections 8.1 and 8.2 shall prevail.