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HB1542 Engrossed |
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LRB095 07174 HLH 27305 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by |
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| changing Section 10-2.1-17 as follows:
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| (65 ILCS 5/10-2.1-17) (from Ch. 24, par. 10-2.1-17)
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| Sec. 10-2.1-17. Removal or discharge; investigation of |
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| charges;
retirement. Except as hereinafter provided, no |
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| officer or member of the fire
or police department of any |
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| municipality subject to this Division 2.1 shall be
removed or |
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| discharged except for cause, upon written charges, and after an
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| opportunity to be heard in his own defense.
The hearing shall |
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| be as hereinafter provided, unless the employer and the
labor |
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| organization representing the person have negotiated an |
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| alternative or
supplemental form of due process based upon |
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| impartial arbitration as a term of
a collective bargaining |
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| agreement. Such
In non-home rule units of government, such
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| bargaining shall be permissive rather than mandatory unless the |
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| parties mutually agree otherwise. Any such alternative |
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| agreement shall be permissive.
such contract term
was |
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| negotiated by the employer and the labor organization prior to |
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| or at the
time of the effective date of this amendatory Act, in |
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| which case such
bargaining shall be considered mandatory.
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HB1542 Engrossed |
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LRB095 07174 HLH 27305 b |
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| If the chief of the fire department or the chief of the |
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| police department or
both of them are appointed in the manner |
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| provided by ordinance, they may be
removed or discharged by the |
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| appointing authority. In such case the appointing
authority |
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| shall file with the corporate authorities the reasons for such
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| removal or discharge, which removal or discharge shall not |
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| become effective
unless confirmed by a majority vote of the |
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| corporate authorities. The board of
fire and police |
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| commissioners shall conduct a fair and impartial hearing of
the |
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| charges, to be commenced within 30 days of the filing thereof, |
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| which
hearing may be continued from time to time. In case an |
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| officer or member
is found guilty, the board may discharge him, |
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| or may suspend him not
exceeding 30 days without pay. The board |
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| may suspend any officer or
member pending the hearing with or |
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| without pay, but not to exceed 30
days. If the Board of Fire |
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| and Police Commissioners determines that the
charges are not |
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| sustained, the officer or member shall be reimbursed for
all |
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| wages withheld, if any. In the conduct of this hearing, each |
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| member
of the board shall have power to administer oaths and |
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| affirmations, and
the board shall have power to secure by its |
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| subpoena both the attendance
and testimony of witnesses and the |
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| production of books and papers
relevant to the hearing.
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| The age for retirement of policemen or firemen in the |
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| service of any
municipality which adopts this Division 2.1 is |
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| 65 years, unless the
Council or Board of Trustees shall by |
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| ordinance provide for an earlier
retirement age of not less |
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HB1542 Engrossed |
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LRB095 07174 HLH 27305 b |
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| than 60 years.
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| The provisions of the Administrative Review Law, and all |
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| amendments and
modifications thereof, and the rules
adopted |
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| pursuant thereto, shall apply to and govern all proceedings for
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| the judicial review of final administrative decisions of the |
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| board of
fire and police commissioners hereunder. The term |
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| "administrative
decision" is defined as in Section 3-101 of the |
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| Code of Civil Procedure.
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| Nothing in this Section shall be construed to prevent the |
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| chief of
the fire department or the chief of the police |
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| department from
suspending without pay a member of his |
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| department for a period of not
more than 5 calendar days, but |
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| he shall notify the board in writing of such
suspension.
The |
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| hearing shall be as hereinafter provided, unless the employer |
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| and the
labor organization representing the person have |
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| negotiated an alternative or
supplemental form of due process |
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| based upon impartial arbitration as a term of
a collective |
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| bargaining agreement. Such
In non-home rule units of |
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| government, such
bargaining shall be permissive rather than
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| mandatory unless the parties mutually agree otherwise. Any such |
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| alternative agreement shall be permissive.
such contract term
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| was negotiated by the employer and the labor organization prior |
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| to or at the
time of the effective date of this amendatory Act, |
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| in which case such
bargaining shall be considered mandatory.
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| Any policeman or fireman so suspended may appeal to the |
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| board of fire and
police commissioners for a review of the |
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LRB095 07174 HLH 27305 b |
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| suspension within 5 calendar days
after such suspension, and |
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| upon such appeal, the board may sustain the action
of the chief |
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| of the department, may reverse it with instructions that the |
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| man
receive his pay for the period involved, or may suspend the |
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| officer for an
additional period of not more than 30 days or |
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| discharge him, depending upon
the facts presented.
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| (Source: P.A. 91-650, eff. 11-30-99.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law. |