Labor Committee
Adopted in House Comm. on Mar 07, 2007
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1 | AMENDMENT TO HOUSE BILL 1542
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2 | AMENDMENT NO. ______. Amend House Bill 1542 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Municipal Code is amended by | ||||||
5 | changing Section 10-2.1-17 as follows:
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6 | (65 ILCS 5/10-2.1-17) (from Ch. 24, par. 10-2.1-17)
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7 | Sec. 10-2.1-17. Removal or discharge; investigation of | ||||||
8 | charges;
retirement. Except as hereinafter provided, no | ||||||
9 | officer or member of the fire
or police department of any | ||||||
10 | municipality subject to this Division 2.1 shall be
removed or | ||||||
11 | discharged except for cause, upon written charges, and after an
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12 | opportunity to be heard in his own defense.
The hearing shall | ||||||
13 | be as hereinafter provided, unless the employer and the
labor | ||||||
14 | organization representing the person have negotiated an | ||||||
15 | alternative or
supplemental form of due process based upon | ||||||
16 | impartial arbitration as a term of
a collective bargaining |
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1 | agreement. Such
In non-home rule units of government, such
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2 | bargaining shall be permissive rather than mandatory unless the | ||||||
3 | parties mutually agree otherwise. Any such alternative | ||||||
4 | agreement shall be permissive.
such contract term
was | ||||||
5 | negotiated by the employer and the labor organization prior to | ||||||
6 | or at the
time of the effective date of this amendatory Act, in | ||||||
7 | which case such
bargaining shall be considered mandatory.
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8 | If the chief of the fire department or the chief of the | ||||||
9 | police department or
both of them are appointed in the manner | ||||||
10 | provided by ordinance, they may be
removed or discharged by the | ||||||
11 | appointing authority. In such case the appointing
authority | ||||||
12 | shall file with the corporate authorities the reasons for such
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13 | removal or discharge, which removal or discharge shall not | ||||||
14 | become effective
unless confirmed by a majority vote of the | ||||||
15 | corporate authorities. The board of
fire and police | ||||||
16 | commissioners shall conduct a fair and impartial hearing of
the | ||||||
17 | charges, to be commenced within 30 days of the filing thereof, | ||||||
18 | which
hearing may be continued from time to time. In case an | ||||||
19 | officer or member
is found guilty, the board may discharge him, | ||||||
20 | or may suspend him not
exceeding 30 days without pay. The board | ||||||
21 | may suspend any officer or
member pending the hearing with or | ||||||
22 | without pay, but not to exceed 30
days. If the Board of Fire | ||||||
23 | and Police Commissioners determines that the
charges are not | ||||||
24 | sustained, the officer or member shall be reimbursed for
all | ||||||
25 | wages withheld, if any. In the conduct of this hearing, each | ||||||
26 | member
of the board shall have power to administer oaths and |
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1 | affirmations, and
the board shall have power to secure by its | ||||||
2 | subpoena both the attendance
and testimony of witnesses and the | ||||||
3 | production of books and papers
relevant to the hearing.
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4 | The age for retirement of policemen or firemen in the | ||||||
5 | service of any
municipality which adopts this Division 2.1 is | ||||||
6 | 65 years, unless the
Council or Board of Trustees shall by | ||||||
7 | ordinance provide for an earlier
retirement age of not less | ||||||
8 | than 60 years.
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9 | The provisions of the Administrative Review Law, and all | ||||||
10 | amendments and
modifications thereof, and the rules
adopted | ||||||
11 | pursuant thereto, shall apply to and govern all proceedings for
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12 | the judicial review of final administrative decisions of the | ||||||
13 | board of
fire and police commissioners hereunder. The term | ||||||
14 | "administrative
decision" is defined as in Section 3-101 of the | ||||||
15 | Code of Civil Procedure.
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16 | Nothing in this Section shall be construed to prevent the | ||||||
17 | chief of
the fire department or the chief of the police | ||||||
18 | department from
suspending without pay a member of his | ||||||
19 | department for a period of not
more than 5 calendar days, but | ||||||
20 | he shall notify the board in writing of such
suspension.
The | ||||||
21 | hearing shall be as hereinafter provided, unless the employer | ||||||
22 | and the
labor organization representing the person have | ||||||
23 | negotiated an alternative or
supplemental form of due process | ||||||
24 | based upon impartial arbitration as a term of
a collective | ||||||
25 | bargaining agreement. Such
In non-home rule units of | ||||||
26 | government, such
bargaining shall be permissive rather than
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1 | mandatory unless the parties mutually agree otherwise. Any such | ||||||
2 | alternative agreement shall be permissive.
such contract term
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3 | was negotiated by the employer and the labor organization prior | ||||||
4 | to or at the
time of the effective date of this amendatory Act, | ||||||
5 | in which case such
bargaining shall be considered mandatory.
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6 | Any policeman or fireman so suspended may appeal to the | ||||||
7 | board of fire and
police commissioners for a review of the | ||||||
8 | suspension within 5 calendar days
after such suspension, and | ||||||
9 | upon such appeal, the board may sustain the action
of the chief | ||||||
10 | of the department, may reverse it with instructions that the | ||||||
11 | man
receive his pay for the period involved, or may suspend the | ||||||
12 | officer for an
additional period of not more than 30 days or | ||||||
13 | discharge him, depending upon
the facts presented.
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14 | (Source: P.A. 91-650, eff. 11-30-99.)
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15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.".
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