Labor Committee
Filed: 3/14/2007
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1 | AMENDMENT TO HOUSE BILL 1719
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2 | AMENDMENT NO. ______. Amend House Bill 1719 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Counties Code is amended by changing | ||||||
5 | Sections 3-8013 and 3-8014 as follows:
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6 | (55 ILCS 5/3-8013) (from Ch. 34, par. 3-8013)
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7 | Sec. 3-8013. Disciplinary measures. Disciplinary measures | ||||||
8 | for actions
violating either the rules and regulations of the | ||||||
9 | Commission or the internal
procedures of the sheriff's office | ||||||
10 | may be taken by the sheriff. Such
disciplinary measures may | ||||||
11 | include suspension of any certified person for
reasonable | ||||||
12 | periods, not exceeding a cumulative
30 days in any 12-month | ||||||
13 | period. However, on and after June 1, 2007, in any sheriff's | ||||||
14 | office with a collective bargaining agreement covering the | ||||||
15 | employment of department personnel, such disciplinary measures | ||||||
16 | and the method of review of those measures shall be subject to |
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1 | mandatory bargaining, including, but not limited to, the use of | ||||||
2 | impartial arbitration as an alternative or supplemental form of | ||||||
3 | due process.
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4 | (Source: P.A. 86-962.)
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5 | (55 ILCS 5/3-8014) (from Ch. 34, par. 3-8014)
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6 | Sec. 3-8014. Removal, demotion or suspension. Except as is | ||||||
7 | otherwise
provided in this Division, no certified person shall | ||||||
8 | be removed, demoted or
suspended except for cause, upon written | ||||||
9 | charges filed with the Merit
Commission by the sheriff. Upon | ||||||
10 | the filing of such a petition, the sheriff
may suspend the | ||||||
11 | certified person pending the decision of the Commission on
the | ||||||
12 | charges. After the charges have been heard, the Commission may | ||||||
13 | direct
that the person receive his pay for any part or all of | ||||||
14 | this suspension
period, if any.
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15 | The charges shall be heard by the Commission upon not less
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16 | than 14 days' certified notice. At such hearing, the accused | ||||||
17 | certified
person shall be afforded full opportunity to be | ||||||
18 | represented by
counsel, to be heard in his own defense and to | ||||||
19 | produce proof
in his defense. Both the Commission and the | ||||||
20 | sheriff may be
represented by counsel. The State's Attorney of | ||||||
21 | the applicable
county may advise either the Commission or the | ||||||
22 | sheriff. The
other party may engage private counsel to advise | ||||||
23 | it.
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24 | The Commission shall have the power to secure by
its | ||||||
25 | subpoena both the attendance and testimony of witnesses
and the |
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1 | production of books and papers in support of the charges
and | ||||||
2 | for the defense. Each member of the Commission shall have
the | ||||||
3 | power to administer oaths.
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4 | If the charges against an accused person are established
by | ||||||
5 | the preponderance of evidence, the Commission shall
make a | ||||||
6 | finding of guilty and order either removal, demotion, loss
of | ||||||
7 | seniority, suspension for a period of not more than 180 days,
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8 | or such other disciplinary punishment as may be prescribed by | ||||||
9 | the
rules and regulations of the Commission which, in the | ||||||
10 | opinion
of the members thereof, the offense justifies. If the | ||||||
11 | charges against
an accused person are not established by the | ||||||
12 | preponderance of
evidence, the Commission shall make a finding | ||||||
13 | of not guilty and
shall order that the person be reinstated and | ||||||
14 | be paid his
compensation for the suspension period, if any, | ||||||
15 | while awaiting
the hearing. The sheriff shall take such action | ||||||
16 | as may be ordered
by the Commission. However, on and after June | ||||||
17 | 1, 2007, in any sheriff's office with a collective bargaining | ||||||
18 | agreement covering the employment of department personnel, | ||||||
19 | such disciplinary measures and the method of review of those | ||||||
20 | measures shall be subject to mandatory bargaining, including, | ||||||
21 | but not limited to, the use of impartial arbitration as an | ||||||
22 | alternative or supplemental form of due process and any of the | ||||||
23 | procedures laid out in this Section.
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24 | The provisions of the Administrative Review Law, and all | ||||||
25 | amendments and
modifications thereof, and the rules adopted | ||||||
26 | pursuant thereto, shall apply
to and govern all proceedings for |
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1 | the judicial review of any order of the
Commission rendered | ||||||
2 | pursuant to this Section. The plaintiff shall pay the
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3 | reasonable cost of preparing and certifying the record for | ||||||
4 | judicial review.
However, if the plaintiff prevails in the | ||||||
5 | judicial review proceeding, the
court shall award to the | ||||||
6 | plaintiff a sum equal to the costs paid by the
plaintiff to | ||||||
7 | have the record for judicial review prepared and certified.
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8 | (Source: P.A. 86-962.)".
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