SB1290 95TH GENERAL ASSEMBLY

LRB095 08359 HLH 28532 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1290

Introduced 2/9/2007, by Sen. Don Harmon

SYNOPSIS AS INTRODUCED:

55 ILCS 5/3-8013	from Ch. 34, par. 3-8013
55 ILCS 5/3-8014	from Ch. 34, par. 3-8014

Amends the Counties Code. Provides that, in any sheriff's office with a collective bargaining agreement covering the employment of department personnel, disciplinary measures shall be reviewable through arbitration, and the Sheriff may act to remove, demote, or suspend department personnel without filing charges with the Merit Commission.

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 5. The Counties Code is amended by changing Sections 3-8013 and 3-8014 as follows:

(55 ILCS 5/3-8013) (from Ch. 34, par. 3-8013)

Sec. 3-8013. Disciplinary measures. Disciplinary measures for actions violating either the rules and regulations of the Commission or the internal procedures of the sheriff's office may be taken by the sheriff. Such disciplinary measures may include suspension of any certified person for reasonable periods, not exceeding a cumulative 30 days in any 12-month period. However, in any sheriff's office with a collective bargaining agreement covering the employment of department personnel, such disciplinary measures shall be reviewable through impartial arbitration as provided in the Illinois Public Labor Relations Act.

(Source: P.A. 86-962.)

(55 ILCS 5/3-8014) (from Ch. 34, par. 3-8014)

Sec. 3-8014. Removal, demotion or suspension. Except as is otherwise provided in this Division, no certified person shall be removed, demoted or suspended except for cause, upon written charges filed with the Merit Commission by the sheriff. However, in any sheriff's office with a collective bargaining agreement covering the employment of department personnel, no such charges need be filed. The Sheriff may act to remove, demote, or suspend department personnel, but the removal, demotion, or suspension shall be reviewable through impartial arbitration as provided in the Illinois Public Labor Relations Act. Upon the filing of such a petition, the sheriff may suspend the certified person pending the decision of the Commission on the charges. After the charges have been heard, the Commission may direct that the person receive his pay for any part or all of this suspension period, if any.

The charges shall be heard by the Commission upon not less than 14 days' certified notice. At such hearing, the accused certified person shall be afforded full opportunity to be represented by counsel, to be heard in his own defense and to produce proof in his defense. Both the Commission and the sheriff may be represented by counsel. The State's Attorney of the applicable county may advise either the Commission or the sheriff. The other party may engage private counsel to advise it.

The Commission shall have the power to secure by its subpoena both the attendance and testimony of witnesses and the production of books and papers in support of the charges and for the defense. Each member of the Commission shall have the power to administer oaths.

If the charges against an accused person are established by the preponderance of evidence, the Commission shall make a finding of guilty and order either removal, demotion, loss of seniority, suspension for a period of not more than 180 days, or such other disciplinary punishment as may be prescribed by the rules and regulations of the Commission which, in the opinion of the members thereof, the offense justifies. If the charges against an accused person are not established by the preponderance of evidence, the Commission shall make a finding of not guilty and shall order that the person be reinstated and be paid his compensation for the suspension period, if any, while awaiting the hearing. The sheriff shall take such action as may be ordered by the Commission.

The provisions of the Administrative Review Law, and all amendments and modifications thereof, and the rules adopted pursuant thereto, shall apply to and govern all proceedings for the judicial review of any order of the Commission rendered pursuant to this Section. The plaintiff shall pay the reasonable cost of preparing and certifying the record for judicial review. However, if the plaintiff prevails in the judicial review proceeding, the court shall award to the plaintiff a sum equal to the costs paid by the plaintiff to have the record for judicial review prepared and certified.

(Source: P.A. 86-962.)