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| 1 | AN ACT concerning government.
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| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly:
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| 4 | Section 5. The Secretary of State Merit Employment Code is | ||||||
| 5 | amended by changing Section 9 as follows:
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| 6 | (15 ILCS 310/9) (from Ch. 124, par. 109)
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| 7 | Sec. 9. Hearings - disciplinary action. No certified | ||||||
| 8 | officer or employee
under jurisdiction B, relating to merit and | ||||||
| 9 | fitness, who has been appointed
under the rules and after | ||||||
| 10 | examination, shall be removed, discharged or demoted,
or | ||||||
| 11 | suspended for a period of more than 30 calendar days, except | ||||||
| 12 | for cause, upon written
charges approved by the Director of | ||||||
| 13 | Personnel, and after an opportunity
to be heard in his own | ||||||
| 14 | defense if he makes written request to the Commission
within 15 | ||||||
| 15 | calendar days after the serving of the written charges upon | ||||||
| 16 | him.
Upon the receipt of such a request for hearing, the | ||||||
| 17 | Commission shall grant
a hearing within 45 30 calendar days. | ||||||
| 18 | The time and place of the hearing shall
be fixed by the | ||||||
| 19 | Commission, and due notice thereof shall be given the Director
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| 20 | of Personnel and the employee. The hearing shall be public, and | ||||||
| 21 | the officer
or employee is entitled to call witnesses in his | ||||||
| 22 | own defense and to have
the aid of counsel. The finding of the | ||||||
| 23 | Commission shall be rendered within 60
calendar days after the | ||||||
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| 1 | receipt of the transcript of the proceedings. If
the finding | ||||||
| 2 | and decision is not rendered within 60 calendar days after | ||||||
| 3 | receipt
of the transcript of the proceedings, the employee | ||||||
| 4 | shall be considered to
be reinstated and shall receive full | ||||||
| 5 | compensation for the period for which
he was suspended. The | ||||||
| 6 | finding and decision of the Commission or officer
or board | ||||||
| 7 | appointed by it to conduct such investigation, when approved by
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| 8 | the Commission, shall be certified to the Director, and shall | ||||||
| 9 | be forthwith
enforced by the Director. In making its finding | ||||||
| 10 | and decision, or in approving
the finding and decision of some | ||||||
| 11 | officer or board appointed by it to conduct
such investigation | ||||||
| 12 | the Merit Commission may, for disciplinary purposes,
suspend an | ||||||
| 13 | employee for a period of time not to exceed 90 calendar days,
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| 14 | and in no event to exceed a period of 120 calendar days from | ||||||
| 15 | the date of
any suspension of such employee, pending | ||||||
| 16 | investigation of such charges.
If the Commission certifies a | ||||||
| 17 | decision that an officer or employee is to
be retained in his | ||||||
| 18 | position and if it does not order a suspension for disciplinary
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| 19 | purposes, the officer or employee shall receive full | ||||||
| 20 | compensation for any
period during which he was suspended | ||||||
| 21 | pending the investigation of the charges.
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| 22 | Nothing in this Section shall limit the authority to | ||||||
| 23 | suspend an employee
for a reasonable period not exceeding 30 | ||||||
| 24 | calendar days.
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| 25 | (Source: P.A. 80-13.)
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| 26 | Section 99. Effective date. This Act takes effect upon | ||||||
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| 1 | becoming law. | ||||||