|
| | SB3460 Engrossed | | LRB102 25497 AWJ 34785 b |
|
|
1 | | AN ACT concerning local government.
|
2 | | Be it enacted by the People of the State of Illinois,
|
3 | | represented in the General Assembly:
|
4 | | Section 5. The Counties Code is amended by adding Section |
5 | | 5-1188 as follows: |
6 | | (55 ILCS 5/5-1188 new) |
7 | | Sec. 5-1188. Administrative leave of a countywide elected |
8 | | official. |
9 | | (a) If a county board member, county board chairman, |
10 | | State's Attorney, or other countywide elected official is |
11 | | criminally charged with an infamous crime or any felony in |
12 | | violation of his or her official oath, the county board may |
13 | | vote to determine if the countywide elected official should be |
14 | | placed on administrative leave, with a three-fifths vote of |
15 | | all members, if the county board believes the official has |
16 | | been criminally charged with an infamous crime or any felony |
17 | | in violation of his or her official oath. If approved by the |
18 | | county board, the determination to place the elected official |
19 | | on administrative leave shall be sent to the State's Attorney |
20 | | of the county or, if the determination is regarding the |
21 | | State's Attorney or if the State's Attorney has a conflict of |
22 | | interest, the county board shall petition the court for the |
23 | | appointment of a special State's Attorney to review the |
|
| | SB3460 Engrossed | - 2 - | LRB102 25497 AWJ 34785 b |
|
|
1 | | board's determination. |
2 | | (b) Upon receipt of a determination from the county board |
3 | | under subsection (a), the State's Attorney shall review the |
4 | | alleged crimes to determine if the countywide elected official |
5 | | should be placed on administrative leave. If the State's |
6 | | Attorney believes the crime or crimes to be germane to the |
7 | | official's duties, the State's Attorney shall file a petition |
8 | | with the circuit court of the county for a rule to show cause |
9 | | why the elected official should not be placed on |
10 | | administrative leave. |
11 | | Upon receipt of a determination from the county board |
12 | | under subsection (a) concerning the State's Attorney or, |
13 | | if the State's Attorney has a conflict of interest, the |
14 | | special State's Attorney shall review the alleged crimes |
15 | | to determine if the State's Attorney or official should be |
16 | | placed on administrative leave. If the special State's |
17 | | Attorney believes the crime or crimes to be germane to the |
18 | | State's Attorney's or official's duties, the special |
19 | | State's Attorney shall file a petition with the circuit |
20 | | court of the county for a rule to show cause why the |
21 | | elected official should not be placed on administrative |
22 | | leave. |
23 | | (c) As soon as the petition is filed with the court, the |
24 | | court shall issue a rule requiring the officer to show cause |
25 | | why he or she should not be put on administrative leave, the |
26 | | rule alleging in general terms the cause or causes for such |
|
| | SB3460 Engrossed | - 3 - | LRB102 25497 AWJ 34785 b |
|
|
1 | | leave. The rule shall be returnable in not less than 10 nor |
2 | | more than 30 days and shall be served upon the officer with a |
3 | | copy of the petition. Upon return of the rule duly executed, |
4 | | unless good cause is shown for a continuance or postponement |
5 | | to a later day in the term, the case shall be tried on the day |
6 | | named in the rule and take precedence over all other cases on |
7 | | the docket. If, after trial, the court determined that the |
8 | | officer should be placed on administrative leave, the officer |
9 | | shall be removed from office and shall be barred from county |
10 | | property and performing the official's duties until the case |
11 | | is closed and the county board determines the conflict is |
12 | | resolved. |
13 | | (d) If it is determined that the officer should be placed |
14 | | on administrative leave as provided in subsection (c), the |
15 | | county board shall appoint a replacement for the official |
16 | | while the official is on administrative leave. |
17 | | (e) If it is determined that the officer should be placed |
18 | | on administrative leave as provided in subsection (c), the |
19 | | official shall continue to receive all compensation and |
20 | | benefits during the official's administrative leave. |
21 | | (f) If a judicial proceeding under this Section is |
22 | | dismissed in favor of the respondent, the court, in its |
23 | | discretion, may require the county in which the respondent |
24 | | serves to pay court costs or reasonable attorney fees, or |
25 | | both, for the respondent. |
26 | | (g) This Section applies to counties with a population of |
|
| | SB3460 Engrossed | - 4 - | LRB102 25497 AWJ 34785 b |
|
|
1 | | less than 500,000 people. |
2 | | Section 10. The Township Code is amended by adding Section |
3 | | 85-70 as follows: |
4 | | (60 ILCS 1/85-70 new) |
5 | | Sec. 85-70. Administrative leave of a township officer. |
6 | | (a) If a township officer is criminally charged with an |
7 | | infamous crime or any felony in violation of his or her |
8 | | official oath, the township board may vote to determine if the |
9 | | township officer should be placed on administrative leave, |
10 | | with a three-fifths vote of all members, if the township board |
11 | | believes the official has been criminally charged with an |
12 | | infamous crime or any felony in violation of his or her |
13 | | official oath. If approved by the township board, the |
14 | | determination to place the elected official on administrative |
15 | | leave shall be sent to the township attorney of the county. |
16 | | (b) Upon receipt of a determination from the township |
17 | | board under subsection (a), the township attorney shall review |
18 | | the alleged crimes to determine if the township officer should |
19 | | be placed on administrative leave. If the township attorney |
20 | | believes the crime or crimes to be germane to the officer's |
21 | | duties, the township attorney shall file a petition with the |
22 | | circuit court of the county where the township is located in |
23 | | for a rule to show cause why the elected official should not be |
24 | | placed on administrative leave. |
|
| | SB3460 Engrossed | - 5 - | LRB102 25497 AWJ 34785 b |
|
|
1 | | (c) As soon as the petition is filed with the court, the |
2 | | court shall issue a rule requiring the township officer to |
3 | | show cause why he or she should not be put on administrative |
4 | | leave, the rule alleging in general terms the cause or causes |
5 | | for such leave. The rule shall be returnable in not less than |
6 | | 10 nor more than 30 days and shall be served upon the officer |
7 | | with a copy of the petition. Upon return of the rule duly |
8 | | executed, unless good cause is shown for a continuance or |
9 | | postponement to a later day in the term, the case shall be |
10 | | tried on the day named in the rule and take precedence over all |
11 | | other cases on the docket. If, after trial, the court |
12 | | determined that the township officer should be placed on |
13 | | administrative leave, the township officer shall be removed |
14 | | from office and shall be barred from township property and |
15 | | performing the official's duties until the case is closed and |
16 | | the township board determines the conflict is resolved. |
17 | | (d) If it is determined that the township officer should |
18 | | be placed on administrative leave as provided in subsection |
19 | | (c), the township board shall appoint a replacement for the |
20 | | officer while the officer is on administrative leave. |
21 | | (e) If it is determined that the township officer should |
22 | | be placed on administrative leave as provided in subsection |
23 | | (c), the official shall continue to receive all compensation |
24 | | and benefits during the official's administrative leave. |
25 | | (f) If a judicial proceeding under this Section is |
26 | | dismissed in favor of the respondent, the court, in its |
|
| | SB3460 Engrossed | - 6 - | LRB102 25497 AWJ 34785 b |
|
|
1 | | discretion, may require the township in which the respondent |
2 | | serves to pay court costs or reasonable attorney fees, or |
3 | | both, for the respondent. |
4 | | (g) This Section applies to townships within counties with |
5 | | a population of less than 500,000 people.
|
6 | | Section 99. Effective date. This Act takes effect upon |
7 | | becoming law.
|