(15 ILCS 410/9) (from Ch. 15, par. 420)
Sec. 9.
Hearings - disciplinary action.
No certified officer or employee
under jurisdiction B, relating to merit and fitness, who has been appointed
under the rules and after examination, shall be removed, discharged or demoted,
or suspended for a period of more than 30 calendar days, except for cause, upon
written
charges approved by the Director, and after an opportunity
to be heard in his own defense if he makes written request to the Commission
within 15 calendar days after the serving of the written charges upon him.
Upon the receipt of such a request for hearing, the Commission shall grant
a hearing within 30 calendar days. The time and place of the hearing shall
be fixed by the Commission, and due notice thereof shall be given the Director and the employee. The hearing shall be public, and the
officer
or employee is entitled to call witnesses in his own defense and to have
the aid of counsel. The finding of the Commission shall be rendered within 60
calendar days after the receipt of the transcript of the proceedings. If
the finding and decision is not rendered within 60 calendar days after receipt
of the transcript of the proceedings, the employee shall be considered to
be reinstated and shall receive full compensation for the period for which
he was suspended. The finding and decision of the Commission or officer
or board appointed by it to conduct such investigation, when approved by
the Commission, shall be certified to the Director, and shall be forthwith
enforced by the Director. In making its finding and decision, or in approving
the finding and decision of some officer or board appointed by it to conduct
such investigation the Merit Commission may, for disciplinary purposes,
suspend an employee for a period of time not to exceed 90 calendar days,
and in no event to exceed a period of 120 calendar days from the date of
any suspension of such employee, pending investigation of such charges.
If the Commission certifies a decision that an officer or employee is to
be retained in his position and if it does not order a suspension for disciplinary
purposes, the officer or employee shall receive full compensation for any
period during which he was suspended pending the investigation of the charges.
Nothing in this Section shall limit the authority to suspend an employee
for a reasonable period not exceeding 30 calendar days.
(Source: P.A. 90-24, eff. 6-20-97.)
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