Illinois General Assembly - Full Text of Public Act 095-0136

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Public Act 095-0136

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Public Act 0136 95TH GENERAL ASSEMBLY

Public Act 095-0136

HB1719 Enrolled LRB095 08361 HLH 28534 b

    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, on and after June 1, 2007, in any sheriff's
office with a collective bargaining agreement covering the
employment of department personnel, such disciplinary measures
and the method of review of those measures shall be subject to
mandatory bargaining, including, but not limited to, the use of
impartial arbitration as an alternative or supplemental form of
due process.
(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. 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.However, on and after June
1, 2007, in any sheriff's office with a collective bargaining
agreement covering the employment of department personnel,
such disciplinary measures and the method of review of those
measures shall be subject to mandatory bargaining, including,
but not limited to, the use of impartial arbitration as an
alternative or supplemental form of due process and any of the
procedures laid out in this Section.
    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.)

Effective Date: 1/1/2008

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