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Public Act 095-0356
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| HB1542 Enrolled |
LRB095 07174 HLH 27305 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Municipal Code is amended by |
changing Section 10-2.1-17 as follows:
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(65 ILCS 5/10-2.1-17) (from Ch. 24, par. 10-2.1-17)
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Sec. 10-2.1-17. Removal or discharge; investigation of |
charges;
retirement. Except as hereinafter provided, no |
officer or member of the fire
or police department of any |
municipality subject to this Division 2.1 shall be
removed or |
discharged except for cause, upon written charges, and after an
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opportunity to be heard in his own defense.
The hearing shall |
be as hereinafter provided, unless the employer and the
labor |
organization representing the person have negotiated an |
alternative or
supplemental form of due process based upon |
impartial arbitration as a term of
a collective bargaining |
agreement. Such
In non-home rule units of government, such
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bargaining shall be permissive rather than mandatory unless the |
parties mutually agree otherwise. Any such alternative |
agreement shall be permissive.
such contract term
was |
negotiated by the employer and the labor organization prior to |
or at the
time of the effective date of this amendatory Act, in |
which case such
bargaining shall be considered mandatory.
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If the chief of the fire department or the chief of the |
police department or
both of them are appointed in the manner |
provided by ordinance, they may be
removed or discharged by the |
appointing authority. In such case the appointing
authority |
shall file with the corporate authorities the reasons for such
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removal or discharge, which removal or discharge shall not |
become effective
unless confirmed by a majority vote of the |
corporate authorities. The board of
fire and police |
commissioners shall conduct a fair and impartial hearing of
the |
charges, to be commenced within 30 days of the filing thereof, |
which
hearing may be continued from time to time. In case an |
officer or member
is found guilty, the board may discharge him, |
or may suspend him not
exceeding 30 days without pay. The board |
may suspend any officer or
member pending the hearing with or |
without pay, but not to exceed 30
days. If the Board of Fire |
and Police Commissioners determines that the
charges are not |
sustained, the officer or member shall be reimbursed for
all |
wages withheld, if any. In the conduct of this hearing, each |
member
of the board shall have power to administer oaths and |
affirmations, and
the board shall have power to secure by its |
subpoena both the attendance
and testimony of witnesses and the |
production of books and papers
relevant to the hearing.
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The age for retirement of policemen or firemen in the |
service of any
municipality which adopts this Division 2.1 is |
65 years, unless the
Council or Board of Trustees shall by |
ordinance provide for an earlier
retirement age of not less |
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than 60 years.
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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
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the judicial review of final administrative decisions of the |
board of
fire and police commissioners hereunder. The term |
"administrative
decision" is defined as in Section 3-101 of the |
Code of Civil Procedure.
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Nothing in this Section shall be construed to prevent the |
chief of
the fire department or the chief of the police |
department from
suspending without pay a member of his |
department for a period of not
more than 5 calendar days, but |
he shall notify the board in writing of such
suspension.
The |
hearing shall be as hereinafter provided, unless the employer |
and the
labor organization representing the person have |
negotiated an alternative or
supplemental form of due process |
based upon impartial arbitration as a term of
a collective |
bargaining agreement. Such
In non-home rule units of |
government, such
bargaining shall be permissive rather than
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mandatory unless the parties mutually agree otherwise. Any such |
alternative agreement shall be permissive.
such contract term
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was negotiated by the employer and the labor organization prior |
to or at the
time of the effective date of this amendatory Act, |
in which case such
bargaining shall be considered mandatory.
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Any policeman or fireman so suspended may appeal to the |
board of fire and
police commissioners for a review of the |
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suspension within 5 calendar days
after such suspension, and |
upon such appeal, the board may sustain the action
of the chief |
of the department, may reverse it with instructions that the |
man
receive his pay for the period involved, or may suspend the |
officer for an
additional period of not more than 30 days or |
discharge him, depending upon
the facts presented.
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(Source: P.A. 91-650, eff. 11-30-99.)
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Section 99. Effective date. This Act takes effect upon |
becoming law. |