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| | HB5303 Engrossed | | LRB100 18947 AWJ 34197 b |
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| 1 | | AN ACT concerning local government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Counties Code is amended by changing |
| 5 | | Sections 3-7011 and 3-7012 and by adding Section 3-7018 as |
| 6 | | follows:
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| 7 | | (55 ILCS 5/3-7011) (from Ch. 34, par. 3-7011)
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| 8 | | Sec. 3-7011. Disciplinary measures. Disciplinary measures
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| 9 | | prescribed by the Board may be taken by the sheriff for the
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| 10 | | punishment of infractions of the rules and regulations |
| 11 | | promulgated
by the Board. Such disciplinary measures may |
| 12 | | include suspension
of any deputy sheriff in the County Police |
| 13 | | Department, any
full-time deputy sheriff not employed as a |
| 14 | | county police officer
or county corrections officer and any |
| 15 | | employee in the County
Department of Corrections for a |
| 16 | | reasonable period for all discipline less than termination , not |
| 17 | | exceeding
30 days, without complying with the provisions of |
| 18 | | Section 3-7012 hereof.
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| 19 | | (Source: P.A. 86-962.)
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| 20 | | (55 ILCS 5/3-7012) (from Ch. 34, par. 3-7012)
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| 21 | | Sec. 3-7012. Removal, demotion or suspension. Except as is
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| 22 | | otherwise provided in this Division, no deputy sheriff in
the |
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| 1 | | County Police Department, no full-time deputy sheriff not |
| 2 | | employed
as a county police officer or county corrections |
| 3 | | officer and no employee in
the County Department of Corrections |
| 4 | | shall be removed, demoted or suspended
except for cause, upon |
| 5 | | written charges filed with the Board by the Sheriff
and a |
| 6 | | hearing before the Board, or a hearing officer designated by |
| 7 | | the Board, thereon upon not less than 10 days' notice
at a |
| 8 | | place to be designated by the chairman thereof. At such |
| 9 | | hearing, the
accused deputy sheriff shall be afforded full |
| 10 | | opportunity to be heard in
his or her own defense and to |
| 11 | | produce proof in his or her defense. The
Board, or a hearing |
| 12 | | officer designated by the Board, shall have the power to secure |
| 13 | | by its subpoena both the attendance
and testimony of witnesses |
| 14 | | and the production of books and papers in
support of the |
| 15 | | charges and for the defense. The fees of witnesses for
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| 16 | | attendance and travel shall be the same as the fees of |
| 17 | | witnesses before the
circuit courts of this State, and shall be |
| 18 | | paid in the same manner as other
expenses of the Board. Each |
| 19 | | member of the Board, and hearing officers designated by the |
| 20 | | Board, shall have the power to
administer oaths or |
| 21 | | affirmations. If the charges against an accused deputy
sheriff |
| 22 | | are established by a preponderance of evidence, the Board, or a |
| 23 | | hearing officer designated by the Board, shall
make a finding |
| 24 | | of guilty and order either removal, demotion, suspension for
a |
| 25 | | period of not more than 180 days, or such other disciplinary |
| 26 | | punishment
as may be prescribed by the rules and regulations of |
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| 1 | | the Board which, in
the opinion of the members thereof, the |
| 2 | | offense merits. The Board shall render its decision no later |
| 3 | | than 90 days following the conclusion of any hearings conducted |
| 4 | | under the provisions of this Section. Thereupon the
sheriff |
| 5 | | shall direct such removal or other punishment as ordered by the
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| 6 | | Board and if the accused deputy sheriff refuses to abide by any |
| 7 | | such
disciplinary order, the sheriff shall remove him or her |
| 8 | | forthwith.
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| 9 | | In case of the neglect or refusal of any person to obey a |
| 10 | | subpoena
issued by the Board, or a hearing officer designated |
| 11 | | by the Board, any circuit court or a judge thereof, upon |
| 12 | | application
of any member of the Board, or a hearing officer |
| 13 | | designated by the Board, may order such person to appear before |
| 14 | | the
Board and give testimony or produce evidence, and any |
| 15 | | failure to obey such
order is punishable by the court as a |
| 16 | | contempt thereof.
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| 17 | | The provisions of the Administrative Review Law,
and all |
| 18 | | amendments and modifications thereof, and the rules adopted
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| 19 | | pursuant thereto, shall apply to and govern all proceedings for |
| 20 | | the
judicial review of any order of the Board rendered pursuant |
| 21 | | to the
provisions of this Section.
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| 22 | | (Source: P.A. 86-962.)
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| 23 | | (55 ILCS 5/3-7018 new) |
| 24 | | Sec. 3-7018. Collective bargaining. Nothing in this |
| 25 | | Division shall be used to supplant or undermine existing |