Bill Text: IL HB5303 | 2017-2018 | 100th General Assembly | Chaptered
Bill Title: Amends the Cook County Sheriff's Merit Board Division of the Counties Code. Limits provisions regarding disciplinary measures prescribed by the Cook County Sheriff's Merit Board that may be taken by the sheriff to termination (rather than any disciplinary measures not exceeding 30 days). Provides that all disciplinary measures other than termination must be taken in accordance with any applicable collective bargaining agreement and provisions of the Code concerning removal, demotion, or suspension. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2018-08-17 - Public Act . . . . . . . . . 100-0912 [HB5303 Detail]
Download: Illinois-2017-HB5303-Chaptered.html
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Public Act 100-0912 | ||||
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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 Counties Code is amended by changing | ||||
Sections 3-7002, 3-7004, 3-7008, 3-7011, and 3-7012 as follows:
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(55 ILCS 5/3-7002) (from Ch. 34, par. 3-7002)
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Sec. 3-7002. Cook County Sheriff's Merit Board. There is | ||||
created the
Cook County Sheriff's Merit Board, hereinafter | ||||
called the Board, consisting
of not less than 3 and not more | ||||
than 7 members appointed by the Sheriff with the advice and | ||||
consent of
three-fifths of the county
board, except that the | ||||
Sheriff may appoint 2 additional members, with the advice and
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consent of three-fifths of the county board, at his or her | ||||
discretion. Of the members first
appointed, one shall serve | ||||
until the third Monday in March, 1965 one until the
third | ||||
Monday in March, 1967, and one until the third Monday in March, | ||||
1969. Of
the 2 additional members first appointed under | ||||
authority of this amendatory Act
of 1991, one shall serve until | ||||
the third Monday in March, 1995, and one until
the third Monday | ||||
in March, 1997.
Of the 2 additional members first appointed | ||||
under the authority of this
amendatory Act of
the 91st General | ||||
Assembly, one shall serve until the third Monday in March,
2005 | ||||
and
one shall serve until the third Monday in March, 2006.
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Upon the expiration of the terms of office of those first | ||
appointed
(including the 2 additional members first appointed | ||
under authority of
this amendatory Act of 1991 and under the | ||
authority of this amendatory Act of
the
91st General Assembly), | ||
their respective successors shall be
appointed to hold office | ||
from the third Monday in March of the year of
their respective | ||
appointments for a term of 6 years and until their
successors | ||
are appointed and qualified for a like term. As additional
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members are appointed under authority of this amendatory Act of | ||
1997, their
terms shall be set to be staggered consistently | ||
with the terms of the existing
Board members. | ||
Notwithstanding any provision in this Section to the | ||
contrary, the term of office of each member of the Board is | ||
abolished on the effective date of this amendatory Act of the | ||
100th General Assembly. Of the 7 members first appointed after | ||
the effective date of this Act of the 100th General Assembly, 2 | ||
shall serve until the third Monday in March 2019, 2 shall serve | ||
until the third Monday in March 2021, and 3 members shall serve | ||
until the third Monday in March 2023. The terms of the 2 | ||
additional members first appointed after the effective date of | ||
this Act of the 100th General Assembly shall be staggered | ||
consistently with the terms of the other Board members. | ||
Successors or reappointments shall be appointed to hold office | ||
from the third Monday in March of the year of their respective | ||
appointments for a term ending on the third Monday in March of | ||
6 years following the preceding term expiration . Each member of |
the Board shall hold office until his or her successor is | ||
appointed and qualified or the member is reappointed. In all | ||
appointments, the county board has the power to approve terms | ||
to ensure the Board fulfills its mandate . | ||
In the case of a vacancy in the office of a member prior to | ||
the conclusion of the member's term, the Sheriff shall, with | ||
the advice and consent of three-fifths of the county board, | ||
appoint a person to serve for the remainder of the unexpired | ||
term. | ||
No more than one-half plus one of the 3
members of the | ||
Board shall be affiliated with the same political party . | ||
Political affiliation is determined, for purposes of this | ||
Section, as the political affiliation an appointed member has | ||
or does not have at the time the appointment is approved by the | ||
county board and shall continue to be so determined until the | ||
member discontinues serving on the Board ,
except that as | ||
additional members are appointed by the Sheriff, the political | ||
affiliation of the Board shall be
such that no more than | ||
one-half of the members plus one additional member may
be | ||
affiliated with the same political party . No member shall have | ||
held or have
been a candidate for an elective public office | ||
within one year preceding his or
her appointment.
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The Sheriff may deputize members of the Board.
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(Source: P.A. 100-562, eff. 12-8-17.)
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(55 ILCS 5/3-7004) (from Ch. 34, par. 3-7004)
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Sec. 3-7004. Clerical and technical staff assistants and | ||
hearing officers . The Board is
authorized to employ such | ||
clerical and technical staff assistants as may be
necessary to | ||
enable the Board to transact its business and to fix their
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compensation. The Board is authorized to employ hearing | ||
officers to conduct hearings under Section 3-7012. Hearing | ||
officers employed by the Board shall be qualified to hold the | ||
position as determined by the Board. Hearing officers shall be | ||
attorneys licensed to practice law in this State.
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(Source: P.A. 86-962.)
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(55 ILCS 5/3-7008) (from Ch. 34, par. 3-7008)
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Sec. 3-7008. Appointments. The appointment of deputy | ||
sheriffs in the
Police Department, full-time deputy sheriffs | ||
not employed as county police
officers or county corrections | ||
officers and of employees in the Department
of Corrections | ||
shall be made from those applicants who have been certified
by | ||
the Board as being qualified for appointment. Certification for
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appointment in one department shall not constitute | ||
certification for
appointment in another department. | ||
Certification may be made at any point prior to appointment and | ||
may be made in conjunction with the Sheriff's application | ||
process. All persons so appointed shall, at the
time of their | ||
appointment, be not less than 21 years of age, or 20 years of
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age and have successfully completed 2 years of law enforcement | ||
studies at
an accredited college or university. Any person |
appointed subsequent to
successful completion of 2 years of | ||
such law enforcement studies shall not
have power of arrest, | ||
nor shall he or she be permitted to carry firearms,
until he or | ||
she reaches 21 years of age. In addition,
all persons so | ||
appointed shall be not more than the maximum age limit fixed
by | ||
the Board from time to time, be of sound mind and body, be of | ||
good moral
character, be citizens of the United States, have | ||
not been convicted of a crime
which the Board considers to be | ||
detrimental to the applicant's ability to
carry out his or her | ||
duties, possess such prerequisites of training, education
and | ||
experience as the Board may from time to time prescribe, and | ||
shall be
required to pass successfully mental, physical, | ||
psychiatric and other tests
and examinations as may be | ||
prescribed by the Board. Preference shall be
given in such | ||
appointments to persons who have honorably served in the
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military or naval services of the United States. Before | ||
entering upon his
or her duties, each deputy sheriff in the | ||
County Police Department shall
execute a good and sufficient | ||
bond, payable to the People of the State of
Illinois, in the | ||
penal sum of $1,000 and to the Sheriff of the County where
he | ||
or she is employed in the sum of $10,000, conditioned on the | ||
faithful
performance of his or her duties. All appointees shall | ||
serve a
probationary period of 12 months and during that period | ||
may be discharged
at the will of the Sheriff. However, civil | ||
service employees of the house
of correction who have certified | ||
status at the time of the transfer of the
house of correction |
to the County Department of Corrections are not subject
to this | ||
probationary period, and they shall retain their job titles, | ||
such
tenure privileges as are now enjoyed and any subsequent | ||
title changes shall
not cause reduction in rank or elimination | ||
of positions.
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(Source: P.A. 86-962.)
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(55 ILCS 5/3-7011) (from Ch. 34, par. 3-7011)
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Sec. 3-7011. Disciplinary measures. Disciplinary measures
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prescribed by the Board may be taken by the sheriff for the
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punishment of infractions of the rules and regulations | ||
promulgated
by the Board. Such disciplinary measures may | ||
include suspension
of any deputy sheriff in the County Police | ||
Department, any
full-time deputy sheriff not employed as a | ||
county police officer
or county corrections officer and any | ||
employee in the County
Department of Corrections and any other | ||
discipline that does not constitute termination or demotion for | ||
a reasonable period, not exceeding
30 days, without complying | ||
with the provisions of Section 3-7012 hereof.
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(Source: P.A. 86-962.)
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(55 ILCS 5/3-7012) (from Ch. 34, par. 3-7012)
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Sec. 3-7012. Removal, demotion or suspension. Except as is
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otherwise provided in this Division, no deputy sheriff in
the | ||
County Police Department, no full-time deputy sheriff not | ||
employed
as a county police officer or county corrections |
officer and no employee in
the County Department of Corrections | ||
shall be removed, demoted or suspended
except for cause, upon | ||
written charges filed with the Board by the Sheriff
and a | ||
hearing before the Board thereon upon not less than 10 days' | ||
notice
at a place to be designated by the chairman thereof. At | ||
such hearing, the
accused deputy sheriff shall be afforded full | ||
opportunity to be heard in
his or her own defense and to | ||
produce proof in his or her defense. The
Board 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. The fees of | ||
witnesses for
attendance and travel shall be the same as the | ||
fees of witnesses before the
circuit courts of this State, and | ||
shall be paid in the same manner as other
expenses of the | ||
Board. Each member of the Board shall have the power to
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administer oaths or affirmations. If the charges against an | ||
accused deputy
sheriff are established by a preponderance of | ||
evidence, the Board shall
make a finding of guilty and order | ||
either removal, demotion, 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 Board which, in
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the opinion of the members thereof, the offense merits. The | ||
Board shall render its decision no later than 120 days | ||
following the conclusion of any hearings conducted under this | ||
Section. Thereupon the
sheriff shall direct such removal or | ||
other punishment as ordered by the
Board and if the accused |
deputy sheriff refuses to abide by any such
disciplinary order, | ||
the sheriff shall remove him or her forthwith. On and after | ||
June 1, 2018, for an appointed officer rank subject to hearing | ||
under this Section that is covered by a collective bargaining | ||
agreement, disciplinary measures and the method of review of | ||
those measures are 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. | ||
Within 21 days after the conclusion of a hearing overseen | ||
by a hearing officer appointed under Section 3-7004, the | ||
hearing officer shall issue a recommended order in writing, | ||
which shall include findings of fact and a determination of | ||
whether cause for discipline has been established by the | ||
Sheriff. The hearing officer shall also recommend whether | ||
discipline should be imposed and the level of the discipline. | ||
Any hearing officer may issue the recommended order. Within 21 | ||
days after receipt of service of the recommended order, the | ||
Sheriff and the respondent may file with the board written | ||
exceptions to any part of the order. Exceptions shall be | ||
supported by argument and served on all parties at the time | ||
they are filed. If no exceptions are filed, the recommended | ||
order shall become the order of the board without further | ||
review. The board may set any further rules in accordance with | ||
this Section.
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In case of the neglect or refusal of any person to obey a |
subpoena
issued by the Board, any circuit court or a judge | ||
thereof, upon application
of any member of the Board, may order | ||
such person to appear before the
Board and give testimony or | ||
produce evidence, and any failure to obey such
order is | ||
punishable by the court as a contempt thereof.
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The provisions of the Administrative Review Law,
and all | ||
amendments and modifications thereof, and the rules adopted
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pursuant thereto, shall apply to and govern all proceedings for | ||
the
judicial review of any order of the Board rendered pursuant | ||
to the
provisions of this Section.
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(Source: P.A. 86-962.)
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(55 ILCS 5/3-7007 rep.) | ||
Section 10. The Counties Code is amended by repealing | ||
Section 3-7007.
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