Bill Text: IL HB5303 | 2017-2018 | 100th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
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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 |
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1 | agreements or proscribe future agreements achieved by | ||||||
2 | collective bargaining, nor shall the provisions of this | ||||||
3 | Division diminish the rights and protections under the Illinois | ||||||
4 | Public Labor Relations Act.
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.
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