Public Act 100-0912
 
HB5303 EnrolledLRB100 18947 AWJ 34197 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 3-7002, 3-7004, 3-7008, 3-7011, and 3-7012 as follows:
 



    (55 ILCS 5/3-7002)  (from Ch. 34, par. 3-7002)



    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

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.

    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

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.

    The Sheriff may deputize members of the Board.

(Source: P.A. 100-562, eff. 12-8-17.)

 



    (55 ILCS 5/3-7004)  (from Ch. 34, par. 3-7004)



    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

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. 

(Source: P.A. 86-962.)

 



    (55 ILCS 5/3-7008)  (from Ch. 34, par. 3-7008)



    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

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

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

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.

(Source: P.A. 86-962.)

 



    (55 ILCS 5/3-7011)  (from Ch. 34, par. 3-7011)



    Sec. 3-7011. Disciplinary measures. Disciplinary measures

prescribed by the Board may be taken by the sheriff for the

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.

(Source: P.A. 86-962.)

 



    (55 ILCS 5/3-7012)  (from Ch. 34, par. 3-7012)



    Sec. 3-7012. Removal, demotion or suspension. Except as is

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

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

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. 

    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.

    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 Board rendered pursuant 
to the
provisions of this Section.

(Source: P.A. 86-962.)


 
    (55 ILCS 5/3-7007 rep.)
    Section 10. The Counties Code is amended by repealing 
Section 3-7007.
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.