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| Public Act 100-1073 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Personnel Code is amended by changing | ||||
Section 11 as follows:
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(20 ILCS 415/11) (from Ch. 127, par. 63b111)
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Sec. 11. Hearing - disciplinary action. No officer or | ||||
employee under
jurisdiction B, relating to merit and fitness, | ||||
who has been appointed under
the rules and after examination, | ||||
shall be removed discharged or demoted,
or be suspended for a | ||||
period of more than 30 days, in any 12 month period,
except for | ||||
cause, upon written charges approved by the Director of Central
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Management Services, and after an opportunity to be heard in | ||||
his own defense if
he makes written request to the Commission | ||||
within 15 days after the serving
of the written charges upon | ||||
him. Upon the filing of such a request for
a hearing, the | ||||
Commission shall grant a hearing within 30 days. The time
and | ||||
place of the hearing shall be fixed by the Commission, and due | ||||
notice
thereof given the appointing officer and the employee. | ||||
The hearing shall
be public, and the officer or employee is | ||||
entitled to call witnesses
in his own defense and to have the | ||||
aid of counsel. The finding and decision
of the Commission, or | ||||
the approval by the Commission of the finding and
decision of | ||||
the officer or board appointed by it to conduct such | ||
investigation,
shall be rendered within 60 days after the | ||
receipt of the transcript of
the proceedings, unless the | ||
Commission remands the matter back to the officer or board | ||
appointed to conduct such investigation for the purpose of | ||
taking additional evidence or soliciting additional argument. | ||
After receipt of the transcript of the proceedings after | ||
remand, or receipt of additional evidence or additional | ||
argument after remand, the Commission shall have an additional | ||
60 days in which to render a finding and decision. If the | ||
finding and decision is not rendered within 60
days after | ||
receipt of the transcript of the proceedings, or within 60 days | ||
after receipt of the transcript of the proceedings after remand | ||
or 60 days after receipt of additional evidence or additional | ||
argument after remand, the employee shall
be considered to be | ||
reinstated and shall receive full compensation for the
period | ||
for which he was suspended. The finding and decision of the | ||
Commission
or officer or board appointed by it to conduct | ||
investigation, when approved
by the Commission, shall be | ||
certified to the Director, and shall be forthwith
enforced by | ||
the Director. In making its finding and decision, or in | ||
approving
the finding and decision of some officer or board | ||
appointed by it to conduct
such investigation, the Civil | ||
Service Commission may, for disciplinary
purposes, suspend an | ||
employee for a period of time not to exceed 90 days,
and in no | ||
event to exceed a period of 120 days from the date of any
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suspension of such employee, pending investigation of such | ||
charges. If the
Commission certifies a decision that an officer | ||
or employee is to be
retained in his position and if it does | ||
not order a suspension for
disciplinary purposes, the officer | ||
or employee shall receive full
compensation for any period | ||
during which he was suspended pending the
investigation of the | ||
charges.
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Nothing in this Section shall limit the authority to | ||
suspend an employee
for a reasonable period not exceeding 30 | ||
days, in any 12 month period.
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Notwithstanding the provisions of this Section, an | ||
arbitrator of the
Illinois Workers' Compensation
Commission, | ||
appointed pursuant to Section 14 of the Workers'
Compensation | ||
Act, may be removed by the Governor upon the recommendation of
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the Commission Review Board pursuant to Section 14.1 of such | ||
Act.
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Notwithstanding the provisions of this Section, a policy | ||
making officer
of a State agency, as defined in the Employee | ||
Rights Violation Act, shall
be discharged from State employment | ||
as provided
in the Employee Rights Violation Act, enacted by | ||
the 85th General Assembly.
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(Source: P.A. 93-721, eff. 1-1-05.)
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