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| Public Act 095-0356 |
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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 Illinois Municipal Code is amended by | ||||
changing Section 10-2.1-17 as follows:
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(65 ILCS 5/10-2.1-17) (from Ch. 24, par. 10-2.1-17)
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Sec. 10-2.1-17. Removal or discharge; investigation of | ||||
charges;
retirement. Except as hereinafter provided, no | ||||
officer or member of the fire
or police department of any | ||||
municipality subject to this Division 2.1 shall be
removed or | ||||
discharged except for cause, upon written charges, and after an
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opportunity to be heard in his own defense.
The hearing shall | ||||
be as hereinafter provided, unless the employer and the
labor | ||||
organization representing the person have negotiated an | ||||
alternative or
supplemental form of due process based upon | ||||
impartial arbitration as a term of
a collective bargaining | ||||
agreement. Such
In non-home rule units of government, such
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bargaining shall be permissive rather than mandatory unless the | ||||
parties mutually agree otherwise. Any such alternative | ||||
agreement shall be permissive.
such contract term
was | ||||
negotiated by the employer and the labor organization prior to | ||||
or at the
time of the effective date of this amendatory Act, in | ||||
which case such
bargaining shall be considered mandatory.
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If the chief of the fire department or the chief of the | ||
police department or
both of them are appointed in the manner | ||
provided by ordinance, they may be
removed or discharged by the | ||
appointing authority. In such case the appointing
authority | ||
shall file with the corporate authorities the reasons for such
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removal or discharge, which removal or discharge shall not | ||
become effective
unless confirmed by a majority vote of the | ||
corporate authorities. The board of
fire and police | ||
commissioners shall conduct a fair and impartial hearing of
the | ||
charges, to be commenced within 30 days of the filing thereof, | ||
which
hearing may be continued from time to time. In case an | ||
officer or member
is found guilty, the board may discharge him, | ||
or may suspend him not
exceeding 30 days without pay. The board | ||
may suspend any officer or
member pending the hearing with or | ||
without pay, but not to exceed 30
days. If the Board of Fire | ||
and Police Commissioners determines that the
charges are not | ||
sustained, the officer or member shall be reimbursed for
all | ||
wages withheld, if any. In the conduct of this hearing, each | ||
member
of the board shall have power to administer oaths and | ||
affirmations, and
the board shall have power to secure by its | ||
subpoena both the attendance
and testimony of witnesses and the | ||
production of books and papers
relevant to the hearing.
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The age for retirement of policemen or firemen in the | ||
service of any
municipality which adopts this Division 2.1 is | ||
65 years, unless the
Council or Board of Trustees shall by | ||
ordinance provide for an earlier
retirement age of not less | ||
than 60 years.
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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
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the judicial review of final administrative decisions of the | ||
board of
fire and police commissioners hereunder. The term | ||
"administrative
decision" is defined as in Section 3-101 of the | ||
Code of Civil Procedure.
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Nothing in this Section shall be construed to prevent the | ||
chief of
the fire department or the chief of the police | ||
department from
suspending without pay a member of his | ||
department for a period of not
more than 5 calendar days, but | ||
he shall notify the board in writing of such
suspension.
The | ||
hearing shall be as hereinafter provided, unless the employer | ||
and the
labor organization representing the person have | ||
negotiated an alternative or
supplemental form of due process | ||
based upon impartial arbitration as a term of
a collective | ||
bargaining agreement. Such
In non-home rule units of | ||
government, such
bargaining shall be permissive rather than
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mandatory unless the parties mutually agree otherwise. Any such | ||
alternative agreement shall be permissive.
such contract term
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was negotiated by the employer and the labor organization prior | ||
to or at the
time of the effective date of this amendatory Act, | ||
in which case such
bargaining shall be considered mandatory.
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Any policeman or fireman so suspended may appeal to the | ||
board of fire and
police commissioners for a review of the | ||
suspension within 5 calendar days
after such suspension, and | ||
upon such appeal, the board may sustain the action
of the chief | ||
of the department, may reverse it with instructions that the | ||
man
receive his pay for the period involved, or may suspend the | ||
officer for an
additional period of not more than 30 days or | ||
discharge him, depending upon
the facts presented.
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(Source: P.A. 91-650, eff. 11-30-99.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||