Sen. Jil Tracy
Filed: 4/12/2018
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1 | AMENDMENT TO SENATE BILL 2707
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2 | AMENDMENT NO. ______. Amend Senate Bill 2707 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Personnel Code is amended by changing | ||||||
5 | Section 11 as follows:
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6 | (20 ILCS 415/11) (from Ch. 127, par. 63b111)
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7 | Sec. 11. Hearing - disciplinary action. No officer or | ||||||
8 | employee under
jurisdiction B, relating to merit and fitness, | ||||||
9 | who has been appointed under
the rules and after examination, | ||||||
10 | shall be removed discharged or demoted,
or be suspended for a | ||||||
11 | period of more than 30 days, in any 12 month period,
except for | ||||||
12 | cause, upon written charges approved by the Director of Central
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13 | Management Services, and after an opportunity to be heard in | ||||||
14 | his own defense if
he makes written request to the Commission | ||||||
15 | within 15 days after the serving
of the written charges upon | ||||||
16 | him. Upon the filing of such a request for
a hearing, the |
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1 | Commission shall grant a hearing within 30 days. The time
and | ||||||
2 | place of the hearing shall be fixed by the Commission, and due | ||||||
3 | notice
thereof given the appointing officer and the employee. | ||||||
4 | The hearing shall
be public, and the officer or employee is | ||||||
5 | entitled to call witnesses
in his own defense and to have the | ||||||
6 | aid of counsel. The finding and decision
of the Commission, or | ||||||
7 | the approval by the Commission of the finding and
decision of | ||||||
8 | the officer or board appointed by it to conduct such | ||||||
9 | investigation,
shall be rendered within 60 days after the | ||||||
10 | receipt of the transcript of
the proceedings , unless the | ||||||
11 | Commission remands the matter back to the Administrative Law | ||||||
12 | Judge for the purpose of taking additional evidence, soliciting | ||||||
13 | additional argument, or for any other reason that will assist | ||||||
14 | the Commission in rendering its finding and decision . If the | ||||||
15 | finding and decision is not rendered within 60
days after | ||||||
16 | receipt of the transcript of the proceedings, or the matter is | ||||||
17 | not otherwise remanded by the Commission to the Administrative | ||||||
18 | Law Judge, the employee shall
be considered to be reinstated | ||||||
19 | and shall receive full compensation for the
period for which he | ||||||
20 | was suspended. The finding and decision of the Commission
or | ||||||
21 | officer or board appointed by it to conduct investigation, when | ||||||
22 | approved
by the Commission, shall be certified to the Director, | ||||||
23 | and shall be forthwith
enforced by the Director. In making its | ||||||
24 | finding and decision, or in approving
the finding and decision | ||||||
25 | of some officer or board appointed by it to conduct
such | ||||||
26 | investigation, the Civil Service Commission may, for |
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1 | disciplinary
purposes, suspend an employee for a period of time | ||||||
2 | not to exceed 90 days,
and in no event to exceed a period of 120 | ||||||
3 | days from the date of any
suspension of such employee, pending | ||||||
4 | investigation of such charges. If the
Commission certifies a | ||||||
5 | decision that an officer or employee is to be
retained in his | ||||||
6 | position and if it does not order a suspension for
disciplinary | ||||||
7 | purposes, the officer or employee shall receive full
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8 | compensation for any period during which he was suspended | ||||||
9 | pending the
investigation of the charges.
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10 | Nothing in this Section shall limit the authority to | ||||||
11 | suspend an employee
for a reasonable period not exceeding 30 | ||||||
12 | days, in any 12 month period.
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13 | Notwithstanding the provisions of this Section, an | ||||||
14 | arbitrator of the
Illinois Workers' Compensation
Commission, | ||||||
15 | appointed pursuant to Section 14 of the Workers'
Compensation | ||||||
16 | Act, may be removed by the Governor upon the recommendation of
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17 | the Commission Review Board pursuant to Section 14.1 of such | ||||||
18 | Act.
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19 | Notwithstanding the provisions of this Section, a policy | ||||||
20 | making officer
of a State agency, as defined in the Employee | ||||||
21 | Rights Violation Act, shall
be discharged from State employment | ||||||
22 | as provided
in the Employee Rights Violation Act, enacted by | ||||||
23 | the 85th General Assembly.
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24 | (Source: P.A. 93-721, eff. 1-1-05 .)".
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