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Sen. Jil Tracy
Filed: 4/30/2018
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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 officer or board |
| 12 | | appointed to conduct such investigation for the purpose of |
| 13 | | taking additional evidence or soliciting additional argument. |
| 14 | | After receipt of the transcript of the proceedings after |
| 15 | | remand, or receipt of additional evidence or additional |
| 16 | | argument after remand, the Commission shall have an additional |
| 17 | | 60 days in which to render a finding and decision. If the |
| 18 | | finding and decision is not rendered within 60
days after |
| 19 | | receipt of the transcript of the proceedings, or within 60 days |
| 20 | | after receipt of the transcript of the proceedings after remand |
| 21 | | or 60 days after receipt of additional evidence or additional |
| 22 | | argument after remand, the employee shall
be considered to be |
| 23 | | reinstated and shall receive full compensation for the
period |
| 24 | | for which he was suspended. The finding and decision of the |
| 25 | | Commission
or officer or board appointed by it to conduct |
| 26 | | investigation, when approved
by the Commission, shall be |
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| 1 | | certified to the Director, and shall be forthwith
enforced by |
| 2 | | the Director. In making its finding and decision, or in |
| 3 | | approving
the finding and decision of some officer or board |
| 4 | | appointed by it to conduct
such investigation, the Civil |
| 5 | | Service Commission may, for disciplinary
purposes, suspend an |
| 6 | | employee for a period of time not to exceed 90 days,
and in no |
| 7 | | event to exceed a period of 120 days from the date of any
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| 8 | | suspension of such employee, pending investigation of such |
| 9 | | charges. If the
Commission certifies a decision that an officer |
| 10 | | or employee is to be
retained in his position and if it does |
| 11 | | not order a suspension for
disciplinary purposes, the officer |
| 12 | | or employee shall receive full
compensation for any period |
| 13 | | during which he was suspended pending the
investigation of the |
| 14 | | charges.
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| 15 | | Nothing in this Section shall limit the authority to |
| 16 | | suspend an employee
for a reasonable period not exceeding 30 |
| 17 | | days, in any 12 month period.
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| 18 | | Notwithstanding the provisions of this Section, an |
| 19 | | arbitrator of the
Illinois Workers' Compensation
Commission, |
| 20 | | appointed pursuant to Section 14 of the Workers'
Compensation |
| 21 | | Act, may be removed by the Governor upon the recommendation of
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| 22 | | the Commission Review Board pursuant to Section 14.1 of such |
| 23 | | Act.
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| 24 | | Notwithstanding the provisions of this Section, a policy |
| 25 | | making officer
of a State agency, as defined in the Employee |
| 26 | | Rights Violation Act, shall
be discharged from State employment |