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Rep. John M. Cabello
Filed: 4/14/2015
| | 09900HB1604ham001 | | LRB099 06514 AWJ 31565 a |
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| 1 | | AMENDMENT TO HOUSE BILL 1604
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| 2 | | AMENDMENT NO. ______. Amend House Bill 1604 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Illinois Municipal Code is amended by |
| 5 | | changing Section 10-2.1-17 as follows:
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| 6 | | (65 ILCS 5/10-2.1-17) (from Ch. 24, par. 10-2.1-17)
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| 7 | | Sec. 10-2.1-17. Removal or discharge; investigation of |
| 8 | | charges;
retirement. Except as hereinafter provided, no |
| 9 | | officer or member of the fire
or police department of any |
| 10 | | municipality subject to this Division 2.1 shall be
removed or |
| 11 | | discharged except for cause, upon written charges, and after an
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| 12 | | opportunity to be heard in his own defense.
The hearing shall |
| 13 | | be as hereinafter provided, unless the employer and the
labor |
| 14 | | organization representing the person have negotiated an |
| 15 | | alternative or
supplemental form of due process based upon |
| 16 | | impartial arbitration as a term of
a collective bargaining |
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| 1 | | agreement. Such
bargaining shall be mandatory unless the |
| 2 | | parties mutually agree otherwise. Any such alternative |
| 3 | | agreement shall be permissive.
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| 4 | | If the chief of the fire department or the chief of the |
| 5 | | police department or
both of them are appointed in the manner |
| 6 | | provided by ordinance, they may be
removed or discharged by the |
| 7 | | board of fire and police commissioners if the municipality has |
| 8 | | such a board or the appointing authority if the municipality |
| 9 | | does not have a board of fire and police commissioners. In such |
| 10 | | case the appointing
authority shall file with the corporate |
| 11 | | authorities the reasons for such
removal or discharge, which |
| 12 | | removal or discharge shall not become effective
unless |
| 13 | | confirmed by a majority vote of the corporate authorities. The |
| 14 | | board of
fire and police commissioners shall conduct a fair and |
| 15 | | impartial hearing of
the charges, to be commenced within 30 |
| 16 | | days of the filing thereof, which
hearing may be continued from |
| 17 | | time to time. In case an officer or member
is found guilty, the |
| 18 | | board may discharge him, or may suspend him not
exceeding 30 |
| 19 | | days without pay. The board may suspend any officer or
member |
| 20 | | pending the hearing with or without pay, but not to exceed 30
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| 21 | | days. If the Board of Fire and Police Commissioners determines |
| 22 | | that the
charges are not sustained, the officer or member shall |
| 23 | | be reimbursed for
all wages withheld, if any. In the conduct of |
| 24 | | this hearing, each member
of the board shall have power to |
| 25 | | administer oaths and affirmations, and
the board shall have |
| 26 | | power to secure by its subpoena both the attendance
and |
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| 1 | | testimony of witnesses and the production of books and papers
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| 2 | | relevant to the hearing.
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| 3 | | The age for retirement of policemen or firemen in the |
| 4 | | service of any
municipality which adopts this Division 2.1 is |
| 5 | | 65 years, unless the
Council or Board of Trustees shall by |
| 6 | | ordinance provide for an earlier
retirement age of not less |
| 7 | | than 60 years.
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| 8 | | The provisions of the Administrative Review Law, and all |
| 9 | | amendments and
modifications thereof, and the rules
adopted |
| 10 | | pursuant thereto, shall apply to and govern all proceedings for
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| 11 | | the judicial review of final administrative decisions of the |
| 12 | | board of
fire and police commissioners hereunder. The term |
| 13 | | "administrative
decision" is defined as in Section 3-101 of the |
| 14 | | Code of Civil Procedure.
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| 15 | | Nothing in this Section shall be construed to prevent the |
| 16 | | chief of
the fire department or the chief of the police |
| 17 | | department from
suspending without pay a member of his |
| 18 | | department for a period of not
more than 5 calendar days, but |
| 19 | | he shall notify the board in writing of such
suspension.
The |
| 20 | | hearing shall be as hereinafter provided, unless the employer |
| 21 | | and the
labor organization representing the person have |
| 22 | | negotiated an alternative or
supplemental form of due process |
| 23 | | based upon impartial arbitration as a term of
a collective |
| 24 | | bargaining agreement. Such
bargaining shall be
mandatory |
| 25 | | unless the parties mutually agree otherwise. Any such |
| 26 | | alternative agreement shall be permissive.
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| 1 | | Any policeman or fireman so suspended may appeal to the |
| 2 | | board of fire and
police commissioners for a review of the |
| 3 | | suspension within 5 calendar days
after such suspension, and |
| 4 | | upon such appeal, the board may sustain the action
of the chief |
| 5 | | of the department, may reverse it with instructions that the |
| 6 | | man
receive his pay for the period involved, or may suspend the |
| 7 | | officer for an
additional period of not more than 30 days or |
| 8 | | discharge him, depending upon
the facts presented.
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| 9 | | (Source: P.A. 95-356, eff. 8-23-07.)
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| 10 | | Section 99. Effective date. This Act takes effect upon |
| 11 | | becoming law.".
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