[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
91_HB1165enr HB1165 Enrolled LRB9102387EGfg 1 AN ACT to amend the Illinois Municipal Code. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Municipal Code is amended by 5 changing Sections 10-1-18 and 10-2.1-17 as follows: 6 (65 ILCS 5/10-1-18) (from Ch. 24, par. 10-1-18) 7 Sec. 10-1-18. (a) Except as hereinafter provided in this 8 Section, no officer or employee in the classified civil 9 service of any municipality who is appointed under the rules 10 and after examination, may be removed or discharged, or 11 suspended for a period of more than 30 days, except for cause 12 upon written charges and after an opportunity to be heard in 13 his own defense. The hearing shall be as hereinafter 14 provided, unless the employer and the labor organization 15 representing the person have negotiated an alternative or 16 supplemental form of due process based upon impartial 17 arbitration as a term of a collective bargaining agreement. 18 In non-home rule units of government, such bargaining shall 19 be permissive rather than mandatory unless such contract term 20 was negotiated by the employer and the labor organization 21 prior to or at the time of the effective date of this 22 amendatory Act, in which case such bargaining shall be 23 considered mandatory. 24 Such charges shall be investigated by or before the civil 25 service commission, or by or before some officer or board 26 appointed by the commission to conduct that investigation. 27 The finding and decision of that commission or investigating 28 officer or board, when approved by the commission, shall be 29 certified to the appointing officer, and shall forthwith be 30 enforced by that officer. Before any officer or employee in 31 the classified service of any municipality may be HB1165 Enrolled -2- LRB9102387EGfg 1 interrogated or examined by or before any disciplinary board, 2 or departmental agent or investigator, the results of which 3 hearing, interrogation or examination may be the basis for 4 filing charges seeking his removal or discharge, he must be 5 advised in writing as to what specific improper or illegal 6 act he is alleged to have committed; he must be advised in 7 writing that his admissions made in the course of the 8 hearing, interrogation or examination may be used as the 9 basis for charges seeking his removal or discharge; and he 10 must be advised in writing that he has the right to counsel 11 of his own choosing present to advise him at any hearing, 12 interrogation or examination; and a complete record of any 13 hearing, interrogation or examination shall be made and a 14 complete transcript thereof made available to such officer or 15 employee without charge and without delay. Nothing in this 16 Division 1 limits the power of any officer to suspend a 17 subordinate for a reasonable period, not exceeding 30 days 18 except that any employee or officer suspended for more than 5 19 days or suspended within 6 months after a previous suspension 20 shall be entitled, upon request, to a hearing before the 21 civil service commission concerning the propriety of such 22 suspension. In the course of an investigation of charges, 23 each member of the commission, and of any board so appointed 24 by it, and any officer so appointed, may administer oaths and 25 may secure by its subpoena both the attendance and testimony 26 of witnesses, and the production of books and papers relevant 27 to the investigation. Nothing in this Section shall be 28 construed to require such charges or investigation in cases 29 of persons having the custody of public money for the safe 30 keeping of which another person has given bonds. 31 This subsection (a) does not apply to police or 32 firefighters in the classified civil service of a 33 municipality of 500,000 or fewer inhabitants. 34 (b) No officer or employee of a police or fire HB1165 Enrolled -3- LRB9102387EGfg 1 department in the classified civil service of any 2 municipality having 500,000 or fewer inhabitants who is 3 appointed under the rules and after examination, may be 4 removed or discharged, or suspended for a period of more than 5 5 calendar days, except for cause upon written charges and 6 after an opportunity to be heard in his own defense. The 7 hearing shall be as hereinafter provided, unless the employer 8 and the labor organization representing the person have 9 negotiated an alternative or supplemental form of due process 10 based upon impartial arbitration as a term of a collective 11 bargaining agreement. In non-home rule units of government, 12 such bargaining shall be permissive rather than mandatory 13 unless such contract term was negotiated by the employer and 14 the labor organization prior to or at the time of the 15 effective date of this amendatory Act, in which case such 16 bargaining shall be considered mandatory. 17 Such charges shall be investigated by or before the civil 18 service commission, or by or before some officer or board 19 appointed by the commission to conduct that investigation. 20 The finding and decision of that commission or investigating 21 officer or board, when approved by the commission, shall be 22 certified to the appointing officer, and shall forthwith be 23 enforced by that officer. Before any such officer or 24 employee of a police or fire department may be interrogated 25 or examined by or before any disciplinary board, or 26 departmental agent or investigator, the results of which 27 hearing, interrogation or examination may be the basis for 28 filing charges seeking his removal or discharge, he must be 29 advised in writing as to what specific improper or illegal 30 act he is alleged to have committed; he must be advised in 31 writing that his admissions made in the course of the 32 hearing, interrogation or examination may be used as the 33 basis for charges seeking his removal or discharge; and he 34 must be advised in writing that he has the right to have HB1165 Enrolled -4- LRB9102387EGfg 1 counsel of his own choosing present to advise him at any 2 hearing, interrogation or examination; and a complete record 3 of any hearing, interrogation or examination shall be made 4 and a complete transcript thereof made available to such 5 officer or employee without charge and without delay. Nothing 6 in this Division 1 limits the power of the chief officer of a 7 police or fire department to suspend a subordinate for a 8 reasonable period, not exceeding 5 calendar days, provided 9 the civil service commission is promptly notified thereof in 10 writing. Any employee or officer so suspended shall be 11 entitled, upon request, to a hearing before the civil service 12 commission concerning the propriety of such suspension. Upon 13 such hearing, the commission may sustain the action of the 14 chief of the department, may reverse it with instructions 15 that the person receive his pay for the period involved, or 16 may suspend the person for an additional period of not more 17 than 30 days or discharge him, depending upon the facts 18 presented. In the course of an investigation of charges, each 19 member of the commission, and of any board so appointed by 20 it, and any officer so appointed, may administer oaths and 21 may secure by its subpoena both the attendance and testimony 22 of witnesses, and the production of books and papers relevant 23 to the investigation. If the charge is based upon an 24 allegation of the use of unreasonable force by a police 25 officer, the charge must be brought within 5 years after the 26 commission of the act upon which the charge is based. The 27 statute of limitations established in this Section 10-1-18(b) 28 shall apply only to acts of unreasonable force occurring on 29 or after the effective date of this amendatory Act of 1992. 30 (c) Whenever the corporate authorities of any 31 municipality in which this Division 1 is in operation, 32 designates by ordinance or whenever any general law of this 33 state designates any specific age of not less than 63 years 34 as the maximum age for legal employment of policemen or HB1165 Enrolled -5- LRB9102387EGfg 1 firemen in the service of any municipality which has adopted 2 or shall adopt this Division 1 or designates any minimum age 3 for the automatic or compulsory retirement of policemen or 4 firemen in the service of that municipality, any such 5 policeman or fireman to whom such ordinance or law may refer 6 or apply upon attaining the designated age of 63 years or 7 upwards as set out in the ordinance or law shall forthwith 8 and immediately be retired from the service of that 9 municipality in accordance with the terms or provisions of 10 that ordinance or law. The civil service commission of the 11 municipality shall discharge or retire automatically any 12 policeman or fireman in the classified civil service of the 13 municipality at the time and in the manner provided in that 14 ordinance or law and certify the retirement or discharge to 15 the proper branch or department head. In the case of any such 16 policeman or fireman who has filed an application for 17 appointment in the classified civil service of the 18 municipality, the age stated in that application shall be 19 conclusive evidence against that policeman or fireman of his 20 age, but the civil service commission (except as respects 21 police department officers and employees in municipalities of 22 more than 500,000 population where the Police Board shall 23 exercise these powers as provided in Section 10-1-18.1) may 24 hear testimony and consider all evidence available in any 25 case in which any charge is filed against any such policeman 26 or fireman alleging that he understated his age in his 27 application for appointment into the classified civil service 28 of the municipality. 29 In addition to all the other powers now granted by law, 30 the corporate authorities of any municipality which has 31 adopted or shall adopt this Division 1 may by ordinance 32 provide an age limit of not less than 63 years as the maximum 33 age for the legal employment of any person employed as a 34 policeman or fireman under this Division 1, and may provide HB1165 Enrolled -6- LRB9102387EGfg 1 in that ordinance for the automatic or compulsory retirement 2 and discharge of the policeman or fireman upon his attainment 3 of the designated retirement age. 4 This Section does not apply to the suspension, removal or 5 discharge of officers and civilian employees of the police 6 department in the classified civil service of a municipality 7 of more than 500,000 but that disciplinary action may be 8 taken by the Police Board, rather than the civil service 9 commission, as provided in Section 10-1-18.1. 10 (d) Commencing on January 1, 1993, each board or other 11 entity responsible for determining whether or not to file a 12 charge shall, no later than December 31 of each year, publish 13 a status report on its investigations of allegations of 14 unreasonable force. At a minimum, the status report shall 15 include the following information: 16 (1) the number of police officers against whom an 17 allegation of unreasonable force was made; 18 (2) the number of allegations of unreasonable force 19 made against each such police officer; 20 (3) the number of police officers against whom 21 disciplinary charges were filed on the basis of 22 allegations of unreasonable force; 23 (4) a listing of investigations of allegations of 24 unreasonable force pending as of the date of the report, 25 together with the dates on which such allegations were 26 made; and 27 (5) a listing of allegations of unreasonable force 28 for which the board has determined not to file charges. 29 These status reports shall not disclose the identity of 30 any witness or victim, nor shall they disclose the 31 identity of any police officer who is the subject of an 32 allegation of unreasonable force against whom a charge 33 has not been filed. The information underlying these 34 status reports shall be confidential and exempt from HB1165 Enrolled -7- LRB9102387EGfg 1 public inspection and copying, as provided under Section 2 7 of the Freedom of Information Act. 3 (Source: P.A. 87-1239.) 4 (65 ILCS 5/10-2.1-17) (from Ch. 24, par. 10-2.1-17) 5 Sec. 10-2.1-17. Removal or discharge; investigation of 6 charges; retirement. Except as hereinafter provided, no 7 officer or member of the fire or police department of any 8 municipality subject to this Division 2.1 shall be removed or 9 discharged except for cause, upon written charges, and after 10 an opportunity to be heard in his own defense. The hearing 11 shall be as hereinafter provided, unless the employer and the 12 labor organization representing the person have negotiated an 13 alternative or supplemental form of due process based upon 14 impartial arbitration as a term of a collective bargaining 15 agreement. In non-home rule units of government, such 16 bargaining shall be permissive rather than mandatory unless 17 such contract term was negotiated by the employer and the 18 labor organization prior to or at the time of the effective 19 date of this amendatory Act, in which case such bargaining 20 shall be considered mandatory. 21 If the chief of the fire department or the chief of the 22 police department or both of them are appointed in the manner 23 provided by ordinance, they may be removed or discharged by 24 the appointing authority. In such case the appointing 25 authority shall file with the corporate authorities the 26 reasons for such removal or discharge, which removal or 27 discharge shall not become effective unless confirmed by a 28 majority vote of the corporate authorities. The board of 29 fire and police commissioners shall conduct a fair and 30 impartial hearing of the charges, to be commenced within 30 31 days of the filing thereof, which hearing may be continued 32 from time to time. In case an officer or member is found 33 guilty, the board may discharge him, or may suspend him not HB1165 Enrolled -8- LRB9102387EGfg 1 exceeding 30 days without pay. The board may suspend any 2 officer or member pending the hearing with or without pay, 3 but not to exceed 30 days. If the Board of Fire and Police 4 Commissioners determines that the charges are not sustained, 5 the officer or member shall be reimbursed for all wages 6 withheld, if any. In the conduct of this hearing, each 7 member of the board shall have power to administer oaths and 8 affirmations, and the board shall have power to secure by its 9 subpoena both the attendance and testimony of witnesses and 10 the production of books and papers relevant to the hearing. 11 The age for retirement of policemen or firemen in the 12 service of any municipality which adopts this Division 2.1 is 13 65 years, unless the Council or Board of Trustees shall by 14 ordinance provide for an earlier retirement age of not less 15 than 60 years. 16 The provisions of the Administrative Review Law, and all 17 amendments and modifications thereof, and the rules adopted 18 pursuant thereto, shall apply to and govern all proceedings 19 for the judicial review of final administrative decisions of 20 the board of fire and police commissioners hereunder. The 21 term "administrative decision" is defined as in Section 3-101 22 of the Code of Civil Procedure. 23 Nothing in this Section shall be construed to prevent the 24 chief of the fire department or the chief of the police 25 department from suspending without pay a member of his 26 department for a period of not more than 5 calendar days, but 27 he shall notify the board in writing of such suspension. 28 The hearing shall be as hereinafter provided, unless the 29 employer and the labor organization representing the person 30 have negotiated an alternative or supplemental form of due 31 process based upon impartial arbitration as a term of a 32 collective bargaining agreement. In non-home rule units of 33 government, such bargaining shall be permissive rather than 34 mandatory unless such contract term was negotiated by the HB1165 Enrolled -9- LRB9102387EGfg 1 employer and the labor organization prior to or at the time 2 of the effective date of this amendatory Act, in which case 3 such bargaining shall be considered mandatory. 4 Any policeman or fireman so suspended may appeal to the 5 board of fire and police commissioners for a review of the 6 suspension within 5 calendar days after such suspension, and 7 upon such appeal, the board may sustain the action of the 8 chief of the department, may reverse it with instructions 9 that the man receive his pay for the period involved, or may 10 suspend the officer for an additional period of not more than 11 30 days or discharge him, depending upon the facts presented. 12 (Source: P.A. 85-915.) 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.