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91_HB1165sam001
LRB9102387EGfgam07
1 AMENDMENT TO HOUSE BILL 1165
2 AMENDMENT NO. . Amend House Bill 1165 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Municipal Code."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Illinois Municipal Code is amended by
8 changing Sections 10-1-18 and 10-2.1-17 as follows:
9 (65 ILCS 5/10-1-18) (from Ch. 24, par. 10-1-18)
10 Sec. 10-1-18. (a) Except as hereinafter provided in this
11 Section, no officer or employee in the classified civil
12 service of any municipality who is appointed under the rules
13 and after examination, may be removed or discharged, or
14 suspended for a period of more than 30 days, except for cause
15 upon written charges and after an opportunity to be heard in
16 his own defense. The hearing shall be as hereinafter
17 provided, unless the employer and the labor organization
18 representing the person have negotiated an alternative or
19 supplemental form of due process based upon impartial
20 arbitration as a term of a collective bargaining agreement.
21 In non-home rule units of government, such bargaining shall
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1 be permissive rather than mandatory unless such contract term
2 was negotiated by the employer and the labor organization
3 prior to or at the time of the effective date of this
4 amendatory Act, in which case such bargaining shall be
5 considered mandatory.
6 Such charges shall be investigated by or before the civil
7 service commission, or by or before some officer or board
8 appointed by the commission to conduct that investigation.
9 The finding and decision of that commission or investigating
10 officer or board, when approved by the commission, shall be
11 certified to the appointing officer, and shall forthwith be
12 enforced by that officer. Before any officer or employee in
13 the classified service of any municipality may be
14 interrogated or examined by or before any disciplinary board,
15 or departmental agent or investigator, the results of which
16 hearing, interrogation or examination may be the basis for
17 filing charges seeking his removal or discharge, he must be
18 advised in writing as to what specific improper or illegal
19 act he is alleged to have committed; he must be advised in
20 writing that his admissions made in the course of the
21 hearing, interrogation or examination may be used as the
22 basis for charges seeking his removal or discharge; and he
23 must be advised in writing that he has the right to counsel
24 of his own choosing present to advise him at any hearing,
25 interrogation or examination; and a complete record of any
26 hearing, interrogation or examination shall be made and a
27 complete transcript thereof made available to such officer or
28 employee without charge and without delay. Nothing in this
29 Division 1 limits the power of any officer to suspend a
30 subordinate for a reasonable period, not exceeding 30 days
31 except that any employee or officer suspended for more than 5
32 days or suspended within 6 months after a previous suspension
33 shall be entitled, upon request, to a hearing before the
34 civil service commission concerning the propriety of such
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1 suspension. In the course of an investigation of charges,
2 each member of the commission, and of any board so appointed
3 by it, and any officer so appointed, may administer oaths and
4 may secure by its subpoena both the attendance and testimony
5 of witnesses, and the production of books and papers relevant
6 to the investigation. Nothing in this Section shall be
7 construed to require such charges or investigation in cases
8 of persons having the custody of public money for the safe
9 keeping of which another person has given bonds.
10 This subsection (a) does not apply to police or
11 firefighters in the classified civil service of a
12 municipality of 500,000 or fewer inhabitants.
13 (b) No officer or employee of a police or fire
14 department in the classified civil service of any
15 municipality having 500,000 or fewer inhabitants who is
16 appointed under the rules and after examination, may be
17 removed or discharged, or suspended for a period of more than
18 5 calendar days, except for cause upon written charges and
19 after an opportunity to be heard in his own defense. 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. In non-home rule units of government,
25 such bargaining shall be permissive rather than mandatory
26 unless such contract term was negotiated by the employer and
27 the labor organization prior to or at the time of the
28 effective date of this amendatory Act, in which case such
29 bargaining shall be considered mandatory.
30 Such charges shall be investigated by or before the civil
31 service commission, or by or before some officer or board
32 appointed by the commission to conduct that investigation.
33 The finding and decision of that commission or investigating
34 officer or board, when approved by the commission, shall be
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1 certified to the appointing officer, and shall forthwith be
2 enforced by that officer. Before any such officer or
3 employee of a police or fire department may be interrogated
4 or examined by or before any disciplinary board, or
5 departmental agent or investigator, the results of which
6 hearing, interrogation or examination may be the basis for
7 filing charges seeking his removal or discharge, he must be
8 advised in writing as to what specific improper or illegal
9 act he is alleged to have committed; he must be advised in
10 writing that his admissions made in the course of the
11 hearing, interrogation or examination may be used as the
12 basis for charges seeking his removal or discharge; and he
13 must be advised in writing that he has the right to have
14 counsel of his own choosing present to advise him at any
15 hearing, interrogation or examination; and a complete record
16 of any hearing, interrogation or examination shall be made
17 and a complete transcript thereof made available to such
18 officer or employee without charge and without delay. Nothing
19 in this Division 1 limits the power of the chief officer of a
20 police or fire department to suspend a subordinate for a
21 reasonable period, not exceeding 5 calendar days, provided
22 the civil service commission is promptly notified thereof in
23 writing. Any employee or officer so suspended shall be
24 entitled, upon request, to a hearing before the civil service
25 commission concerning the propriety of such suspension. Upon
26 such hearing, the commission may sustain the action of the
27 chief of the department, may reverse it with instructions
28 that the person receive his pay for the period involved, or
29 may suspend the person for an additional period of not more
30 than 30 days or discharge him, depending upon the facts
31 presented. In the course of an investigation of charges, each
32 member of the commission, and of any board so appointed by
33 it, and any officer so appointed, may administer oaths and
34 may secure by its subpoena both the attendance and testimony
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1 of witnesses, and the production of books and papers relevant
2 to the investigation. If the charge is based upon an
3 allegation of the use of unreasonable force by a police
4 officer, the charge must be brought within 5 years after the
5 commission of the act upon which the charge is based. The
6 statute of limitations established in this Section 10-1-18(b)
7 shall apply only to acts of unreasonable force occurring on
8 or after the effective date of this amendatory Act of 1992.
9 (c) Whenever the corporate authorities of any
10 municipality in which this Division 1 is in operation,
11 designates by ordinance or whenever any general law of this
12 state designates any specific age of not less than 63 years
13 as the maximum age for legal employment of policemen or
14 firemen in the service of any municipality which has adopted
15 or shall adopt this Division 1 or designates any minimum age
16 for the automatic or compulsory retirement of policemen or
17 firemen in the service of that municipality, any such
18 policeman or fireman to whom such ordinance or law may refer
19 or apply upon attaining the designated age of 63 years or
20 upwards as set out in the ordinance or law shall forthwith
21 and immediately be retired from the service of that
22 municipality in accordance with the terms or provisions of
23 that ordinance or law. The civil service commission of the
24 municipality shall discharge or retire automatically any
25 policeman or fireman in the classified civil service of the
26 municipality at the time and in the manner provided in that
27 ordinance or law and certify the retirement or discharge to
28 the proper branch or department head. In the case of any such
29 policeman or fireman who has filed an application for
30 appointment in the classified civil service of the
31 municipality, the age stated in that application shall be
32 conclusive evidence against that policeman or fireman of his
33 age, but the civil service commission (except as respects
34 police department officers and employees in municipalities of
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1 more than 500,000 population where the Police Board shall
2 exercise these powers as provided in Section 10-1-18.1) may
3 hear testimony and consider all evidence available in any
4 case in which any charge is filed against any such policeman
5 or fireman alleging that he understated his age in his
6 application for appointment into the classified civil service
7 of the municipality.
8 In addition to all the other powers now granted by law,
9 the corporate authorities of any municipality which has
10 adopted or shall adopt this Division 1 may by ordinance
11 provide an age limit of not less than 63 years as the maximum
12 age for the legal employment of any person employed as a
13 policeman or fireman under this Division 1, and may provide
14 in that ordinance for the automatic or compulsory retirement
15 and discharge of the policeman or fireman upon his attainment
16 of the designated retirement age.
17 This Section does not apply to the suspension, removal or
18 discharge of officers and civilian employees of the police
19 department in the classified civil service of a municipality
20 of more than 500,000 but that disciplinary action may be
21 taken by the Police Board, rather than the civil service
22 commission, as provided in Section 10-1-18.1.
23 (d) Commencing on January 1, 1993, each board or other
24 entity responsible for determining whether or not to file a
25 charge shall, no later than December 31 of each year, publish
26 a status report on its investigations of allegations of
27 unreasonable force. At a minimum, the status report shall
28 include the following information:
29 (1) the number of police officers against whom an
30 allegation of unreasonable force was made;
31 (2) the number of allegations of unreasonable force
32 made against each such police officer;
33 (3) the number of police officers against whom
34 disciplinary charges were filed on the basis of
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1 allegations of unreasonable force;
2 (4) a listing of investigations of allegations of
3 unreasonable force pending as of the date of the report,
4 together with the dates on which such allegations were
5 made; and
6 (5) a listing of allegations of unreasonable force
7 for which the board has determined not to file charges.
8 These status reports shall not disclose the identity of
9 any witness or victim, nor shall they disclose the
10 identity of any police officer who is the subject of an
11 allegation of unreasonable force against whom a charge
12 has not been filed. The information underlying these
13 status reports shall be confidential and exempt from
14 public inspection and copying, as provided under Section
15 7 of the Freedom of Information Act.
16 (Source: P.A. 87-1239.)
17 (65 ILCS 5/10-2.1-17) (from Ch. 24, par. 10-2.1-17)
18 Sec. 10-2.1-17. Removal or discharge; investigation of
19 charges; retirement. Except as hereinafter provided, no
20 officer or member of the fire or police department of any
21 municipality subject to this Division 2.1 shall be removed or
22 discharged except for cause, upon written charges, and after
23 an opportunity to be heard in his own defense. The hearing
24 shall be as hereinafter provided, unless the employer and the
25 labor organization representing the person have negotiated an
26 alternative or supplemental form of due process based upon
27 impartial arbitration as a term of a collective bargaining
28 agreement. In non-home rule units of government, such
29 bargaining shall be permissive rather than mandatory unless
30 such contract term was negotiated by the employer and the
31 labor organization prior to or at the time of the effective
32 date of this amendatory Act, in which case such bargaining
33 shall be considered mandatory.
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1 If the chief of the fire department or the chief of the
2 police department or both of them are appointed in the manner
3 provided by ordinance, they may be removed or discharged by
4 the appointing authority. In such case the appointing
5 authority shall file with the corporate authorities the
6 reasons for such removal or discharge, which removal or
7 discharge shall not become effective unless confirmed by a
8 majority vote of the corporate authorities. The board of
9 fire and police commissioners shall conduct a fair and
10 impartial hearing of the charges, to be commenced within 30
11 days of the filing thereof, which hearing may be continued
12 from time to time. In case an officer or member is found
13 guilty, the board may discharge him, or may suspend him not
14 exceeding 30 days without pay. The board may suspend any
15 officer or member pending the hearing with or without pay,
16 but not to exceed 30 days. If the Board of Fire and Police
17 Commissioners determines that the charges are not sustained,
18 the officer or member shall be reimbursed for all wages
19 withheld, if any. In the conduct of this hearing, each
20 member of the board shall have power to administer oaths and
21 affirmations, and the board shall have power to secure by its
22 subpoena both the attendance and testimony of witnesses and
23 the production of books and papers relevant to the hearing.
24 The age for retirement of policemen or firemen in the
25 service of any municipality which adopts this Division 2.1 is
26 65 years, unless the Council or Board of Trustees shall by
27 ordinance provide for an earlier retirement age of not less
28 than 60 years.
29 The provisions of the Administrative Review Law, and all
30 amendments and modifications thereof, and the rules adopted
31 pursuant thereto, shall apply to and govern all proceedings
32 for the judicial review of final administrative decisions of
33 the board of fire and police commissioners hereunder. The
34 term "administrative decision" is defined as in Section 3-101
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1 of the Code of Civil Procedure.
2 Nothing in this Section shall be construed to prevent the
3 chief of the fire department or the chief of the police
4 department from suspending without pay a member of his
5 department for a period of not more than 5 calendar days, but
6 he shall notify the board in writing of such suspension.
7 The hearing shall be as hereinafter provided, unless the
8 employer and the labor organization representing the person
9 have negotiated an alternative or supplemental form of due
10 process based upon impartial arbitration as a term of a
11 collective bargaining agreement. In non-home rule units of
12 government, such bargaining shall be permissive rather than
13 mandatory unless such contract term was negotiated by the
14 employer and the labor organization prior to or at the time
15 of the effective date of this amendatory Act, in which case
16 such bargaining shall be considered mandatory.
17 Any policeman or fireman so suspended may appeal to the
18 board of fire and police commissioners for a review of the
19 suspension within 5 calendar days after such suspension, and
20 upon such appeal, the board may sustain the action of the
21 chief of the department, may reverse it with instructions
22 that the man receive his pay for the period involved, or may
23 suspend the officer for an additional period of not more than
24 30 days or discharge him, depending upon the facts presented.
25 (Source: P.A. 85-915.)
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.".