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91_SB0171ham002
LRB9101640EGfgam04
1 AMENDMENT TO SENATE BILL 171
2 AMENDMENT NO. . Amend Senate Bill 171 on page 1, in
3 line 5, by changing "Section 10-2.1-4" to "Sections 10-2.1-4
4 and 10-2.1-17"; and
5 on page 4, below line 11, by inserting the following:
6 "(65 ILCS 5/10-2.1-17) (from Ch. 24, par. 10-2.1-17)
7 Sec. 10-2.1-17. Removal or discharge; investigation of
8 charges; retirement.
9 (a) Except as hereinafter provided, no officer or member
10 of the fire or police department of any municipality subject
11 to this Division 2.1 shall be removed or discharged except
12 for cause, upon written charges, and after an opportunity to
13 be heard in his own defense.
14 If the chief of the fire department or the chief of the
15 police department or both of them are appointed in the manner
16 provided by ordinance, they may be removed or discharged by
17 the appointing authority. In such case the appointing
18 authority shall file with the corporate authorities the
19 reasons for such removal or discharge, which removal or
20 discharge shall not become effective unless confirmed by a
21 majority vote of the corporate authorities.
22 The board of fire and police commissioners shall conduct
-2- LRB9101640EGfgam04
1 a fair and impartial hearing of the charges, to be commenced
2 within 30 days of the filing thereof, which hearing may be
3 continued from time to time. In case an officer or member is
4 found guilty, the board may (i) discharge him, (ii) or may
5 suspend him not exceeding 30 days without pay, or (iii) in
6 the case of a police officer, demote him to the rank he held
7 immediately before promotion to his current rank.
8 The board may suspend any officer or member pending the
9 hearing with or without pay, but not to exceed 30 days. If
10 the Board of Fire and Police Commissioners determines that
11 the charges are not sustained, the officer or member shall be
12 reimbursed for all wages withheld, if any. In the conduct of
13 this hearing, each member of the board shall have power to
14 administer oaths and affirmations, and the board shall have
15 power to secure by its subpoena both the attendance and
16 testimony of witnesses and the production of books and papers
17 relevant to the hearing.
18 (b) The age for retirement of policemen or firemen in
19 the service of any municipality which adopts this Division
20 2.1 is 65 years, unless the Council or Board of Trustees
21 shall by ordinance provide for an earlier retirement age of
22 not less than 60 years.
23 (c) The provisions of the Administrative Review Law, and
24 all amendments and modifications thereof, and the rules
25 adopted pursuant thereto, shall apply to and govern all
26 proceedings for the judicial review of final administrative
27 decisions of the board of fire and police commissioners
28 hereunder. The term "administrative decision" is defined as
29 in Section 3-101 of the Code of Civil Procedure.
30 (d) Nothing in this Section shall be construed to
31 prevent the chief of the fire department or the chief of the
32 police department from suspending without pay a member of his
33 department for a period of not more than 5 calendar days, but
34 he shall notify the board in writing of such suspension.
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1 Any policeman or fireman so suspended may appeal to the board
2 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
5 chief of the department, may reverse it with instructions
6 that the man receive his pay for the period involved, or may
7 suspend the officer for an additional period of not more than
8 30 days, or discharge him, or, in the case of a police
9 officer, demote him, depending upon the facts presented.
10 (Source: P.A. 85-915.)".