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Public Act 91-0650
HB1165 Enrolled LRB9102387EGfg
AN ACT to amend the Illinois Municipal Code.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
changing Sections 10-1-18 and 10-2.1-17 as follows:
(65 ILCS 5/10-1-18) (from Ch. 24, par. 10-1-18)
Sec. 10-1-18. (a) Except as hereinafter provided in this
Section, no officer or employee in the classified civil
service of any municipality who is appointed under the rules
and after examination, may be removed or discharged, or
suspended for a period of more than 30 days, except for cause
upon written charges and after an opportunity to be heard in
his own defense. The hearing shall be as hereinafter
provided, unless the employer and the labor organization
representing the person have negotiated an alternative or
supplemental form of due process based upon impartial
arbitration as a term of a collective bargaining agreement.
In non-home rule units of government, such bargaining shall
be permissive rather than mandatory unless such contract term
was negotiated by the employer and the labor organization
prior to or at the time of the effective date of this
amendatory Act, in which case such bargaining shall be
considered mandatory.
Such charges shall be investigated by or before the civil
service commission, or by or before some officer or board
appointed by the commission to conduct that investigation.
The finding and decision of that commission or investigating
officer or board, when approved by the commission, shall be
certified to the appointing officer, and shall forthwith be
enforced by that officer. Before any officer or employee in
the classified service of any municipality may be
interrogated or examined by or before any disciplinary board,
or departmental agent or investigator, the results of which
hearing, interrogation or examination may be the basis for
filing charges seeking his removal or discharge, he must be
advised in writing as to what specific improper or illegal
act he is alleged to have committed; he must be advised in
writing that his admissions made in the course of the
hearing, interrogation or examination may be used as the
basis for charges seeking his removal or discharge; and he
must be advised in writing that he has the right to counsel
of his own choosing present to advise him at any hearing,
interrogation or examination; and a complete record of any
hearing, interrogation or examination shall be made and a
complete transcript thereof made available to such officer or
employee without charge and without delay. Nothing in this
Division 1 limits the power of any officer to suspend a
subordinate for a reasonable period, not exceeding 30 days
except that any employee or officer suspended for more than 5
days or suspended within 6 months after a previous suspension
shall be entitled, upon request, to a hearing before the
civil service commission concerning the propriety of such
suspension. In the course of an investigation of charges,
each member of the commission, and of any board so appointed
by it, and any officer so appointed, may administer oaths and
may secure by its subpoena both the attendance and testimony
of witnesses, and the production of books and papers relevant
to the investigation. Nothing in this Section shall be
construed to require such charges or investigation in cases
of persons having the custody of public money for the safe
keeping of which another person has given bonds.
This subsection (a) does not apply to police or
firefighters in the classified civil service of a
municipality of 500,000 or fewer inhabitants.
(b) No officer or employee of a police or fire
department in the classified civil service of any
municipality having 500,000 or fewer inhabitants who is
appointed under the rules and after examination, may be
removed or discharged, or suspended for a period of more than
5 calendar days, except for cause upon written charges and
after an opportunity to be heard in his own defense. The
hearing shall be as hereinafter provided, unless the employer
and the labor organization representing the person have
negotiated an alternative or supplemental form of due process
based upon impartial arbitration as a term of a collective
bargaining agreement. In non-home rule units of government,
such bargaining shall be permissive rather than mandatory
unless such contract term was negotiated by the employer and
the labor organization prior to or at the time of the
effective date of this amendatory Act, in which case such
bargaining shall be considered mandatory.
Such charges shall be investigated by or before the civil
service commission, or by or before some officer or board
appointed by the commission to conduct that investigation.
The finding and decision of that commission or investigating
officer or board, when approved by the commission, shall be
certified to the appointing officer, and shall forthwith be
enforced by that officer. Before any such officer or
employee of a police or fire department may be interrogated
or examined by or before any disciplinary board, or
departmental agent or investigator, the results of which
hearing, interrogation or examination may be the basis for
filing charges seeking his removal or discharge, he must be
advised in writing as to what specific improper or illegal
act he is alleged to have committed; he must be advised in
writing that his admissions made in the course of the
hearing, interrogation or examination may be used as the
basis for charges seeking his removal or discharge; and he
must be advised in writing that he has the right to have
counsel of his own choosing present to advise him at any
hearing, interrogation or examination; and a complete record
of any hearing, interrogation or examination shall be made
and a complete transcript thereof made available to such
officer or employee without charge and without delay. Nothing
in this Division 1 limits the power of the chief officer of a
police or fire department to suspend a subordinate for a
reasonable period, not exceeding 5 calendar days, provided
the civil service commission is promptly notified thereof in
writing. Any employee or officer so suspended shall be
entitled, upon request, to a hearing before the civil service
commission concerning the propriety of such suspension. Upon
such hearing, the commission may sustain the action of the
chief of the department, may reverse it with instructions
that the person receive his pay for the period involved, or
may suspend the person for an additional period of not more
than 30 days or discharge him, depending upon the facts
presented. In the course of an investigation of charges, each
member of the commission, and of any board so appointed by
it, and any officer so appointed, may administer oaths and
may secure by its subpoena both the attendance and testimony
of witnesses, and the production of books and papers relevant
to the investigation. If the charge is based upon an
allegation of the use of unreasonable force by a police
officer, the charge must be brought within 5 years after the
commission of the act upon which the charge is based. The
statute of limitations established in this Section 10-1-18(b)
shall apply only to acts of unreasonable force occurring on
or after the effective date of this amendatory Act of 1992.
(c) Whenever the corporate authorities of any
municipality in which this Division 1 is in operation,
designates by ordinance or whenever any general law of this
state designates any specific age of not less than 63 years
as the maximum age for legal employment of policemen or
firemen in the service of any municipality which has adopted
or shall adopt this Division 1 or designates any minimum age
for the automatic or compulsory retirement of policemen or
firemen in the service of that municipality, any such
policeman or fireman to whom such ordinance or law may refer
or apply upon attaining the designated age of 63 years or
upwards as set out in the ordinance or law shall forthwith
and immediately be retired from the service of that
municipality in accordance with the terms or provisions of
that ordinance or law. The civil service commission of the
municipality shall discharge or retire automatically any
policeman or fireman in the classified civil service of the
municipality at the time and in the manner provided in that
ordinance or law and certify the retirement or discharge to
the proper branch or department head. In the case of any such
policeman or fireman who has filed an application for
appointment in the classified civil service of the
municipality, the age stated in that application shall be
conclusive evidence against that policeman or fireman of his
age, but the civil service commission (except as respects
police department officers and employees in municipalities of
more than 500,000 population where the Police Board shall
exercise these powers as provided in Section 10-1-18.1) may
hear testimony and consider all evidence available in any
case in which any charge is filed against any such policeman
or fireman alleging that he understated his age in his
application for appointment into the classified civil service
of the municipality.
In addition to all the other powers now granted by law,
the corporate authorities of any municipality which has
adopted or shall adopt this Division 1 may by ordinance
provide an age limit of not less than 63 years as the maximum
age for the legal employment of any person employed as a
policeman or fireman under this Division 1, and may provide
in that ordinance for the automatic or compulsory retirement
and discharge of the policeman or fireman upon his attainment
of the designated retirement age.
This Section does not apply to the suspension, removal or
discharge of officers and civilian employees of the police
department in the classified civil service of a municipality
of more than 500,000 but that disciplinary action may be
taken by the Police Board, rather than the civil service
commission, as provided in Section 10-1-18.1.
(d) Commencing on January 1, 1993, each board or other
entity responsible for determining whether or not to file a
charge shall, no later than December 31 of each year, publish
a status report on its investigations of allegations of
unreasonable force. At a minimum, the status report shall
include the following information:
(1) the number of police officers against whom an
allegation of unreasonable force was made;
(2) the number of allegations of unreasonable force
made against each such police officer;
(3) the number of police officers against whom
disciplinary charges were filed on the basis of
allegations of unreasonable force;
(4) a listing of investigations of allegations of
unreasonable force pending as of the date of the report,
together with the dates on which such allegations were
made; and
(5) a listing of allegations of unreasonable force
for which the board has determined not to file charges.
These status reports shall not disclose the identity of
any witness or victim, nor shall they disclose the
identity of any police officer who is the subject of an
allegation of unreasonable force against whom a charge
has not been filed. The information underlying these
status reports shall be confidential and exempt from
public inspection and copying, as provided under Section
7 of the Freedom of Information Act.
(Source: P.A. 87-1239.)
(65 ILCS 5/10-2.1-17) (from Ch. 24, par. 10-2.1-17)
Sec. 10-2.1-17. Removal or discharge; investigation of
charges; retirement. Except as hereinafter provided, no
officer or member of the fire or police department of any
municipality subject to this Division 2.1 shall be removed or
discharged except for cause, upon written charges, and after
an opportunity to be heard in his own defense. The hearing
shall be as hereinafter provided, unless the employer and the
labor organization representing the person have negotiated an
alternative or supplemental form of due process based upon
impartial arbitration as a term of a collective bargaining
agreement. In non-home rule units of government, such
bargaining shall be permissive rather than mandatory unless
such contract term was negotiated by the employer and the
labor organization prior to or at the time of the effective
date of this amendatory Act, in which case such bargaining
shall be considered mandatory.
If the chief of the fire department or the chief of the
police department or both of them are appointed in the manner
provided by ordinance, they may be removed or discharged by
the appointing authority. In such case the appointing
authority shall file with the corporate authorities the
reasons for such removal or discharge, which removal or
discharge shall not become effective unless confirmed by a
majority vote of the corporate authorities. The board of
fire and police commissioners shall conduct a fair and
impartial hearing of the charges, to be commenced within 30
days of the filing thereof, which hearing may be continued
from time to time. In case an officer or member is found
guilty, the board may discharge him, or may suspend him not
exceeding 30 days without pay. The board may suspend any
officer or member pending the hearing with or without pay,
but not to exceed 30 days. If the Board of Fire and Police
Commissioners determines that the charges are not sustained,
the officer or member shall be reimbursed for all wages
withheld, if any. In the conduct of this hearing, each
member of the board shall have power to administer oaths and
affirmations, and the board shall have power to secure by its
subpoena both the attendance and testimony of witnesses and
the production of books and papers relevant to the hearing.
The age for retirement of policemen or firemen in the
service of any municipality which adopts this Division 2.1 is
65 years, unless the Council or Board of Trustees shall by
ordinance provide for an earlier retirement age of not less
than 60 years.
The provisions of the Administrative Review Law, and all
amendments and modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings
for the judicial review of final administrative decisions of
the board of fire and police commissioners hereunder. The
term "administrative decision" is defined as in Section 3-101
of the Code of Civil Procedure.
Nothing in this Section shall be construed to prevent the
chief of the fire department or the chief of the police
department from suspending without pay a member of his
department for a period of not more than 5 calendar days, but
he shall notify the board in writing of such suspension.
The hearing shall be as hereinafter provided, unless the
employer and the labor organization representing the person
have negotiated an alternative or supplemental form of due
process based upon impartial arbitration as a term of a
collective bargaining agreement. In non-home rule units of
government, such bargaining shall be permissive rather than
mandatory unless such contract term was negotiated by the
employer and the labor organization prior to or at the time
of the effective date of this amendatory Act, in which case
such bargaining shall be considered mandatory.
Any policeman or fireman so suspended may appeal to the
board of fire and police commissioners for a review of the
suspension within 5 calendar days after such suspension, and
upon such appeal, the board may sustain the action of the
chief of the department, may reverse it with instructions
that the man receive his pay for the period involved, or may
suspend the officer for an additional period of not more than
30 days or discharge him, depending upon the facts presented.
(Source: P.A. 85-915.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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