HB 5303 — SHERIFF'S MERIT BD-DISCIPLINE

3-7008.

Appointments.

The appointment of deputy sheriffs in the Police Department, full-time deputy sheriffs not employed as county police officers or county corrections officers and of employees in the Department of Corrections shall be made from those applicants who have been certified by the Board as being qualified for appointment.

Certification for appointment in one department shall not constitute certification for appointment in another department.

Certification may be made at any point prior to appointment and may be made in conjunction with the Sheriff's application process.

All persons so appointed shall, at the time of their appointment, be not less than 21 years of age, or 20 years of age and have successfully completed 2 years of law enforcement studies at an accredited college or university.

Any person HB5303 Enrolled - 5 - LRB100 18947 AWJ 34197 b appointed subsequent to successful completion of 2 years of such law enforcement studies shall not have power of arrest, nor shall he or she be permitted to carry firearms, until he or she reaches 21 years of age.

In addition, all persons so appointed shall be not more than the maximum age limit fixed by the Board from time to time, be of sound mind and body, be of good moral character, be citizens of the United States, have not been convicted of a crime which the Board considers to be detrimental to the applicant's ability to carry out his or her duties, possess such prerequisites of training, education and experience as the Board may from time to time prescribe, and shall be required to pass successfully mental, physical, psychiatric and other tests and examinations as may be prescribed by the Board.

Preference shall be given in such appointments to persons who have honorably served in the military or naval services of the United States.

Before entering upon his or her duties, each deputy sheriff in the County Police Department shall execute a good and sufficient bond, payable to the People of the State of Illinois, in the penal sum of $1,000 and to the Sheriff of the County where he or she is employed in the sum of $10,000, conditioned on the faithful performance of his or her duties.

All appointees shall serve a probationary period of 12 months and during that period may be discharged at the will of the Sheriff.

However, civil service employees of the house of correction who have certified status at the time of the transfer of the house of correction HB5303 Enrolled - 6 - LRB100 18947 AWJ 34197 b to the County Department of Corrections are not subject to this probationary period, and they shall retain their job titles, such tenure privileges as are now enjoyed and any subsequent title changes shall not cause reduction in rank or elimination of positions.

(Source:

P.A.

86-962.) (55 ILCS 5/3-7011) (from Ch.

34, par.

Such disciplinary measures may include suspension of any deputy sheriff in the County Police Department, any full-time deputy sheriff not employed as a county police officer or county corrections officer and any employee in the County Department of Corrections forand aany reasonableother perioddiscipline forthat alldoes disciplinenot lessconstitute thantermination termination,or demotion for a reasonable period, not exceeding 30 days, without complying with the provisions of Section 3-7012 hereof.

Except as is otherwise provided in this Division, no deputy sheriff in the HB5303 Engrossed - 2 - LRB100 18947 AWJ 34197 b County Police Department, no full-time deputy sheriff not employed as a county police officer or county corrections HB5303 Enrolled - 7 - LRB100 18947 AWJ 34197 b officer and no employee in the County Department of Corrections shall be removed, demoted or suspended except for cause, upon written charges filed with the Board by the Sheriff and a hearing before the Board,Board or a hearing officer designated by the Board, thereon upon not less than 10 days' notice at a place to be designated by the chairman thereof.

The Board,Board or a hearing officer designated by the Board, shall have the power to secure by its subpoena both the attendance and testimony of witnesses and the production of books and papers in support of the charges and for the defense.

Each member of the Board,Board and hearing officers designated by the Board, shall have the power to administer oaths or affirmations.

If the charges against an accused deputy sheriff are established by a preponderance of evidence, the Board,Board or a hearing officer designated by the Board, shall make a finding of guilty and order either removal, demotion, suspension for a period of not more than 180 days, or such other disciplinary punishment as may be prescribed by the rules and regulations of HB5303 Engrossed - 3 - LRB100 18947 AWJ 34197 b the Board which, in the opinion of the members thereof, the offense merits.

The Board shall render its decision no later than 90120 days following the conclusion of any hearings conducted under the provisions of this Section.

Thereupon the sheriff shall direct such removal or other punishment as ordered by the Board and if the accused HB5303 Enrolled - 8 - LRB100 18947 AWJ 34197 b deputy sheriff refuses to abide by any such disciplinary order, the sheriff shall remove him or her forthwith.

InOn caseand ofafter theJune neglect1, or2018, refusalfor ofan anyappointed personofficer torank obeysubject ato subpoenahearing issuedunder bythis theSection Board,that oris acovered hearing officer designated by thea Board,collective anybargaining circuitagreement, courtdisciplinary ormeasures aand judgethe thereof,method upon application of anyreview member of thethose Board,measures orare asubject hearingto officermandatory designatedbargaining, byincluding, thebut Board,not maylimited orderto, suchthe personuse toof appearimpartial beforearbitration theas Boardan andalternative giveor testimonysupplemental orform produceof evidence,due process and any failureof to obey such order is punishable by the courtprocedures aslaid aout contemptin thereof.this Section.

Within 21 days after the conclusion of a hearing overseen by a hearing officer appointed under Section 3-7004, the hearing officer shall issue a recommended order in writing, which shall include findings of fact and a determination of whether cause for discipline has been established by the Sheriff.

The hearing officer shall also recommend whether discipline should be imposed and the level of the discipline.

Any hearing officer may issue the recommended order.

Within 21 days after receipt of service of the recommended order, the Sheriff and the respondent may file with the board written exceptions to any part of the order.

Exceptions shall be supported by argument and served on all parties at the time they are filed.

If no exceptions are filed, the recommended order shall become the order of the board without further review.

The board may set any further rules in accordance with this Section.

In case of the neglect or refusal of any person to obey a HB5303 Enrolled - 9 - LRB100 18947 AWJ 34197 b subpoena issued by the Board, any circuit court or a judge thereof, upon application of any member of the Board, may order such person to appear before the Board and give testimony or produce evidence, and any failure to obey such order is punishable by the court as a contempt thereof.

86-962.) (55 ILCS 5/3-70185/3-7007 new)rep.) Sec.Section 10.

3-7018.The Counties Code is amended by repealing Section 3-7007.

Collective bargaining.

Nothing in this Division shall be used to supplant or undermine existing HB5303 Engrossed - 4 - LRB100 18947 AWJ 34197 b agreements or proscribe future agreements achieved by collective bargaining, nor shall the provisions of this Division diminish the rights and protections under the Illinois Public Labor Relations Act.