Bill Amendment: IL HB1604 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LOCAL GOVERNMENT-TECH
Status: 2015-04-24 - Rule 19(a) / Re-referred to Rules Committee [HB1604 Detail]
Download: Illinois-2015-HB1604-House_Amendment_001.html
Bill Title: LOCAL GOVERNMENT-TECH
Status: 2015-04-24 - Rule 19(a) / Re-referred to Rules Committee [HB1604 Detail]
Download: Illinois-2015-HB1604-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 1604
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2 | AMENDMENT NO. ______. Amend House Bill 1604 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Municipal Code is amended by | ||||||
5 | changing Section 10-2.1-17 as follows:
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6 | (65 ILCS 5/10-2.1-17) (from Ch. 24, par. 10-2.1-17)
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7 | Sec. 10-2.1-17. Removal or discharge; investigation of | ||||||
8 | charges;
retirement. Except as hereinafter provided, no | ||||||
9 | officer or member of the fire
or police department of any | ||||||
10 | municipality subject to this Division 2.1 shall be
removed or | ||||||
11 | discharged except for cause, upon written charges, and after an
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12 | opportunity to be heard in his own defense.
The hearing shall | ||||||
13 | be as hereinafter provided, unless the employer and the
labor | ||||||
14 | organization representing the person have negotiated an | ||||||
15 | alternative or
supplemental form of due process based upon | ||||||
16 | impartial arbitration as a term of
a collective bargaining |
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1 | agreement. Such
bargaining shall be mandatory unless the | ||||||
2 | parties mutually agree otherwise. Any such alternative | ||||||
3 | agreement shall be permissive.
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4 | If the chief of the fire department or the chief of the | ||||||
5 | police department or
both of them are appointed in the manner | ||||||
6 | provided by ordinance, they may be
removed or discharged by the | ||||||
7 | board of fire and police commissioners if the municipality has | ||||||
8 | such a board or the appointing authority if the municipality | ||||||
9 | does not have a board of fire and police commissioners . In such | ||||||
10 | case the appointing
authority shall file with the corporate | ||||||
11 | authorities the reasons for such
removal or discharge, which | ||||||
12 | removal or discharge shall not become effective
unless | ||||||
13 | confirmed by a majority vote of the corporate authorities. The | ||||||
14 | board of
fire and police commissioners shall conduct a fair and | ||||||
15 | impartial hearing of
the charges, to be commenced within 30 | ||||||
16 | days of the filing thereof, which
hearing may be continued from | ||||||
17 | time to time. In case an officer or member
is found guilty, the | ||||||
18 | board may discharge him, or may suspend him not
exceeding 30 | ||||||
19 | days without pay. The board may suspend any officer or
member | ||||||
20 | pending the hearing with or without pay, but not to exceed 30
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21 | days. If the Board of Fire and Police Commissioners determines | ||||||
22 | that the
charges are not sustained, the officer or member shall | ||||||
23 | be reimbursed for
all wages withheld, if any. In the conduct of | ||||||
24 | this hearing, each member
of the board shall have power to | ||||||
25 | administer oaths and affirmations, and
the board shall have | ||||||
26 | power to secure by its subpoena both the attendance
and |
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1 | testimony of witnesses and the production of books and papers
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2 | relevant to the hearing.
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3 | The age for retirement of policemen or firemen in the | ||||||
4 | service of any
municipality which adopts this Division 2.1 is | ||||||
5 | 65 years, unless the
Council or Board of Trustees shall by | ||||||
6 | ordinance provide for an earlier
retirement age of not less | ||||||
7 | than 60 years.
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8 | The provisions of the Administrative Review Law, and all | ||||||
9 | amendments and
modifications thereof, and the rules
adopted | ||||||
10 | pursuant thereto, shall apply to and govern all proceedings for
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11 | the judicial review of final administrative decisions of the | ||||||
12 | board of
fire and police commissioners hereunder. The term | ||||||
13 | "administrative
decision" is defined as in Section 3-101 of the | ||||||
14 | Code of Civil Procedure.
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15 | Nothing in this Section shall be construed to prevent the | ||||||
16 | chief of
the fire department or the chief of the police | ||||||
17 | department from
suspending without pay a member of his | ||||||
18 | department for a period of not
more than 5 calendar days, but | ||||||
19 | he shall notify the board in writing of such
suspension.
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. Such
bargaining shall be
mandatory | ||||||
25 | unless the parties mutually agree otherwise. Any such | ||||||
26 | alternative agreement shall be permissive.
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1 | Any policeman or fireman so suspended may appeal to the | ||||||
2 | board 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 chief | ||||||
5 | of the department, may reverse it with instructions that the | ||||||
6 | man
receive his pay for the period involved, or may suspend the | ||||||
7 | officer for an
additional period of not more than 30 days or | ||||||
8 | discharge him, depending upon
the facts presented.
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9 | (Source: P.A. 95-356, eff. 8-23-07.)
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
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