Bill Amendment: IL SB0695 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: COOK CO SHERIFF MERIT BOARD

Status: 2017-12-08 - Public Act . . . . . . . . . 100-0562 [SB0695 Detail]

Download: Illinois-2017-SB0695-Senate_Amendment_002.html

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Sen. Bill Cunningham

Filed: 4/3/2017

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AMENDMENT TO SENATE BILL 695
AMENDMENT NO. ______. Amend Senate Bill 695 by replacing
everything after the enacting clause with the following:
"Section 5. The Counties Code is amended by changing
Sections 3-7002, 3-7003, 3-7005, 3-7008, 3-7011, and 3-7012 and
adding Sections 3-7000.5 and 3-7018 as follows:
(55 ILCS 5/3-7000.5 new)
Sec. 3-7000.5. Definitions. As used in this Division:
"Board" means the Cook County Sheriff's Merit Board created
under subsection (b) of Section 3-7002.
"Sheriff" means the Sheriff of Cook County.
"Sworn officer" means a deputy sheriff, deputy sergeant,
deputy lieutenant, corrections officer, corrections sergeant,
corrections lieutenant, police officer, police sergeant,
police lieutenant, or any other person hired or promoted by the
Sheriff and earning the relevant sworn merit rank.

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(55 ILCS 5/3-7002) (from Ch. 34, par. 3-7002)
Sec. 3-7002. Cook County Sheriff's Merit Board.
(a) On the effective date of this amendatory Act of 100th
General Assembly, the terms of all members of the Board created
under this subsection (a) are ended and the Board created under
this subsection (a) is abolished. There is created the Cook
County Sheriff's Merit Board, hereinafter called the Board,
consisting of 7 members appointed by the Sheriff with the
advice and consent of the county board, except that on and
after the effective date of this amendatory Act of 1997, the
Sheriff may appoint 2 additional members, with the advice and
consent of the county board, at his or her discretion. Of the
members first appointed, one shall serve until the third Monday
in March, 1965 one until the third Monday in March, 1967, and
one until the third Monday in March, 1969. Of the 2 additional
members first appointed under authority of this amendatory Act
of 1991, one shall serve until the third Monday in March, 1995,
and one until the third Monday in March, 1997. Of the 2
additional members first appointed under the authority of this
amendatory Act of the 91st General Assembly, one shall serve
until the third Monday in March, 2005 and one shall serve until
the third Monday in March, 2006.
Upon the expiration of the terms of office of those first
appointed (including the 2 additional members first appointed
under authority of this amendatory Act of 1991 and under the

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authority of this amendatory Act of the 91st General Assembly),
their respective successors shall be appointed to hold office
from the third Monday in March of the year of their respective
appointments for a term of 6 years and until their successors
are appointed and qualified for a like term. As additional
members are appointed under authority of this amendatory Act of
1997, their terms shall be set to be staggered consistently
with the terms of the existing Board members. No more than 3
members of the Board shall be affiliated with the same
political party, except that as additional members are
appointed by the Sheriff under authority of this amendatory Act
of 1997 and under the authority of this amendatory Act of the
91st General Assembly, the political affiliation of the Board
shall be such that no more than one-half of the members plus
one additional member may be affiliated with the same political
party. No member shall have held or have been a candidate for
an elective public office within one year preceding his or her
appointment.
The Sheriff may deputize members of the Board.
(b) On the effective date of this amendatory Act of the
100th General Assembly, there is created the Cook County
Sheriff's Merit Board, consisting of 5 members appointed by the
Sheriff with the advice and consent of the county board who
should have the following qualifications: one member who is an
employee or agent representing the interests of labor unions;
one member who is or was employed by a law enforcement agency

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and was responsible for investigating disciplinary cases; one
member who is or was engaged in academic research relating to
criminal justice at an institution of higher learning; one
member who is or was affiliated with a not-for-profit prison
reform entity; and one member who is or was involved with a
not-for-profit community or civic organization. Of the members
initially appointed to the Board, 2 shall serve until the first
Monday in March of 2019, one shall serve until the first Monday
in March of 2020, one shall serve until the first Monday in
March of 2021, and one shall serve until the first Monday in
March of 2022, thereafter all members shall be appointed for
terms of 4 years. Members shall serve until their successors
are appointed and qualified. Whenever a vacancy in the office
of member shall occur, the Sheriff shall, with the advice and
consent of the county board, appoint a person to serve for the
remainder of the unexpired term. No more than 3 members of the
Board shall be affiliated with the same political party.
It is the intent of the General Assembly that the Cook
County Sheriff's Merit Board created under this subsection (b)
shall act as the successor agency to the former Merit Board
created under subsection (a) of this Section for purposes of
the former Merit Board's responsibilities.
The Cook County Sheriff's Merit Board shall inherit and
subsume all written charges filed before the former Merit Board
created under subsection (a) of this Section and all decisions
and actions of the former Merit Board made pursuant to Sections

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3-7006, 3-7007, 3-7008, 3-7009, 3-7010, or 3-7012 and prior to
the effective date of this amendatory Act of the 100th General
Assembly and may preside over, amend, correct, or defend these
decisions and actions as required or permitted by law.
The Cook County Sheriff's Merit Board shall ensure that all
applicable federal and State laws are followed and enforced.
The Cook County Sheriff's Merit Board shall ensure that the
hiring and promotional practices of sworn officers by the
Sheriff's Office reflect the diverse demographics of Cook
County and that those priorities give preference to honorably
discharged veterans of the Armed Forces of the United States of
America.
(Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97;
90-655, eff. 7-30-98; 91-722, eff. 6-2-00.)
(55 ILCS 5/3-7003) (from Ch. 34, par. 3-7003)
Sec. 3-7003. Compensation and expenses of board members.
Each member of the Board shall receive compensation or a
stipend as determined by the county board; the county board may
provide additional compensation for service as chairman or
secretary. Each member shall be reimbursed for expenses
necessarily incurred in discharging the duties of his or her
office. Such compensation and reimbursement shall be paid by
the county; no other fringe or pension benefits shall be
provided. Each member of the Board shall receive compensation
for each day during which he is engaged in transacting the

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business of the Board and, in addition thereto, his actual
traveling and other expenses necessarily incurred in
discharging the duties of his office. No member of the Board
shall receive compensation of more than $25,000 in any fiscal
year, except that the Chairman shall receive compensation of no
more than $30,000 in any fiscal year. Such compensation
expenses shall be paid by the county.
(Source: P.A. 91-722, eff. 6-2-00.)
(55 ILCS 5/3-7005) (from Ch. 34, par. 3-7005)
Sec. 3-7005. Meetings.
As soon as practicable after the members of the Board have
been appointed, they shall meet, upon the call of the Sheriff,
and shall organize by selecting a chairman and a secretary. The
initial chairman and secretary, and their successors, shall be
selected by the Board from among its members for a term of 2
years or for the remainder of their term of office as a member
of the Board, whichever is the shorter. Three Two members of
the Board shall constitute a quorum for the transaction of
business, except that as additional members are appointed under
authority of this amendatory Act of 1997, the number of members
that must be present to constitute a quorum shall be the number
of members that constitute at least 40% of the Board. The Board
shall hold regular quarterly meetings and such other meetings
as may be called by the chairman. The Board shall meet at the
call of the Sheriff for the purpose of naming a successor

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chairman or secretary whenever there is a vacancy in either of
those offices, or to transact any other business before the
Board.
(Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97;
90-655, eff. 7-30-98.)
(55 ILCS 5/3-7008) (from Ch. 34, par. 3-7008)
Sec. 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. 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 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

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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
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.)

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(55 ILCS 5/3-7011) (from Ch. 34, par. 3-7011)
Sec. 3-7011. Disciplinary measures. In Cook County, the
Sheriff, or his or her designee, is solely responsible for the
adjudication of all disciplinary measures against a sworn
officer when the maximum punishment for the violation alleged
is the suspension of the sworn officer for a period not
exceeding 90 days, subject to review under the provisions of
the applicable collective bargaining agreement. Any allegation
against a sworn officer which would result in suspension for a
period of greater than 90 days shall be adjudicated as provided
under Section 3-7012.
Disciplinary measures prescribed by the Board may be taken by
the sheriff for the punishment of infractions of the rules and
regulations promulgated by the Board. 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 for a reasonable period, not exceeding 30 days,
without complying with the provisions of Section 3-7012 hereof.
(Source: P.A. 86-962.)
(55 ILCS 5/3-7012) (from Ch. 34, par. 3-7012)
Sec. 3-7012. Removal, demotion or suspension. Except as is
otherwise provided in this Division, no deputy sheriff in the
County Police Department, no full-time deputy sheriff not

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employed as a county police officer or county corrections
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, 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. At such
hearing, the accused deputy sheriff shall be afforded full
opportunity to be heard in his or her own defense and to
produce proof in his or her defense. The 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. The fees of witnesses for
attendance and travel shall be the same as the fees of
witnesses before the circuit courts of this State, and shall be
paid in the same manner as other expenses of the Board. Each
member of the 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, 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
the Board which, in the opinion of the members thereof, the

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offense merits. Thereupon the sheriff shall direct such removal
or other punishment as ordered by the Board and if the accused
deputy sheriff refuses to abide by any such disciplinary order,
the sheriff shall remove him or her forthwith.
In case of the neglect or refusal of any person to obey a
subpoena issued by the Board, or a hearing officer designated
by the Board, any circuit court or a judge thereof, upon
application of any member of the Board, or a designated hearing
officer, 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.
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 any order of the Board rendered pursuant
to the provisions of this Section.
(Source: P.A. 86-962.)
(55 ILCS 5/3-7018 new)
Sec. 3-7018. Annual reports. On January 31, 2019, and on
January 31 of each year thereafter, the Board shall publish an
annual report, which shall be available on the website of the
Cook County Sheriff. The annual report of the Board shall
contain a summary of hiring and promotions of the preceding
year, together with a summary of the Board's disciplinary
proceedings of the preceding year.

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(55 ILCS 5/3-7007 rep.)
Section 10. The Counties Code is amended by repealing
Section 3-7007.
Section 99. Effective date. This Act takes effect January
1, 2018.".