|
Sen. Bill Cunningham
Filed: 4/3/2017
| | 10000SB0695sam002 | | LRB100 06346 JWD 24768 a |
|
|
1 | | AMENDMENT TO SENATE BILL 695
|
2 | | AMENDMENT NO. ______. Amend Senate Bill 695 by replacing |
3 | | everything after the enacting clause with the following:
|
4 | | "Section 5. The Counties Code is amended by changing |
5 | | Sections 3-7002, 3-7003, 3-7005, 3-7008, 3-7011, and 3-7012 and |
6 | | adding Sections 3-7000.5 and 3-7018 as follows:
|
7 | | (55 ILCS 5/3-7000.5 new) |
8 | | Sec. 3-7000.5. Definitions. As used in this Division: |
9 | | "Board" means the Cook County Sheriff's Merit Board created |
10 | | under subsection (b) of Section 3-7002. |
11 | | "Sheriff" means the Sheriff of Cook County. |
12 | | "Sworn officer" means a deputy sheriff, deputy sergeant, |
13 | | deputy lieutenant, corrections officer, corrections sergeant, |
14 | | corrections lieutenant, police officer, police sergeant, |
15 | | police lieutenant, or any other person hired or promoted by the |
16 | | Sheriff and earning the relevant sworn merit rank.
|
|
| | 10000SB0695sam002 | - 2 - | LRB100 06346 JWD 24768 a |
|
|
1 | | (55 ILCS 5/3-7002) (from Ch. 34, par. 3-7002)
|
2 | | Sec. 3-7002. Cook County Sheriff's Merit Board. |
3 | | (a) On the effective date of this amendatory Act of 100th |
4 | | General Assembly, the terms of all members of the Board created |
5 | | under this subsection (a) are ended and the Board created under |
6 | | this subsection (a) is abolished. There is created the
Cook |
7 | | County Sheriff's Merit Board, hereinafter called the Board, |
8 | | consisting
of 7 members appointed by the Sheriff with the |
9 | | advice and consent of
the county
board, except that on and |
10 | | after the effective date of this amendatory Act of
1997, the |
11 | | Sheriff may appoint 2 additional members, with the advice and
|
12 | | consent of the county board, at his or her discretion. Of the |
13 | | members first
appointed, one shall serve until the third Monday |
14 | | in March, 1965 one until the
third Monday in March, 1967, and |
15 | | one until the third Monday in March, 1969. Of
the 2 additional |
16 | | members first appointed under authority of this amendatory Act
|
17 | | of 1991, one shall serve until the third Monday in March, 1995, |
18 | | and one until
the third Monday in March, 1997.
Of the 2 |
19 | | additional members first appointed under the authority of this
|
20 | | amendatory Act of
the 91st General Assembly, one shall serve |
21 | | until the third Monday in March,
2005 and
one shall serve until |
22 | | the third Monday in March, 2006.
|
23 | | Upon the expiration of the terms of office of those first |
24 | | appointed
(including the 2 additional members first appointed |
25 | | under authority of
this amendatory Act of 1991 and under the |
|
| | 10000SB0695sam002 | - 3 - | LRB100 06346 JWD 24768 a |
|
|
1 | | authority of this amendatory Act of
the
91st General Assembly), |
2 | | their respective successors shall be
appointed to hold office |
3 | | from the third Monday in March of the year of
their respective |
4 | | appointments for a term of 6 years and until their
successors |
5 | | are appointed and qualified for a like term. As additional
|
6 | | members are appointed under authority of this amendatory Act of |
7 | | 1997, their
terms shall be set to be staggered consistently |
8 | | with the terms of the existing
Board members. No more than 3
|
9 | | members of the Board shall be affiliated with the same |
10 | | political party,
except that as additional members are |
11 | | appointed by the Sheriff under authority
of this amendatory Act |
12 | | of 1997 and under the authority of this amendatory Act
of the |
13 | | 91st General Assembly, the political affiliation of the Board |
14 | | shall be
such that no more than one-half of the members plus |
15 | | one additional member may
be affiliated with the same political |
16 | | party. No member shall have held or have
been a candidate for |
17 | | an elective public office within one year preceding his or
her |
18 | | appointment.
|
19 | | The Sheriff may deputize members of the Board. |
20 | | (b) On the effective date of this amendatory Act of the |
21 | | 100th General Assembly, there is created the Cook County |
22 | | Sheriff's Merit Board, consisting
of 5 members appointed by the |
23 | | Sheriff with the advice and consent of
the county
board who |
24 | | should have the following qualifications: one member who is an |
25 | | employee or agent representing the interests of labor unions; |
26 | | one member who is or was employed by a law enforcement agency |
|
| | 10000SB0695sam002 | - 4 - | LRB100 06346 JWD 24768 a |
|
|
1 | | and was responsible for investigating disciplinary cases; one |
2 | | member who is or was engaged in academic research relating to |
3 | | criminal justice at an institution of higher learning; one |
4 | | member who is or was affiliated with a not-for-profit prison |
5 | | reform entity; and one member who is or was involved with a |
6 | | not-for-profit community or civic organization. Of the members |
7 | | initially appointed to the Board, 2 shall serve until the first |
8 | | Monday in March of 2019, one shall serve until the first Monday |
9 | | in March of 2020, one shall serve until the first Monday in |
10 | | March of 2021, and one shall serve until the first Monday in |
11 | | March of 2022, thereafter all members shall be appointed for |
12 | | terms of 4 years. Members shall serve until their successors |
13 | | are appointed and qualified. Whenever a vacancy in the office |
14 | | of member shall occur, the Sheriff shall, with the advice and |
15 | | consent of the county board, appoint a person to serve for the |
16 | | remainder of the unexpired term. No more than 3
members of the |
17 | | Board shall be affiliated with the same political party.
|
18 | | It is the intent of the General Assembly that the Cook |
19 | | County Sheriff's Merit Board created under this subsection (b) |
20 | | shall act as the successor agency to the former Merit Board |
21 | | created under subsection (a) of this Section for purposes of |
22 | | the former Merit Board's responsibilities. |
23 | | The Cook County Sheriff's Merit Board shall inherit and |
24 | | subsume all written charges filed before the former Merit Board |
25 | | created under subsection (a) of this Section and all decisions |
26 | | and actions of the former Merit Board made pursuant to Sections |
|
| | 10000SB0695sam002 | - 5 - | LRB100 06346 JWD 24768 a |
|
|
1 | | 3-7006, 3-7007, 3-7008, 3-7009, 3-7010, or 3-7012 and prior to |
2 | | the effective date of this amendatory Act of the 100th General |
3 | | Assembly and may preside over, amend, correct, or defend these |
4 | | decisions and actions as required or permitted by law. |
5 | | The Cook County Sheriff's Merit Board shall ensure that all |
6 | | applicable federal and State laws are followed and enforced. |
7 | | The Cook County Sheriff's Merit Board shall ensure that the |
8 | | hiring and promotional practices of sworn officers by the |
9 | | Sheriff's Office reflect the diverse demographics of Cook |
10 | | County and that those priorities give preference to honorably |
11 | | discharged veterans of the Armed Forces of the United States of |
12 | | America. |
13 | | (Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97; |
14 | | 90-655, eff.
7-30-98; 91-722, eff. 6-2-00.)
|
15 | | (55 ILCS 5/3-7003) (from Ch. 34, par. 3-7003)
|
16 | | Sec. 3-7003. Compensation and expenses of board members. |
17 | | Each member of the Board shall receive compensation or a |
18 | | stipend as determined by the county board; the county board may |
19 | | provide additional compensation for service as chairman or |
20 | | secretary. Each member shall be reimbursed for expenses |
21 | | necessarily incurred in discharging the duties of his or her |
22 | | office. Such compensation and reimbursement shall be paid by |
23 | | the county; no other fringe or pension benefits shall be |
24 | | provided. Each
member of the Board shall receive compensation |
25 | | for
each day during which he is engaged in transacting the |
|
| | 10000SB0695sam002 | - 6 - | LRB100 06346 JWD 24768 a |
|
|
1 | | business of the
Board and, in addition thereto, his actual |
2 | | traveling and other expenses
necessarily incurred in |
3 | | discharging the duties of his office. No member of
the Board |
4 | | shall receive compensation of more than $25,000 in
any
fiscal |
5 | | year, except that
the Chairman shall receive compensation of no
|
6 | | more than $30,000 in any fiscal year. Such compensation |
7 | | expenses shall
be paid by the county.
|
8 | | (Source: P.A. 91-722, eff. 6-2-00.)
|
9 | | (55 ILCS 5/3-7005) (from Ch. 34, par. 3-7005)
|
10 | | Sec. 3-7005. Meetings. |
11 | | As soon as practicable after the members
of the Board have |
12 | | been appointed, they shall meet, upon the call of the
Sheriff, |
13 | | and shall organize by selecting a chairman and a secretary. The
|
14 | | initial chairman and secretary, and their successors, shall be |
15 | | selected by
the Board from among its members for a term of 2 |
16 | | years or for the remainder
of their term of office as a member |
17 | | of the Board, whichever is the shorter.
Three Two members of |
18 | | the Board shall constitute a quorum for
the transaction of
|
19 | | business , except that as additional members are appointed under |
20 | | authority of
this amendatory Act of 1997, the number of members |
21 | | that must be present to
constitute a quorum shall be the number |
22 | | of members that constitute at least 40%
of the Board . The Board |
23 | | shall hold regular quarterly meetings and such other
meetings |
24 | | as may be called by the chairman. The Board shall meet at the |
25 | | call of the Sheriff for the purpose of naming a successor |
|
| | 10000SB0695sam002 | - 7 - | LRB100 06346 JWD 24768 a |
|
|
1 | | chairman or secretary whenever there is a vacancy in either of |
2 | | those offices, or to transact any other business before the |
3 | | Board.
|
4 | | (Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97; |
5 | | 90-655, eff.
7-30-98.)
|
6 | | (55 ILCS 5/3-7008) (from Ch. 34, par. 3-7008)
|
7 | | Sec. 3-7008. Appointments. The appointment of deputy |
8 | | sheriffs in the
Police Department, full-time deputy sheriffs |
9 | | not employed as county police
officers or county corrections |
10 | | officers and of employees in the Department
of Corrections |
11 | | shall be made from those applicants who have been certified
by |
12 | | the Board as being qualified for appointment. Certification for
|
13 | | appointment in one department shall not constitute |
14 | | certification for
appointment in another department. All |
15 | | persons so appointed shall, at the
time of their appointment, |
16 | | be not less than 21 years of age, or 20 years of
age and have |
17 | | successfully completed 2 years of law enforcement studies at
an |
18 | | accredited college or university. Any person appointed |
19 | | subsequent to
successful completion of 2 years of such law |
20 | | enforcement studies shall not
have power of arrest, nor shall |
21 | | he or she be permitted to carry firearms,
until he or she |
22 | | reaches 21 years of age. In addition,
all persons so appointed |
23 | | shall be not more than the maximum age limit fixed
by the Board |
24 | | from time to time, be of sound mind and body, be of good moral
|
25 | | character, be citizens of the United States, have not been |
|
| | 10000SB0695sam002 | - 8 - | LRB100 06346 JWD 24768 a |
|
|
1 | | convicted of a crime
which the Board considers to be |
2 | | detrimental to the applicant's ability to
carry out his or her |
3 | | duties, possess such prerequisites of training, education
and |
4 | | experience as the Board may from time to time prescribe, and |
5 | | shall be
required to pass successfully mental, physical, |
6 | | psychiatric and other tests
and examinations as may be |
7 | | prescribed by the Board. Preference shall be
given in such |
8 | | appointments to persons who have honorably served in the
|
9 | | military or naval services of the United States. Before |
10 | | entering upon his
or her duties, each deputy sheriff in the |
11 | | County Police Department shall
execute a good and sufficient |
12 | | bond, payable to the People of the State of
Illinois, in the |
13 | | penal sum of $1,000 and to the Sheriff of the County where
he |
14 | | or she is employed in the sum of $10,000, conditioned on the |
15 | | faithful
performance of his or her duties. All appointees shall |
16 | | serve a
probationary period of 12 months and during that period |
17 | | may be discharged
at the will of the Sheriff. However, civil |
18 | | service employees of the house
of correction who have certified |
19 | | status at the time of the transfer of the
house of correction |
20 | | to the County Department of Corrections are not subject
to this |
21 | | probationary period, and they shall retain their job titles, |
22 | | such
tenure privileges as are now enjoyed and any subsequent |
23 | | title changes shall
not cause reduction in rank or elimination |
24 | | of positions.
|
25 | | (Source: P.A. 86-962.)
|
|
| | 10000SB0695sam002 | - 9 - | LRB100 06346 JWD 24768 a |
|
|
1 | | (55 ILCS 5/3-7011) (from Ch. 34, par. 3-7011)
|
2 | | Sec. 3-7011. Disciplinary measures. In Cook County, the |
3 | | Sheriff, or his or her designee, is solely responsible for the |
4 | | adjudication of all disciplinary measures against a sworn |
5 | | officer when the maximum punishment for the violation alleged |
6 | | is the suspension of the sworn officer for a period not |
7 | | exceeding 90 days, subject to review under the provisions of |
8 | | the applicable collective bargaining agreement. Any allegation |
9 | | against a sworn officer which would result in suspension for a |
10 | | period of greater than 90 days shall be adjudicated as provided |
11 | | under Section 3-7012. |
12 | | Disciplinary measures
prescribed by the Board may be taken by |
13 | | the sheriff for the
punishment of infractions of the rules and |
14 | | regulations promulgated
by the Board. Such disciplinary |
15 | | measures may include suspension
of any deputy sheriff in the |
16 | | County Police Department, any
full-time deputy sheriff not |
17 | | employed as a county police officer
or county corrections |
18 | | officer and any employee in the County
Department of |
19 | | Corrections for a reasonable period, not exceeding
30 days, |
20 | | without complying with the provisions of Section 3-7012 hereof.
|
21 | | (Source: P.A. 86-962.)
|
22 | | (55 ILCS 5/3-7012) (from Ch. 34, par. 3-7012)
|
23 | | Sec. 3-7012. Removal, demotion or suspension. Except as is
|
24 | | otherwise provided in this Division, no deputy sheriff in
the |
25 | | County Police Department, no full-time deputy sheriff not |
|
| | 10000SB0695sam002 | - 10 - | LRB100 06346 JWD 24768 a |
|
|
1 | | employed
as a county police officer or county corrections |
2 | | officer and no employee in
the County Department of Corrections |
3 | | shall be removed, demoted or suspended
except for cause, upon |
4 | | written charges filed with the Board by the Sheriff
and a |
5 | | hearing before the Board , or a hearing officer designated by |
6 | | the Board, thereon upon not less than 10 days' notice
at a |
7 | | place to be designated by the chairman thereof. At such |
8 | | hearing, the
accused deputy sheriff shall be afforded full |
9 | | opportunity to be heard in
his or her own defense and to |
10 | | produce proof in his or her defense. The
Board , or a hearing |
11 | | officer designated by the Board, shall have the power to secure |
12 | | by its subpoena both the attendance
and testimony of witnesses |
13 | | and the production of books and papers in
support of the |
14 | | charges and for the defense. The fees of witnesses for
|
15 | | attendance and travel shall be the same as the fees of |
16 | | witnesses before the
circuit courts of this State, and shall be |
17 | | paid in the same manner as other
expenses of the Board. Each |
18 | | member of the Board , and hearing officers designated by the |
19 | | Board, shall have the power to
administer oaths or |
20 | | affirmations. If the charges against an accused deputy
sheriff |
21 | | are established by a preponderance of evidence, the Board , or a |
22 | | hearing officer designated by the Board, shall
make a finding |
23 | | of guilty and order either removal, demotion, suspension for
a |
24 | | period of not more than 180 days, or such other disciplinary |
25 | | punishment
as may be prescribed by the rules and regulations of |
26 | | the Board which, in
the opinion of the members thereof, the |
|
| | 10000SB0695sam002 | - 11 - | LRB100 06346 JWD 24768 a |
|
|
1 | | offense merits. Thereupon the
sheriff shall direct such removal |
2 | | or other punishment as ordered by the
Board and if the accused |
3 | | deputy sheriff refuses to abide by any such
disciplinary order, |
4 | | the sheriff shall remove him or her forthwith.
|
5 | | In case of the neglect or refusal of any person to obey a |
6 | | subpoena
issued by the Board, or a hearing officer designated |
7 | | by the Board, any circuit court or a judge thereof, upon |
8 | | application
of any member of the Board, or a designated hearing |
9 | | officer, may order such person to appear before the
Board and |
10 | | give testimony or produce evidence, and any failure to obey |
11 | | such
order is punishable by the court as a contempt thereof.
|
12 | | The provisions of the Administrative Review Law,
and all |
13 | | amendments and modifications thereof, and the rules adopted
|
14 | | pursuant thereto, shall apply to and govern all proceedings for |
15 | | the
judicial review of any order of the Board rendered pursuant |
16 | | to the
provisions of this Section.
|
17 | | (Source: P.A. 86-962.)
|
18 | | (55 ILCS 5/3-7018 new) |
19 | | Sec. 3-7018. Annual reports. On January 31, 2019, and on |
20 | | January 31 of each year thereafter, the Board shall publish an |
21 | | annual report, which shall be available on the website of the |
22 | | Cook County Sheriff. The annual report of the Board shall |
23 | | contain a summary of hiring and promotions of the preceding |
24 | | year, together with a summary of the Board's disciplinary |
25 | | proceedings of the preceding year.
|