Bill Text: IL HB5303 | 2017-2018 | 100th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Cook County Sheriff's Merit Board Division of the Counties Code. Limits provisions regarding disciplinary measures prescribed by the Cook County Sheriff's Merit Board that may be taken by the sheriff to termination (rather than any disciplinary measures not exceeding 30 days). Provides that all disciplinary measures other than termination must be taken in accordance with any applicable collective bargaining agreement and provisions of the Code concerning removal, demotion, or suspension. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Passed) 2018-08-17 - Public Act . . . . . . . . . 100-0912 [HB5303 Detail]

Download: Illinois-2017-HB5303-Engrossed.html

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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Sections 3-7011 and 3-7012 and by adding Section 3-7018 as
follows:
(55 ILCS 5/3-7011) (from Ch. 34, par. 3-7011)
Sec. 3-7011. Disciplinary measures. 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 for all discipline less than termination , 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

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County Police Department, no full-time deputy sheriff not
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

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the Board which, in the opinion of the members thereof, the
offense merits. The Board shall render its decision no later
than 90 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 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 hearing officer
designated by 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.
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. Collective bargaining. Nothing in this
Division shall be used to supplant or undermine existing

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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.
Section 99. Effective date. This Act takes effect upon
becoming law.