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

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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-Chaptered.html

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Public Act 100-0912
HB5303 Enrolled LRB100 18947 AWJ 34197 b
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 3-7002, 3-7004, 3-7008, 3-7011, and 3-7012 as follows:
(55 ILCS 5/3-7002) (from Ch. 34, par. 3-7002)
Sec. 3-7002. Cook County Sheriff's Merit Board. There is
created the Cook County Sheriff's Merit Board, hereinafter
called the Board, consisting of not less than 3 and not more
than 7 members appointed by the Sheriff with the advice and
consent of three-fifths of the county board, except that the
Sheriff may appoint 2 additional members, with the advice and
consent of three-fifths 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
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.
Notwithstanding any provision in this Section to the
contrary, the term of office of each member of the Board is
abolished on the effective date of this amendatory Act of the
100th General Assembly. Of the 7 members first appointed after
the effective date of this Act of the 100th General Assembly, 2
shall serve until the third Monday in March 2019, 2 shall serve
until the third Monday in March 2021, and 3 members shall serve
until the third Monday in March 2023. The terms of the 2
additional members first appointed after the effective date of
this Act of the 100th General Assembly shall be staggered
consistently with the terms of the other Board members.
Successors or reappointments shall be appointed to hold office
from the third Monday in March of the year of their respective
appointments for a term ending on the third Monday in March of
6 years following the preceding term expiration. Each member of

the Board shall hold office until his or her successor is
appointed and qualified or the member is reappointed. In all
appointments, the county board has the power to approve terms
to ensure the Board fulfills its mandate.
In the case of a vacancy in the office of a member prior to
the conclusion of the member's term, the Sheriff shall, with
the advice and consent of three-fifths of the county board,
appoint a person to serve for the remainder of the unexpired
term.
No more than one-half plus one of the 3 members of the
Board shall be affiliated with the same political party.
Political affiliation is determined, for purposes of this
Section, as the political affiliation an appointed member has
or does not have at the time the appointment is approved by the
county board and shall continue to be so determined until the
member discontinues serving on the Board , except that as
additional members are appointed by the Sheriff, 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.
(Source: P.A. 100-562, eff. 12-8-17.)
(55 ILCS 5/3-7004) (from Ch. 34, par. 3-7004)

Sec. 3-7004. Clerical and technical staff assistants and
hearing officers. The Board is authorized to employ such
clerical and technical staff assistants as may be necessary to
enable the Board to transact its business and to fix their
compensation. The Board is authorized to employ hearing
officers to conduct hearings under Section 3-7012. Hearing
officers employed by the Board shall be qualified to hold the
position as determined by the Board. Hearing officers shall be
attorneys licensed to practice law in this State.
(Source: P.A. 86-962.)
(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.
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

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

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. 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 and any other
discipline that does not constitute termination or demotion 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
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 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 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 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 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 offense merits. The
Board shall render its decision no later than 120 days
following the conclusion of any hearings conducted under 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. On and after
June 1, 2018, for an appointed officer rank subject to hearing
under this Section that is covered by a collective bargaining
agreement, disciplinary measures and the method of review of
those measures are subject to mandatory bargaining, including,
but not limited to, the use of impartial arbitration as an
alternative or supplemental form of due process and any of the
procedures laid out in 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

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.
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 5/3-7007 rep.)
Section 10. The Counties Code is amended by repealing
Section 3-7007.