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


Bill Title: Amends the Cook County Sheriff's Merit Board Division of the Counties Code. Abolishes the current Cook County Sheriff's Merit Board. Creates the Cook County Sheriff's Merit Board to exercise all functions of the former Merit Board. Provides for the functions and operation of the Cook County Sheriff's Merit Board, including appointment, composition, powers, responsibilities, and rulemaking. Provides that the Sheriff of Cook County is solely responsible for the adjudication of all disciplinary measures against a sworn officer when the recommended punishment for the violation alleged is the suspension of the sworn officer for a period not exceeding 30 days. Effective January 1, 2018.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2017-05-31 - Rule 19(a) / Re-referred to Rules Committee [SB0695 Detail]

Download: Illinois-2017-SB0695-Engrossed.html



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1 AN ACT concerning law enforcement.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing
5Sections 3-7002, 3-7003, 3-7005, 3-7008, 3-7011, and 3-7012 and
6adding 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
10under subsection (b) of Section 3-7002.
11 "Sheriff" means the Sheriff of Cook County.
12 "Sworn officer" means a deputy sheriff, deputy sergeant,
13deputy lieutenant, corrections officer, corrections sergeant,
14corrections lieutenant, police officer, police sergeant,
15police lieutenant, or any other person hired or promoted by the
16Sheriff and earning the relevant sworn merit rank.
17 (55 ILCS 5/3-7002) (from Ch. 34, par. 3-7002)
18 Sec. 3-7002. Cook County Sheriff's Merit Board.
19 (a) On the effective date of this amendatory Act of 100th
20General Assembly, the terms of all members of the Board created
21under this subsection (a) are ended and the Board created under
22this subsection (a) is abolished. There is created the Cook

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1County Sheriff's Merit Board, hereinafter called the Board,
2consisting of 7 members appointed by the Sheriff with the
3advice and consent of the county board, except that on and
4after the effective date of this amendatory Act of 1997, the
5Sheriff may appoint 2 additional members, with the advice and
6consent of the county board, at his or her discretion. Of the
7members first appointed, one shall serve until the third Monday
8in March, 1965 one until the third Monday in March, 1967, and
9one until the third Monday in March, 1969. Of the 2 additional
10members first appointed under authority of this amendatory Act
11of 1991, one shall serve until the third Monday in March, 1995,
12and one until the third Monday in March, 1997. Of the 2
13additional members first appointed under the authority of this
14amendatory Act of the 91st General Assembly, one shall serve
15until the third Monday in March, 2005 and one shall serve until
16the third Monday in March, 2006.
17 Upon the expiration of the terms of office of those first
18appointed (including the 2 additional members first appointed
19under authority of this amendatory Act of 1991 and under the
20authority of this amendatory Act of the 91st General Assembly),
21their respective successors shall be appointed to hold office
22from the third Monday in March of the year of their respective
23appointments for a term of 6 years and until their successors
24are appointed and qualified for a like term. As additional
25members are appointed under authority of this amendatory Act of
261997, their terms shall be set to be staggered consistently

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1with the terms of the existing Board members. No more than 3
2members of the Board shall be affiliated with the same
3political party, except that as additional members are
4appointed by the Sheriff under authority of this amendatory Act
5of 1997 and under the authority of this amendatory Act of the
691st General Assembly, the political affiliation of the Board
7shall be such that no more than one-half of the members plus
8one additional member may be affiliated with the same political
9party. No member shall have held or have been a candidate for
10an elective public office within one year preceding his or her
11appointment.
12 The Sheriff may deputize members of the Board.
13 (b) On the effective date of this amendatory Act of the
14100th General Assembly, there is created the Cook County
15Sheriff's Merit Board, consisting of 5 members appointed by the
16Sheriff with the advice and consent of the county board who
17should have the following qualifications: one member who is an
18employee or agent representing the interests of labor unions;
19one member who is or was employed by a law enforcement agency
20and was responsible for investigating disciplinary cases; one
21member who is or was engaged in academic research relating to
22criminal justice at an institution of higher learning; one
23member who is or was affiliated with a not-for-profit prison
24reform entity; and one member who is or was involved with a
25not-for-profit community or civic organization. Of the members
26initially appointed to the Board, 2 shall serve until the first

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1Monday in March of 2019, one shall serve until the first Monday
2in March of 2020, one shall serve until the first Monday in
3March of 2021, and one shall serve until the first Monday in
4March of 2022, thereafter all members shall be appointed for
5terms of 4 years. Members shall serve until their successors
6are appointed and qualified. Whenever a vacancy in the office
7of member shall occur, the Sheriff shall, with the advice and
8consent of the county board, appoint a person to serve for the
9remainder of the unexpired term. No more than 3 members of the
10Board shall be affiliated with the same political party.
11 It is the intent of the General Assembly that the Cook
12County Sheriff's Merit Board created under this subsection (b)
13shall act as the successor agency to the former Merit Board
14created under subsection (a) of this Section for purposes of
15the former Merit Board's responsibilities.
16 The Cook County Sheriff's Merit Board shall inherit and
17subsume all written charges filed before the former Merit Board
18created under subsection (a) of this Section and all decisions
19and actions of the former Merit Board made pursuant to Sections
203-7006, 3-7007, 3-7008, 3-7009, 3-7010, or 3-7012 and prior to
21the effective date of this amendatory Act of the 100th General
22Assembly and may preside over, amend, correct, or defend these
23decisions and actions as required or permitted by law.
24 The Cook County Sheriff's Merit Board shall ensure that all
25applicable federal and State laws are followed and enforced.
26The Cook County Sheriff's Merit Board shall ensure that the

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1hiring and promotional practices of sworn officers by the
2Sheriff's Office reflect the diverse demographics of Cook
3County and that those priorities give preference to honorably
4discharged veterans of the Armed Forces of the United States of
5America.
6(Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97;
790-655, eff. 7-30-98; 91-722, eff. 6-2-00.)
8 (55 ILCS 5/3-7003) (from Ch. 34, par. 3-7003)
9 Sec. 3-7003. Compensation and expenses of board members.
10Each member of the Board shall receive compensation or a
11stipend as determined by the county board; the county board may
12provide additional compensation for service as chairman or
13secretary. Each member shall be reimbursed for expenses
14necessarily incurred in discharging the duties of his or her
15office. Such compensation and reimbursement shall be paid by
16the county; no other fringe or pension benefits shall be
17provided. Each member of the Board shall receive compensation
18for each day during which he is engaged in transacting the
19business of the Board and, in addition thereto, his actual
20traveling and other expenses necessarily incurred in
21discharging the duties of his office. No member of the Board
22shall receive compensation of more than $25,000 in any fiscal
23year, except that the Chairman shall receive compensation of no
24more than $30,000 in any fiscal year. Such compensation
25expenses shall be paid by the county.

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1(Source: P.A. 91-722, eff. 6-2-00.)
2 (55 ILCS 5/3-7005) (from Ch. 34, par. 3-7005)
3 Sec. 3-7005. Meetings.
4 As soon as practicable after the members of the Board have
5been appointed, they shall meet, upon the call of the Sheriff,
6and shall organize by selecting a chairman and a secretary. The
7initial chairman and secretary, and their successors, shall be
8selected by the Board from among its members for a term of 2
9years or for the remainder of their term of office as a member
10of the Board, whichever is the shorter. Three Two members of
11the Board shall constitute a quorum for the transaction of
12business, except that as additional members are appointed under
13authority of this amendatory Act of 1997, the number of members
14that must be present to constitute a quorum shall be the number
15of members that constitute at least 40% of the Board. The Board
16shall hold regular quarterly meetings and such other meetings
17as may be called by the chairman. The Board shall meet at the
18call of the Sheriff for the purpose of naming a successor
19chairman or secretary whenever there is a vacancy in either of
20those offices, or to transact any other business before the
21Board.
22(Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97;
2390-655, eff. 7-30-98.)
24 (55 ILCS 5/3-7008) (from Ch. 34, par. 3-7008)

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1 Sec. 3-7008. Appointments. The appointment of deputy
2sheriffs in the Police Department, full-time deputy sheriffs
3not employed as county police officers or county corrections
4officers and of employees in the Department of Corrections
5shall be made from those applicants who have been certified by
6the Board as being qualified for appointment. Certification for
7appointment in one department shall not constitute
8certification for appointment in another department. All
9persons so appointed shall, at the time of their appointment,
10be not less than 21 years of age, or 20 years of age and have
11successfully completed 2 years of law enforcement studies at an
12accredited college or university. Any person appointed
13subsequent to successful completion of 2 years of such law
14enforcement studies shall not have power of arrest, nor shall
15he or she be permitted to carry firearms, until he or she
16reaches 21 years of age. In addition, all persons so appointed
17shall be not more than the maximum age limit fixed by the Board
18from time to time, be of sound mind and body, be of good moral
19character, be citizens of the United States, have not been
20convicted of a crime which the Board considers to be
21detrimental to the applicant's ability to carry out his or her
22duties, possess such prerequisites of training, education and
23experience as the Board may from time to time prescribe, and
24shall be required to pass successfully mental, physical,
25psychiatric and other tests and examinations as may be
26prescribed by the Board. Preference shall be given in such

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1appointments to persons who have honorably served in the
2military or naval services of the United States. Before
3entering upon his or her duties, each deputy sheriff in the
4County Police Department shall execute a good and sufficient
5bond, payable to the People of the State of Illinois, in the
6penal sum of $1,000 and to the Sheriff of the County where he
7or she is employed in the sum of $10,000, conditioned on the
8faithful performance of his or her duties. All appointees shall
9serve a probationary period of 12 months and during that period
10may be discharged at the will of the Sheriff. However, civil
11service employees of the house of correction who have certified
12status at the time of the transfer of the house of correction
13to the County Department of Corrections are not subject to this
14probationary period, and they shall retain their job titles,
15such tenure privileges as are now enjoyed and any subsequent
16title changes shall not cause reduction in rank or elimination
17of positions.
18(Source: P.A. 86-962.)
19 (55 ILCS 5/3-7011) (from Ch. 34, par. 3-7011)
20 Sec. 3-7011. Disciplinary measures. In Cook County, the
21Sheriff, or his or her designee, is solely responsible for the
22issuance of all disciplinary measures against a sworn officer
23when the maximum punishment for the violation alleged is the
24suspension of the sworn officer for a period not exceeding 90
25days, subject to review under the provisions of the applicable

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1collective bargaining agreement. Any allegation against a
2sworn officer which would result in suspension for a period of
3greater than 90 days shall be adjudicated as provided under
4Section 3-7012.
5Disciplinary measures prescribed by the Board may be taken by
6the sheriff for the punishment of infractions of the rules and
7regulations promulgated by the Board. Such disciplinary
8measures may include suspension of any deputy sheriff in the
9County Police Department, any full-time deputy sheriff not
10employed as a county police officer or county corrections
11officer and any employee in the County Department of
12Corrections for a reasonable period, not exceeding 30 days,
13without complying with the provisions of Section 3-7012 hereof.
14(Source: P.A. 86-962.)
15 (55 ILCS 5/3-7012) (from Ch. 34, par. 3-7012)
16 Sec. 3-7012. Removal, demotion or suspension. Except as is
17otherwise provided in this Division, no deputy sheriff in the
18County Police Department, no full-time deputy sheriff not
19employed as a county police officer or county corrections
20officer and no employee in the County Department of Corrections
21shall be removed, demoted or suspended except for cause, upon
22written charges filed with the Board by the Sheriff and a
23hearing before the Board, or a hearing officer designated by
24the Board, thereon upon not less than 10 days' notice at a
25place to be designated by the chairman thereof. At such

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1hearing, the accused deputy sheriff shall be afforded full
2opportunity to be heard in his or her own defense and to
3produce proof in his or her defense. The Board, or a hearing
4officer designated by the Board, shall have the power to secure
5by its subpoena both the attendance and testimony of witnesses
6and the production of books and papers in support of the
7charges and for the defense. The fees of witnesses for
8attendance and travel shall be the same as the fees of
9witnesses before the circuit courts of this State, and shall be
10paid in the same manner as other expenses of the Board. Each
11member of the Board, and hearing officers designated by the
12Board, shall have the power to administer oaths or
13affirmations. If the charges against an accused deputy sheriff
14are established by a preponderance of evidence, the Board, or a
15hearing officer designated by the Board, shall make a finding
16of guilty and order either removal, demotion, suspension for a
17period of not more than 180 days, or such other disciplinary
18punishment as may be prescribed by the rules and regulations of
19the Board which, in the opinion of the members thereof, the
20offense merits. Thereupon the sheriff shall direct such removal
21or other punishment as ordered by the Board and if the accused
22deputy sheriff refuses to abide by any such disciplinary order,
23the sheriff shall remove him or her forthwith.
24 In case of the neglect or refusal of any person to obey a
25subpoena issued by the Board, or a hearing officer designated
26by the Board, any circuit court or a judge thereof, upon

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1application of any member of the Board, or a designated hearing
2officer, may order such person to appear before the Board and
3give testimony or produce evidence, and any failure to obey
4such order is punishable by the court as a contempt thereof.
5 The Board shall, except for good cause shown and set forth
6on the record, render its decision within 90 days following the
7conclusion of any hearing conducted under the provisions of
8this Section.
9 The provisions of the Administrative Review Law, and all
10amendments and modifications thereof, and the rules adopted
11pursuant thereto, shall apply to and govern all proceedings for
12the judicial review of any order of the Board rendered pursuant
13to the provisions of this Section.
14(Source: P.A. 86-962.)
15 (55 ILCS 5/3-7018 new)
16 Sec. 3-7018. Annual reports. On January 31, 2019, and on
17January 31 of each year thereafter, the Board shall publish an
18annual report, which shall be available on the website of the
19Cook County Sheriff. The annual report of the Board shall
20contain a summary of hiring and promotions of the preceding
21year, together with a summary of the Board's disciplinary
22proceedings of the preceding year.
23 (55 ILCS 5/3-7007 rep.)
24 Section 10. The Counties Code is amended by repealing

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1Section 3-7007.
2 Section 99. Effective date. This Act takes effect December
31, 2017.
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