Sen. Bill Cunningham
Filed: 5/17/2018
 
 


 




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1
AMENDMENT TO HOUSE BILL 5303




2 AMENDMENT NO. ______. Amend House Bill 5303 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Counties Code is amended by changing 
5Sections 3-7002, 3-7004, 3-7008, 3-7011, and 3-7012 as follows:




6 (55 ILCS 5/3-7002) (from Ch. 34, par. 3-7002)



7 Sec. 3-7002. Cook County Sheriff's Merit Board. There is 
8created the
Cook County Sheriff's Merit Board, hereinafter 
9called the Board, consisting
of not less than 3 and not more 
10than 7 members appointed by the Sheriff with the advice and 
11consent of
three-fifths of the county
board, except that the 
12Sheriff may appoint 2 additional members, with the advice and

13consent of three-fifths of the county board, at his or her 
14discretion. Of the members first
appointed, one shall serve 
15until the third Monday in March, 1965 one until the
third 
16Monday in March, 1967, and one until the third Monday in March, 
 
 
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11969. Of
the 2 additional members first appointed under 
2authority of this amendatory Act
of 1991, one shall serve until 
3the third Monday in March, 1995, and one until
the third Monday 
4in March, 1997.
Of the 2 additional members first appointed 
5under the authority of this
amendatory Act of
the 91st General 
6Assembly, one shall serve until the third Monday in March,
2005 
7and
one shall serve until the third Monday in March, 2006.

8 Upon the expiration of the terms of office of those first 
9appointed
(including the 2 additional members first appointed 
10under authority of
this amendatory Act of 1991 and under the 
11authority of this amendatory Act of
the
91st General Assembly), 
12their respective successors shall be
appointed to hold office 
13from the third Monday in March of the year of
their respective 
14appointments for a term of 6 years and until their
successors 
15are appointed and qualified for a like term. As additional

16members are appointed under authority of this amendatory Act of 
171997, their
terms shall be set to be staggered consistently 
18with the terms of the existing
Board members.
19 Notwithstanding any provision in this Section to the 
20contrary, the term of office of each member of the Board is 
21abolished on the effective date of this amendatory Act of the 
22100th General Assembly. Of the 7 members first appointed after 
23the effective date of this Act of the 100th General Assembly, 2 
24shall serve until the third Monday in March 2019, 2 shall serve 
25until the third Monday in March 2021, and 3 members shall serve 
26until the third Monday in March 2023. The terms of the 2 
 
 
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1additional members first appointed after the effective date of 
2this Act of the 100th General Assembly shall be staggered 
3consistently with the terms of the other Board members. 
4Successors or reappointments shall be appointed to hold office 
5from the third Monday in March of the year of their respective 
6appointments for a term ending on the third Monday in March of 
76 years following the preceding term expiration. Each member of 
8the Board shall hold office until his or her successor is 
9appointed and qualified or the member is reappointed. In all 
10appointments, the county board has the power to approve terms 
11to ensure the Board fulfills its mandate. 
12 In the case of a vacancy in the office of a member prior to 
13the conclusion of the member's term, the Sheriff shall, with 
14the advice and consent of three-fifths of the county board, 
15appoint a person to serve for the remainder of the unexpired 
16term. 
17 No more than one-half plus one of the 3
members of the 
18Board shall be affiliated with the same political party. 
19Political affiliation is determined, for purposes of this 
20Section, as the political affiliation an appointed member has 
21or does not have at the time the appointment is approved by the 
22county board and shall continue to be so determined until the 
23member discontinues serving on the Board ,
except that as 
24additional members are appointed by the Sheriff, the political 
25affiliation of the Board shall be
such that no more than 
26one-half of the members plus one additional member may
be 
 
 
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1affiliated with the same political party. No member shall have 
2held or have
been a candidate for an elective public office 
3within one year preceding his or
her appointment.

4 The Sheriff may deputize members of the Board.

5(Source: P.A. 100-562, eff. 12-8-17.)





6 (55 ILCS 5/3-7004) (from Ch. 34, par. 3-7004)



7 Sec. 3-7004. Clerical and technical staff assistants and 
8hearing officers. The Board is
authorized to employ such 
9clerical and technical staff assistants as may be
necessary to 
10enable the Board to transact its business and to fix their

11compensation. The Board is authorized to employ hearing 
12officers to conduct hearings under Section 3-7012. Hearing 
13officers employed by the Board shall be qualified to hold the 
14position as determined by the Board. Hearing officers shall be 
15attorneys licensed to practice law in this State. 

16(Source: P.A. 86-962.)





17 (55 ILCS 5/3-7008) (from Ch. 34, par. 3-7008)



18 Sec. 3-7008. Appointments. The appointment of deputy 
19sheriffs in the
Police Department, full-time deputy sheriffs 
20not employed as county police
officers or county corrections 
21officers and of employees in the Department
of Corrections 
22shall be made from those applicants who have been certified
by 
23the Board as being qualified for appointment. Certification for

24appointment in one department shall not constitute 
 
 
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1certification for
appointment in another department. 
2Certification may be made at any point prior to appointment and 
3may be made in conjunction with the Sheriff's application 
4process. All persons so appointed shall, at the
time of their 
5appointment, be not less than 21 years of age, or 20 years of

6age and have successfully completed 2 years of law enforcement 
7studies at
an accredited college or university. Any person 
8appointed subsequent to
successful completion of 2 years of 
9such law enforcement studies shall not
have power of arrest, 
10nor shall he or she be permitted to carry firearms,
until he or 
11she reaches 21 years of age. In addition,
all persons so 
12appointed shall be not more than the maximum age limit fixed
by 
13the Board from time to time, be of sound mind and body, be of 
14good moral
character, be citizens of the United States, have 
15not been convicted of a crime
which the Board considers to be 
16detrimental to the applicant's ability to
carry out his or her 
17duties, possess such prerequisites of training, education
and 
18experience as the Board may from time to time prescribe, and 
19shall be
required to pass successfully mental, physical, 
20psychiatric and other tests
and examinations as may be 
21prescribed by the Board. Preference shall be
given in such 
22appointments to persons who have honorably served in the

23military or naval services of the United States. Before 
24entering upon his
or her duties, each deputy sheriff in the 
25County Police Department shall
execute a good and sufficient 
26bond, payable to the People of the State of
Illinois, in the 
 
 
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1penal sum of $1,000 and to the Sheriff of the County where
he 
2or she is employed in the sum of $10,000, conditioned on the 
3faithful
performance of his or her duties. All appointees shall 
4serve a
probationary period of 12 months and during that period 
5may be discharged
at the will of the Sheriff. However, civil 
6service employees of the house
of correction who have certified 
7status at the time of the transfer of the
house of correction 
8to the County Department of Corrections are not subject
to this 
9probationary period, and they shall retain their job titles, 
10such
tenure privileges as are now enjoyed and any subsequent 
11title changes shall
not cause reduction in rank or elimination 
12of positions.

13(Source: P.A. 86-962.)





14 (55 ILCS 5/3-7011) (from Ch. 34, par. 3-7011)



15 Sec. 3-7011. Disciplinary measures. Disciplinary measures

16prescribed by the Board may be taken by the sheriff for the

17punishment of infractions of the rules and regulations 
18promulgated
by the Board. Such disciplinary measures may 
19include suspension
of any deputy sheriff in the County Police 
20Department, any
full-time deputy sheriff not employed as a 
21county police officer
or county corrections officer and any 
22employee in the County
Department of Corrections and any other 
23discipline that does not constitute termination or demotion for 
24a reasonable period, not exceeding
30 days, without complying 
25with the provisions of Section 3-7012 hereof.

 
 
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1(Source: P.A. 86-962.)





2 (55 ILCS 5/3-7012) (from Ch. 34, par. 3-7012)



3 Sec. 3-7012. Removal, demotion or suspension. Except as is

4otherwise provided in this Division, no deputy sheriff in
the 
5County Police Department, no full-time deputy sheriff not 
6employed
as a county police officer or county corrections 
7officer and no employee in
the County Department of Corrections 
8shall be removed, demoted or suspended
except for cause, upon 
9written charges filed with the Board by the Sheriff
and a 
10hearing before the Board thereon upon not less than 10 days' 
11notice
at a place to be designated by the chairman thereof. At 
12such hearing, the
accused deputy sheriff shall be afforded full 
13opportunity to be heard in
his or her own defense and to 
14produce proof in his or her defense. The
Board shall have the 
15power to secure by its subpoena both the attendance
and 
16testimony of witnesses and the production of books and papers 
17in
support of the charges and for the defense. The fees of 
18witnesses for
attendance and travel shall be the same as the 
19fees of witnesses before the
circuit courts of this State, and 
20shall be paid in the same manner as other
expenses of the 
21Board. Each member of the Board shall have the power to

22administer oaths or affirmations. If the charges against an 
23accused deputy
sheriff are established by a preponderance of 
24evidence, the Board shall
make a finding of guilty and order 
25either removal, demotion, suspension for
a period of not more 
 
 
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1than 180 days, or such other disciplinary punishment
as may be 
2prescribed by the rules and regulations of the Board which, in

3the opinion of the members thereof, the offense merits. The 
4Board shall render its decision no later than 120 days 
5following the conclusion of any hearings conducted under this 
6Section. Thereupon the
sheriff shall direct such removal or 
7other punishment as ordered by the
Board and if the accused 
8deputy sheriff refuses to abide by any such
disciplinary order, 
9the sheriff shall remove him or her forthwith. On and after 
10June 1, 2018, for an appointed officer rank subject to hearing 
11under this Section that is covered by a collective bargaining 
12agreement, disciplinary measures and the method of review of 
13those measures are subject to mandatory bargaining, including, 
14but not limited to, the use of impartial arbitration as an 
15alternative or supplemental form of due process and any of the 
16procedures laid out in this Section.
17 Within 21 days after the conclusion of a hearing overseen 
18by a hearing officer appointed under Section 3-7004, the 
19hearing officer shall issue a recommended order in writing, 
20which shall include findings of fact and a determination of 
21whether cause for discipline has been established by the 
22Sheriff. The hearing officer shall also recommend whether 
23discipline should be imposed and the level of the discipline. 
24Any hearing officer may issue the recommended order. Within 21 
25days after receipt of service of the recommended order, the 
26Sheriff and the respondent may file with the board written 
 
 
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1exceptions to any part of the order. Exceptions shall be 
2supported by argument and served on all parties at the time 
3they are filed. If no exceptions are filed, the recommended 
4order shall become the order of the board without further 
5review. The board may set any further rules in accordance with 
6this Section. 

7 In case of the neglect or refusal of any person to obey a 
8subpoena
issued by the Board, any circuit court or a judge 
9thereof, upon application
of any member of the Board, may order 
10such person to appear before the
Board and give testimony or 
11produce evidence, and any failure to obey such
order is 
12punishable by the court as a contempt thereof.

13 The provisions of the Administrative Review Law,
and all 
14amendments and modifications thereof, and the rules adopted

15pursuant thereto, shall apply to and govern all proceedings for 
16the
judicial review of any order of the Board rendered pursuant 
17to the
provisions of this Section.

18(Source: P.A. 86-962.)



19 (55 ILCS 5/3-7007 rep.)
20 Section 10. The Counties Code is amended by repealing 
21Section 3-7007.

22 Section 99. Effective date. This Act takes effect upon 
23becoming law.".