Illinois Compiled Statutes 110 ILCS 70/36o – Demotion, removal, and discharge
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(a) After the completion of his or her probationary period, no employee shall be demoted, removed or discharged except for just cause, upon written charges, and after an opportunity to be heard in his or her own defense if he or she makes a written request for a hearing to the Merit Board within 15 days after the serving of the written charges upon him or her.
(b) Upon the filing of such a request for a hearing, the Merit Board shall grant such hearing by a hearing board or hearing officer appointed by the Merit Board to commence within 45 days from the date of the service of the demotion, removal, or discharge notice, which may be continued from time to time. The hearing board or hearing officer shall make and render findings of facts on the charges and transmit to the Merit Board a transcript of the evidence along with the hearing board’s or hearing officer’s findings of fact. The findings of the hearing board or hearing officer when approved by the Merit Board shall be certified to the parties.
(c) If cause for demotion, removal, or discharge is found, the employee shall be immediately demoted, removed, or discharged from the service. If cause is not found, the employee shall forthwith be reassigned to perform the duties of a position in his or her classification without loss of compensation.
(d) In the course of the hearing, the Executive Director of the Merit Board shall have power to administer oaths and to secure by subpoena the attendance and testimony of witnesses and the production of books and papers relevant to the inquiry.
(e) The provisions of the Administrative Review Law and all amendments and modification thereof, and the rules adopted pursuant thereto, shall apply to and govern all proceedings for the judicial review of final administrative decisions of the Merit Board hereby created. The term “administrative decision” is defined as in Section 3-101 of the Code of Civil Procedure.
(b) Upon the filing of such a request for a hearing, the Merit Board shall grant such hearing by a hearing board or hearing officer appointed by the Merit Board to commence within 45 days from the date of the service of the demotion, removal, or discharge notice, which may be continued from time to time. The hearing board or hearing officer shall make and render findings of facts on the charges and transmit to the Merit Board a transcript of the evidence along with the hearing board’s or hearing officer’s findings of fact. The findings of the hearing board or hearing officer when approved by the Merit Board shall be certified to the parties.
Terms Used In Illinois Compiled Statutes 110 ILCS 70/36o
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(c) If cause for demotion, removal, or discharge is found, the employee shall be immediately demoted, removed, or discharged from the service. If cause is not found, the employee shall forthwith be reassigned to perform the duties of a position in his or her classification without loss of compensation.
(d) In the course of the hearing, the Executive Director of the Merit Board shall have power to administer oaths and to secure by subpoena the attendance and testimony of witnesses and the production of books and papers relevant to the inquiry.
(e) The provisions of the Administrative Review Law and all amendments and modification thereof, and the rules adopted pursuant thereto, shall apply to and govern all proceedings for the judicial review of final administrative decisions of the Merit Board hereby created. The term “administrative decision” is defined as in Section 3-101 of the Code of Civil Procedure.