55 ILCS 5/3-8014
2021 Illinois Compiled Statutes|Chapter 55 - COUNTIES|55 ILCS 5/ - Counties Code.|Article 3 - Officers And Employees

 (from Ch. 34, par. 3-8014)Sec. 3-8014. Removal, demotion or suspension. Except as is otherwise  provided in this Division, no certified person shall be removed, demoted or  suspended except for cause, upon written charges filed with the Merit  Commission by the sheriff.  Upon the filing of such a petition, the sheriff  may suspend the certified person pending the decision of the Commission on  the charges.  After the charges have been heard, the Commission may direct  that the person receive his  pay for any part or all of this suspension  period, if any.The charges shall be heard by the Commission upon not less  than 14 days' certified notice.  At such hearing, the accused certified  person shall be afforded full opportunity to be represented by  counsel, to be heard in his  own defense and to produce proof  in his  defense.  Both the Commission and the sheriff may be  represented by counsel.  The State's Attorney of the applicable  county may advise either the Commission or the sheriff.  The  other party may engage private counsel to advise it.The Commission 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.  Each member of the Commission shall have  the power to administer oaths.If the charges against an accused person are established  by the preponderance of evidence, the Commission shall  make a finding of guilty and order either removal, demotion, loss  of seniority, 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 Commission which, in the opinion  of the members thereof, the offense justifies.  If the charges against  an accused person are not established by the preponderance of  evidence, the Commission shall make a finding of not guilty and  shall order that the person be reinstated and be paid his   compensation for the suspension period, if any, while awaiting  the hearing.  The sheriff shall take such action as may be ordered  by the Commission. However, on and after June 1, 2007, in any sheriff's office with a collective bargaining agreement covering the employment of department personnel, such disciplinary measures and the method of review of those measures shall be 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.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  Commission rendered pursuant to this Section. The plaintiff shall pay the  reasonable cost of preparing and certifying the record for judicial review.  However, if the plaintiff prevails in the  judicial review proceeding, the  court shall award to the plaintiff a sum equal to the costs paid by the  plaintiff to have the record for judicial review prepared and certified.       (Source: P.A. 95-136, eff. 1-1-08.)