2023 Illinois Compiled Statutes › Chapter 50 - LOCAL GOVERNMENT › 50 ILCS 745/ - Firemen's Disciplinary Act.

(50 ILCS 745/1) (from Ch. 85, par. 2501)
Sec. 1. 
		
		This Act shall be known and may be cited as the "Firemen's
Disciplinary Act".
(Source: P.A. 83-783.)
(50 ILCS 745/2) (from Ch. 85, par. 2502)
Sec. 2. Definitions. For the purposes of this Act, unless clearly required otherwise,
the terms defined in this Section have the meaning ascribed herein:
(a) "Fireman" means a person who is a "firefighter" or "fireman" as defined
in Sections 4-106 or 6-106 of the Illinois Pension Code, a paramedic employed by a unit of local government, or an EMT, emergency medical technician-intermediate (EMT-I), or advanced emergency medical technician (A-EMT) employed by a unit of local government, and includes a person
who is an "employee" as defined in Section 15-107 of the Illinois Pension Code
and whose primary duties relate to firefighting.
(b) "Informal inquiry" means a meeting by supervisory or command personnel
with a fireman upon whom an allegation of misconduct has come to the attention
of such supervisory or command personnel, the purpose of which meeting is
to mediate a citizen complaint or discuss the facts to determine whether
a formal investigation should be commenced.
(c) "Formal investigation" means the process of investigation ordered
by a commanding officer during which the questioning of a fireman is intended
to gather evidence of misconduct which may be the basis for filing charges
seeking his or her removal, discharge, or suspension from duty in
excess of 24 duty hours.
(d) "Interrogation" means the questioning of a fireman pursuant to an
investigation initiated by the respective State or local governmental
unit in connection with an alleged violation of such unit's rules which may
be the basis for filing charges seeking his or her suspension, removal, or
discharge.  The term does not include questioning as part of an informal
inquiry as to allegations of misconduct relating to minor infractions of
agency rules which may be noted on the fireman's record but which may not in
themselves result in removal, discharge, or suspension from duty in
excess of 24 duty hours.
(e) "Administrative proceeding" means any non-judicial hearing which
is authorized to recommend, approve or order the suspension, removal, or
discharge of a fireman.
(Source: P.A. 98-973, eff. 8-15-14.)
(50 ILCS 745/3) (from Ch. 85, par. 2503)
Sec. 3. 
		
		Whenever a fireman is subjected to an interrogation within
the meaning of this Act, the interrogation shall be conducted pursuant to
Sections 3.1 through 3.11 of this Act.
(Source: P.A. 83-783.)
(50 ILCS 745/3.1) (from Ch. 85, par. 2504)
Sec. 3.1. 
		
		The interrogation shall take place at the facility to which
the investigating officer is assigned, or at the facility which has jurisdiction
over the place where the incident under investigation
allegedly occurred, as designated by the investigating officer.
(Source: P.A. 83-783.)
(50 ILCS 745/3.2) (from Ch. 85, par. 2505)
Sec. 3.2. No fireman shall be subjected to questioning in relation to
an allegation of misconduct without first being informed in writing of the
allegations and whether the allegations, if proven, involve minor infractions
or may result in removal, discharge, or suspension from duty in excess
of 24 duty hours.  If an administrative proceeding is instituted,
the fireman shall be informed beforehand of the names of all complainants and
all information necessary to reasonably apprise the fireman of the nature of
the charges and the preparation of a defense.
(Source: P.A. 94-188, eff. 7-12-05.)
(50 ILCS 745/3.3) (from Ch. 85, par. 2506)
Sec. 3.3. 
		
		All interrogations shall be conducted at a reasonable time
of day.  Whenever the nature of the alleged incident and operational requirements
permit, interrogations shall be conducted during the time when the fireman is on duty.
(Source: P.A. 83-783.)
(50 ILCS 745/3.4) (from Ch. 85, par. 2507)
Sec. 3.4. 
		
		The fireman under investigation shall be informed of the
name, rank and unit or command of the officer in charge of the investigation,
the interrogators, and all persons present during any interrogation except
at a public administrative proceeding.
(Source: P.A. 83-783.)
(50 ILCS 745/3.5) (from Ch. 85, par. 2508)
Sec. 3.5. 
		
		Interrogation sessions shall be of reasonable duration and
shall permit the fireman interrogated reasonable periods for rest and personal
necessities.
(Source: P.A. 83-783.)
(50 ILCS 745/3.6) (from Ch. 85, par. 2509)
Sec. 3.6. 
		
		The fireman being interrogated shall not be subjected to
professional or personal abuse, including offensive language.
(Source: P.A. 83-783.)
(50 ILCS 745/3.7) (from Ch. 85, par. 2510)
Sec. 3.7. 
		
		A complete record of any interrogation shall be made, and
a complete transcript or copy shall be made available to the fireman under
investigation without charge and without undue delay.  Such record may be
electronically recorded.
(Source: P.A. 83-783.)
(50 ILCS 745/3.8) (from Ch. 85, par. 2511)
Sec. 3.8. 
		
		No fireman shall be interrogated without first being advised
in writing that admissions made in the course of the interrogation may be
used as evidence of misconduct or as the basis for charges seeking suspension,
removal, or discharge; and without first being advised in writing that he
or she has the right to counsel of his or her choosing who may be present
to advise him or her at any stage of any interrogation.
(Source: P.A. 83-783.)
(50 ILCS 745/3.9) (from Ch. 85, par. 2512)
Sec. 3.9. 
		
		The fireman under investigation shall have the right to be
represented by counsel of his or her choosing and may request counsel at
any time before or during interrogation.  When such request for counsel
is made, no interrogation shall proceed until reasonable time and opportunity
are provided the fireman to obtain counsel.
If a collective bargaining agreement requires the presence of a representative
of the collective bargaining unit during investigations, such representative
shall be present during the interrogation, unless this requirement is waived
by the fireman being interrogated.
(Source: P.A. 83-783.)
(50 ILCS 745/3.10) (from Ch. 85, par. 2513)
Sec. 3.10. 
		
		Admissions or confessions obtained during the course of
any interrogation not conducted in accordance with this Act may not be utilized
in any subsequent disciplinary proceeding against the fireman.
(Source: P.A. 83-783.)
(50 ILCS 745/3.11) (from Ch. 85, par. 2514)
Sec. 3.11. 
		
		In the course of any interrogation no fireman shall be required
to submit to a polygraph test, or any other test questioning by means of
any chemical substance, except with the fireman's express written consent.
Refusal to submit to such tests shall not result in any disciplinary action
nor shall such refusal be made part of his or her record.
(Source: P.A. 83-783.)
(50 ILCS 745/4) (from Ch. 85, par. 2515)
Sec. 4. 
		
		The rights of firemen in disciplinary procedures set forth
under this Act shall not diminish the rights and privileges of firemen that
are guaranteed to all citizens by the Constitution and laws of the United
States and of the State of Illinois.
(Source: P.A. 83-783.)
(50 ILCS 745/5) (from Ch. 85, par. 2516)
Sec. 5. 
This Act does not apply to any fireman charged with violating
any provisions of the Criminal Code of 1961, the Criminal Code of 2012, or any other federal, State,
or local criminal law.
(Source: P.A. 97-1150, eff. 1-25-13.)
(50 ILCS 745/6) (from Ch. 85, par. 2517)
Sec. 6. 
		
		The provisions of this Act apply only to the extent there is
no collective bargaining agreement currently in effect dealing with the
subject matter of this Act.
(Source: P.A. 83-783.)
(50 ILCS 745/7) (from Ch. 85, par. 2518)
Sec. 7. 
		
		No fireman shall be discharged, disciplined, demoted, denied
promotion or seniority, transferred, reassigned or otherwise discriminated
against in regard to his or her employment, or be threatened with any such
treatment as retaliation for or by reason of his or her exercise of the
rights granted by this Act.
(Source: P.A. 83-783.)