Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 150 - PROCEDURES OF THE DEPARTMENT OF STATE POLICE MERIT BOARD › Subpart F - HEARINGS › Section 150.680 - Decisions of the Board

Current through Register Vol. 48, No. 28, July 12, 2024
All decisions of the Board as to guilt or innocence will be
				  announced within 90 days after receipt of the Hearing Officer's proposal for
				  decision, or within 90 days after the Hearing Officer's response to the
				  parties' comments or arguments, whichever is later, as outlined in this
				  Section:
a) After the hearing on a
				Complaint, the Board shall render a written decision outlining the findings of
				fact upon which the decision is based and mail it by either registered or
				certified mail, return receipt requested, to the officer charged. A copy of the
				decision shall be mailed to the Director. The decision will find the officer
				guilty, if the charges are established by a preponderance of the evidence, or
				not guilty. If the Board finds the officer guilty of any or all of the
				accusations included in the Complaint, the Board will promptly order the
				officer's discharge, demotion, or a suspension for a period of not more than
				180 days, or recommend participation in a rehabilitative program, including but
				not limited to the State Employee Assistance Program, whichever in the opinion
				of the Board is most applicable. If the officer is found not guilty or has
				served a period of suspension greater than prescribed by the Board, the Board
				shall order that the officer receive compensation for the period involved. The
				award of compensation shall include interest at the rate of 7% per annum. This
				determination will be based on the final decision of the Board, the officer,
				and legal counsel after reviewing all pertinent information including, but not
				limited to, monies due to the State or to third parties involved in the
				charges, and income earned or received by the officer during the period
				involved. Officers are required to disclose any income earned or received
				(e.g., public assistance or unemployment compensation) during the period
				involved.
b) After the hearing on a
				Petition for Review, the Board will render a written decision outlining the
				facts upon which the decision is based, and mail it by either registered or
				certified mail, return receipt requested, to the officer filing the Petition. A
				copy of the decision shall be mailed to the Director. The decision will find
				the officer guilty, if the contents of the Notice of Suspension are established
				by a preponderance of the evidence, or not guilty. If the Board finds the
				officer guilty of any or all of the contents of the Notice of Suspension, the
				Board may sustain, reduce, or reverse the action of the Director or Deputy
				Director; and in the event of reversal or reduction, the Board shall order that
				the officer receive the pay for the appropriate period involved. The award of
				compensation shall include interest at the rate of 7% per annum. The Board may
				not increase the extent of disciplinary measures upon appeal of a suspension of
				up to 30 days. Such decision shall be supported by a statement of findings of
				fact. A copy of the decision shall be mailed to the attorneys of record, the
				Director and the Deputy Director that initiated the action.
c) The Director shall carry out the order of
				the Board, and if the accused officer refuses to abide by the order, the
				Director shall remove the officer immediately.
d) If the Board finds that a party has made
				allegations or denials without reasonable cause or has engaged in frivolous
				litigation for the purpose of delay or needless increase in the cost of
				litigation, it may order that party to pay the other party's reasonable
				expenses, including costs and reasonable attorney's fees.