reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1230 - IMPASSE RESOLUTION › Subpart B - IMPASSE PROCEDURES FOR PROTECTIVE SERVICES UNITS › Section 1230.70 - Demand for Compulsory Interest Arbitration

Current through Register Vol. 48, No. 28, July 12, 2024
a) When negotiating for an initial contract
				or a successor contract, if any dispute has not been resolved within 15 days
				after the first meeting of the parties and the mediator, or within such other
				time limit as may be mutually agreed upon by the parties (Section 14(a) of the
				Act), either party may file on the other party a Demand for Compulsory Interest
				Arbitration.
b) Demands for
				compulsory interest arbitration shall also be filed with the Board on a
				Board-designated form and shall include the names, addresses and telephone
				numbers of the parties and their representatives, the contract number and
				expiration date of the existing contract if there is one, the date mediation
				began or was waived or refused, the date the Notice of No Agreement was filed
				or, in initial contract negotiations, the date the Notice of Status of
				Negotiations was filed.
c)
				Arbitration procedures shall be deemed to be initiated by the filing of a
				request for mediation. (Section 14(j) of the Act)
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1230 - IMPASSE RESOLUTION › Subpart B - IMPASSE PROCEDURES FOR PROTECTIVE SERVICES UNITS › Section 1230.100 - The Arbitration Award

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Within 30 days after the conclusion of the hearing or such further additional
				periods to which the parties may agree (Section 14(g) of the Act), the panel
				shall issue, serve on the parties, and file with the Board its award and
				findings of fact. The panel shall file a hard copy and a computer disk copy of
				the award and findings of fact with the Board. The award shall be considered
				issued on the date it is served on the parties. The panel shall file a
				certificate of service with the Board.
b) The award shall contain findings of fact
				and a written opinion concerning each issue in dispute. The determination of
				the arbitration panel as to the issues in dispute and as to which of these
				issues are economic shall be conclusive. (Section 14(g) of the Act) With
				respect to each economic issue in dispute, the panel shall adopt the final
				offer of one of the parties, based on the following factors:
1) The lawful authority of the employer
				(Section 14(h)(l) of the Act);
2)
				Stipulations of the parties (Section 14(h)(2) of the Act);
3) The interests and welfare of the public
				and the financial ability of the unit of government to meet these costs
				(Section 14(h)(3) of the Act);
4)
				Comparison of the wages and conditions of employment of the employees involved
				in the arbitration proceeding with the wages, hours and conditions of
				employment of other employees performing similar services and with other
				employees generally:
A) In public employment
				in comparable communities;
B) In
				private employment in comparable communities (Section 14(h)(4) of the
				Act);
5) The average
				consumer prices for goods and services, commonly known as the cost of living
				(Section 14(h)(5) of the Act);
6)
				The overall compensation presently received by the employees, including direct
				wage compensation, vacations, holidays and other excused time, insurance and
				pensions, medical and hospitalization benefits, the continuity and stability of
				employment and all other benefits received(Section 14(h)(6) of the
				Act);
7) Changes in any of the
				foregoing circumstances during the pendency of the arbitration proceedings
				(Section 14(h)(7) of the Act);
8)
				Such other factors, not confined to the foregoing, which are normally or
				traditionally taken into consideration in the determination of wages, hours and
				conditions of employment through voluntary collective bargaining, mediation,
				fact-finding, arbitration or otherwise between the parties, in the public
				service or in private employment (Section 14(h)(8) of the Act).
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1230 - IMPASSE RESOLUTION › Subpart B - IMPASSE PROCEDURES FOR PROTECTIVE SERVICES UNITS › Section 1230.110 - Employer Review of the Award

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				All of the terms decided upon by the arbitration panel shall be included in an
				agreement to be submitted to the public employer's governing body for
				ratification and adoption by law, ordinance or equivalent appropriate means.
				(Section 14(n) of the Act)
b) The
				governing body shall review each term decided by the arbitration panel.
				(Section 14(n) of the Act)
c) The
				governing body may reject any terms of the award by a three-fifths vote of
				those duly elected and qualified members of the governing body. (Section 14(n)
				of the Act) The rejection vote must occur within 20 days after service of the
				award. The governing body shall provide written reasons for its rejection and
				shall serve those reasons on the parties and the neutral chairman no later than
				20 days after the rejection vote. The governing body shall file a copy of its
				reasons and a certificate of service with the Board. The reasons for rejection
				shall be considered issued on the date that they are served on the neutral
				chairman.
d) Any terms not rejected
				in accordance with this Section shall become a part of the parties' collective
				bargaining agreement.
e) The
				neutral chairman shall call together the panel and convene a supplemental
				interest arbitration hearing within 30 days after issuance of the reasons for
				rejection. The supplemental hearing shall be conducted in accordance with
				Section
				1230.90.
f) The parties may mutually agree to select a
				different neutral chairman for the supplemental hearing, provided they notify
				the Board and the original neutral chairman within 7 days after service of the
				reasons for rejection of the award.
g) All reasonable costs of such supplemental
				proceedings, including the exclusive representative's reasonable attorney's
				fees, shall be paid by the employer. (Section 14(o) of the Act) If the employer
				refuses to pay any costs or attorney's fees, the exclusive representative may
				submit the costs and/or fees to the Board's General Counsel for a determination
				of reasonableness. The General Counsel shall certify the amount determined to
				be reasonable and the employer shall promptly pay that amount to the exclusive
				representative.
h) Any supplemental
				award rendered by the arbitration panel shall be subject to governing body
				review in accordance with this Section.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1230 - IMPASSE RESOLUTION › Subpart C - IMPASSE PROCEDURES FOR GENERAL PUBLIC EMPLOYEE UNITS › Section 1230.120 - General Purpose of this Subpart

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart governs employees with the right to strike,
				  provided that certain conditions are met. The Act requires that the parties
				  attempt to mutually resolve their bargaining disputes prior to resorting to a
				  strike. To facilitate amicable settlement between the parties, the Board shall
				  provide, in accordance with this subpart, services of mediators, interest
				  arbitrators and fact-finders. All costs of such services shall be shared
				  equally by the parties.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1230 - IMPASSE RESOLUTION › Subpart C - IMPASSE PROCEDURES FOR GENERAL PUBLIC EMPLOYEE UNITS › Section 1230.140 - Bargaining Notices for General Public Employee Units

Current through Register Vol. 48, No. 28, July 12, 2024
The following notice requirements shall apply when the
				  parties are bargaining for a successor contract for a general public employee
				  unit:
a) Pursuant to Section 7 of the
				Act, any party wishing to terminate or modify an existing collective bargaining
				agreement shall serve on the other party a written demand for bargaining. The
				demand for bargaining shall be served on the other party 60 days prior to the
				scheduled termination date of the existing agreement. Service of the demand for
				bargaining continues in full force and effect, without resort to strike or
				lockout, all the terms and conditions of the existing contract for a period of
				60 days after such demand notice is given to the other party or until the
				expiration date of such contract, whichever occurs later. (Section 7(4) of the
				Act) A copy of the demand for bargaining shall be filed with the Board by the
				party making the demand at the same time it is served on the other party. The
				demand for bargaining shall reference the existing contract's number as
				assigned pursuant to Section
				1230.130 of this
				Part.
b) Upon completing
				negotiations for either a successor or initial contract, the parties shall file
				with the Board a copy of the contract pursuant to Section
				1230.130(a)(1)
				 of this Part.
c) Any time after the parties have commenced
				negotiations, either party may request fact-finding or mediation/arbitration
				services. Such requests shall be filed in accordance with this
				Subpart.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1230 - IMPASSE RESOLUTION › Subpart C - IMPASSE PROCEDURES FOR GENERAL PUBLIC EMPLOYEE UNITS › Section 1230.150 - Mediation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Requests for
				mediation shall be on a Board-designated form. Joint requests for mediation
				must be made in writing.
b)
				Requests for mediation in negotiations for either successor or initial
				contracts may be made at any time after the parties have commenced
				negotiations.
c) Requests for
				mediation shall generally be made jointly. Unilateral requests for mediation
				may be made only after the party requesting mediation has asked the other party
				to join in the request and the other party has refused. Unilateral requests for
				mediation shall be accompanied by a written statement setting forth the
				circumstances of the other party's refusal to join in the request. Upon receipt
				of a unilateral request for mediation, the Board shall investigate the request.
				If the Board's investigation discloses that the request was properly filed
				under this Part, that bargaining has not resulted in an agreement, and that
				mediation would assist the parties, the Board shall grant the request.
				Unilateral requests filed by the exclusive representative in conformance with
				this Section shall satisfy the precondition for a lawful strike set forth in
				Section 17(a)(4) of the Act.
d)
				Whenever the Board grants a request for mediation it shall provide the parties
				with a panel of at least 3 mediators listed on the Public Employees
				Mediation/Arbitration Roster. The parties shall have 7 days from receipt of the
				list to choose one of the persons on the panel or any other person they choose
				to serve as mediator. If at the end of this 7-day period the parties have not
				notified the Board of their selection, the Board shall appoint a
				mediator.
e) Mediation shall be
				conducted as follows:
1) The function of the
				mediator shall be to communicate with the employer and the exclusive
				representative or their representatives and to endeavor to bring about an
				amicable and voluntary settlement. (Section 12(a) of the Act)
2) The mediator may hold joint and separate
				conferences with the parties. The conferences shall be private unless the
				parties otherwise agree.
3)
				Information disclosed by a party to a mediator in the performance of mediation
				functions shall not be disclosed voluntarily or by compulsion. All files,
				records, reports, documents, or other papers prepared by a mediator shall be
				considered confidential. The mediator shall not produce any confidential
				records of, or testify in regard to, any mediation previously conducted, on
				behalf of any party to any case pending in any type of proceeding.
4) The mediator shall keep the Board apprised
				of the status of the negotiations.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1230 - IMPASSE RESOLUTION › Subpart C - IMPASSE PROCEDURES FOR GENERAL PUBLIC EMPLOYEE UNITS › Section 1230.160 - Fact-finding

Current through Register Vol. 48, No. 28, July 12, 2024
a) The parties may
				agree in writing to the use of fact-finding in resolving their
				disputes.
b) Requests for
				fact-finding shall be filed on a Board-designated form and shall be accompanied
				by a copy of the parties' agreement to use fact-finding.
c) Upon receipt of the request for
				fact-finding, the Board shall supply the parties with a list of 7 fact-finders
				listed on the Public Employees Mediation/Arbitration Roster. The parties shall
				select one individual from the list to serve as fact-finder within 10 days of
				service of the list. If the parties advise the Board that they are unable to
				select one of the 7 individuals on the list, the Board shall provide a second
				list. Except in extraordinary circumstances, the Board shall not provide more
				than 2 lists. The parties shall notify the Board of the name of the individual
				they select to serve as fact-finder. Upon being so notified, the Board shall
				appoint the fact-finder.
d) If
				fact-finding follows mediation, the parties may agree to use the mediator as
				fact-finder, provided that the mediator is not a Board employee.
e) The fact-finding hearing shall be
				conducted as follows:
1) The person appointed
				as fact-finder shall immediately establish the dates and place of
				hearing.
2) Upon request, the Board
				shall issue subpoenas for hearings conducted by the fact-finder.
3) The fact-finder may administer oaths.
				(Section 13(b) of the Act
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1230 - IMPASSE RESOLUTION › Subpart C - IMPASSE PROCEDURES FOR GENERAL PUBLIC EMPLOYEE UNITS › Section 1230.170 - Voluntary Interest Arbitration

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The parties may voluntarily agree in writing to use interest
				arbitration.
b) The parties may
				request a list of interest arbitrators from the Board by completing a
				Board-designated form and a copy of their agreement to use interest
				arbitration. Upon receipt of the request, the Board shall provide the parties a
				list of up to 7 interest arbitrators from the Public Employees
				Mediation/Arbitration Roster. If the parties are unable to select an arbitrator
				from the list provided by the Board, upon request, the Board shall provide a
				second list of interest arbitrators to the parties. Except under extraordinary
				circumstances, the Board shall provide no more than 2 lists.
c) The neutral interest arbitrator selected
				by the parties shall conduct the voluntary interest arbitration in accordance
				with the agreement of the parties. The interest arbitrator or interest
				arbitration panel shall use the factors set forth in Section
				1230.100(b)
				of this Part as guidelines in rendering the award.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1230 - IMPASSE RESOLUTION › Subpart C - IMPASSE PROCEDURES FOR GENERAL PUBLIC EMPLOYEE UNITS › Section 1230.180 - Strikes

Current through Register Vol. 48, No. 28, July 12, 2024
Employees in general public employee units have the right to
				  strike, provided that the following conditions have been met:
a) The employees are represented by an
				exclusive bargaining representative (Section 17(a)(1) of the Act) that has been
				certified by the Board or that has a valid claim to status as an historical
				bargaining representative pursuant to Section 3(f) of the Act.
b) The collective bargaining agreement
				between the public employer and the public employees, if any, has expired, or
				such agreement does not prohibit the strike. (Section 17(a)(2) of the Act)
				Pursuant to Section 8 of the Act, a collective bargaining agreement must
				contain provisions prohibiting strikes for the agreement's duration and
				providing for a grievance procedure culminating in final and binding
				arbitration of disputes over the interpretation of the agreement unless the
				parties agree to forgo these provisions.
c) The public employer and the labor
				organization have not mutually agreed to submit the disputed issues to final
				and binding arbitration. (Section 17(a)(3) of the Act)
d) The exclusive representative has requested
				a mediator pursuant to Section 12 of the Act and Section
				1230.150 of this Part
				and mediation has been used. (Section 17(a)(4) of the Act)
e) At least5days have elapsed after a notice
				of intent to strike has been given by the exclusive representative to the
				public employer. (Section 17(a)(5) of the Act) A copy of the notice shall be
				filed with the Board and shall reference the contract number in cases of
				negotiations for successor contracts or the certification case number in cases
				of negotiations for initial contracts. The 5 day time period shall be
				calculated in accordance with 80 Ill. Adm. Code
				1200.30(a) and
				(b).
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1230 - IMPASSE RESOLUTION › Subpart C - IMPASSE PROCEDURES FOR GENERAL PUBLIC EMPLOYEE UNITS › Section 1230.190 - Petitions for Strike Investigations

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a strike, whichmay constitute a clear
				and present danger to the health and safety of the public is about to occur or
				is in progress, the public employer concerned may file with the Board a
				petition for a strike investigation (Section 18(a) of the Act).
b) A petition for a strike investigation
				shall be on a Board-designated form and shall contain:
1) the name, address and telephone number of
				the petitioner;
2) the name,
				address, telephone number and affiliation, if any, of the labor organization
				that is threatening or conducting the strike;
3) the name, address and telephone number of
				the parties' representatives;
4)
				the date that the strike began or is threatened to begin;
5) a detailed description of the danger posed
				by the strike to the public health and safety.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1230 - IMPASSE RESOLUTION › Subpart D - GRIEVANCE ARBITRATION AND MEDIATION › Section 1230.200 - Grievance Arbitration

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless
				mutually agreed otherwise, every collective bargaining agreement between an
				employer and a labor organization that covers employment subject to the Act
				shall contain a grievance procedure that has as its last step final and binding
				grievance arbitration. The parties may use the Illinois Public Employees
				Mediation/Arbitration Roster or any other source for selection of grievance
				arbitrators.
b) Whenever either
				party requests, unless the collective bargaining agreement provides for an
				alternative source, the Board shall provide a panel of up to 7 grievance
				arbitrators selected from the Illinois Public Employees Mediation/Arbitration
				Roster. Requests shall be submitted on a Board-designated form. If the parties
				are unable to select an arbitrator from the first panel, the Board shall
				provide a second panel. The Board shall not provide more than 2
				panels.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1230 - IMPASSE RESOLUTION › Subpart D - GRIEVANCE ARBITRATION AND MEDIATION › Section 1230.210 - Grievance Mediation

Current through Register Vol. 48, No. 28, July 12, 2024
If the parties desire an individual from the Public Employees
				  Mediation/Arbitration Roster to mediate one or more grievances, requests shall
				  be made and processed in the same manner as requests for grievance
				  arbitrators.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1230 - IMPASSE RESOLUTION › Subpart E - ILLINOIS PUBLIC EMPLOYEES MEDIATION/ARBITRATION ROSTER › Section 1230.220 - Mediation/Arbitration Roster

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board
				shall establish an Illinois Public Employees Mediation/Arbitration Roster and
				shall make its services available for mediation, fact-finding, interest
				arbitration, grievance arbitration, and grievance mediation. The Roster shall
				list qualified mediators, fact-finders, interest arbitrators, and grievance
				arbitrators. A person may be qualified in more than one category.
b) Appointment to the Roster shall be based
				upon a majority vote of the members of the Board, after application by the
				individual. The application shall be on a form developed by the
				Board.
c) In making appointments to
				the Roster, the Board shall consider such factors as experience and training,
				membership on other recognized mediation or arbitration panels, education,
				prior published awards, current advocacy in employment relations matters,
				letters of recommendation supporting the application, and any other relevant
				material supplied by the applicant or requested by the Board. Individuals
				appointed to the Roster shall be residents of the State of Illinois. The
				members of the Public Employees Mediation/Arbitration Roster are persons who
				are on the labor arbitration panels of either the American Arbitration
				Association or the Federal Mediation and Conciliation Service or who are
				members of the National Academy of Arbitrators.
d) Individuals appointed to the Roster shall
				file with the Board a brief biographical sketch, a concise resume of their
				experience relevant to the position for which they are listed and a fee
				schedule. Whenever an individual is selected to serve in a case, that
				individual shall not charge a fee greater than that listed in the fee schedule
				an individual has filed with the Board. A minimum of 30 days notice shall be
				given to the Board for changes in fee schedules.
e) Requests for panels from the Roster shall
				be submitted on a form developed by the Board and shall include:
1) The name, address, telephone number and
				affiliation, if any, of the parties submitting the request;
2) The name, address and telephone number of
				the parties' representatives;
3)
				The type of service requested; and
4) A brief description of the nature of the
				dispute, including unresolved issues, to the extent known.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1240 - POLICE OFFICER DECERTIFICATION PROCEEDINGS › Section 1240.10 - General Statement of Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The regulations contained in this Part detail the procedures
				for obtaining an Illinois Labor Relations Board hearing to determine
				decertification of a police officer based upon that officer's commission of
				perjury in a murder case pursuant to Section 6.1 of the Illinois Police
				Training Act [50
				ILCS 705/6.1 ]. The Illinois Labor Relations Board
				does not recognize or effectuate any other type of police officer
				decertification. The provisions of this Part shall not apply to any charges or
				petitions filed with the Illinois Labor Relations Board pursuant to the
				Illinois Public Labor Relations Act [5 ILCS 315 ].
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1240 - POLICE OFFICER DECERTIFICATION PROCEEDINGS › Section 1240.20 - Board Information and Business Hours

Current through Register Vol. 48, No. 28, July 12, 2024
The State Panel of the Illinois Labor Relations Board can be
				contacted at:
Springfield Office:
320 West Washington Street, Suite 500
Springfield, Illinois 62701
(217)785-3155
Facsimile: (217)785-4146
Website:
www.state.il.us/ilr
Chicago Office:
160 North LaSalle Street, Suite S-400
Chicago, Illinois 60601
(312)793-6400
Facsimile: (312)793-6989
Website:
www.state.il.us/ilr
The official business hours of the Illinois Labor Relations
				Board are 8:30 a.m. to 5:00 p.m., Monday through Friday.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1240 - POLICE OFFICER DECERTIFICATION PROCEEDINGS › Section 1240.30 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Some of the terms used in this Part have the definition
				ascribed in Section 6.1 of the Illinois Police Training Act. Other definitions
				of terms used in this Part follow.
"Act" means the Illinois Police Training Act [50 ILCS 705
				].
"Administrative Law Judge" means an employee of the Illinois
				Labor Relations Board who is an attorney licensed to practice in
				Illinois.
"Board" means the Illinois Labor Relations Board State Panel,
				individually as applicable, or an agent designated by the Illinois Labor
				Relations Board State Panel.
"Board agent" means any Board employee who is designated by the
				Board to perform the acts and/or responsibilities outlined in this Part.
"Complainant" means the individual who has filed a verified
				complaint or petition for hearing pursuant to Sec 6.1 of the Act [50
				ILCS 705/6.1 ].
"Interested party" means the defendant or any police officer
				who has personal knowledge that the police officer who is the subject of a
				complaint has, while under oath, knowingly and willfully made false statements
				as to a material fact going to an element of the offense of murder.
				[50
				ILCS 705/6.1(q) ]
"LETSB" means the Illinois Law Enforcement Training Standards
				Board created by the Illinois Police Training Act [50 ILCS 705 ].
"Perjury" is, while under oath, knowingly and willfully making
				false statements as to a material fact going to an element of the offense of
				murder.
"Petition for hearing" means a document filed with the Board by
				a defendant or police officer with personal knowledge of perjured testimony in
				a murder prosecution where there has been a finding of guilt.
"Police officer" or "officer" means any individual who has been
				certified pursuant to the Act.
"Respondent" means the officer named in a verified complaint or
				petition for hearing filed pursuant to Section 6.1 of the Act.
"Verified complaint" or "complaint" means the document filed
				with the Illinois Law Enforcement Training Standards Board by a defendant or
				police officer with personal knowledge of perjured testimony in a murder
				prosecution where there has been an acquittal.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1240 - POLICE OFFICER DECERTIFICATION PROCEEDINGS › Section 1240.40 - Board's Jurisdiction

Current through Register Vol. 48, No. 28, July 12, 2024
The Board shall undertake the process of determining whether a
				police officer has committed perjury only under the following
				circumstances:
a) Where there has been
			 an acquittal on a charge of murder and the defendant, or a police officer with
			 personal knowledge of perjury, files a verified complaint with the Illinois Law
			 Enforcement Training Standards Board (LETSB) and LETSB has investigated the
			 case and submitted a report to the Board's Executive Director; or
b) Where there has been a finding of guilt on
			 the offense of murder and a new trial has been granted on direct appeal or a
			 State post-conviction evidentiary hearing has been ordered based on the claim
			 that a police officer committed perjury and an interested party has filed a
			 timely petition for hearing with the Board.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1240 - POLICE OFFICER DECERTIFICATION PROCEEDINGS › Section 1240.50 - Filing and Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) General
			 Procedures
1) All initial documents relating
			 to the decertification of police officers, except those filed pursuant to
			 subsection (b), must be filed in the Board's Springfield office (see Section
			 1240.20
			 ). All subsequent documents shall be filed in the Board's Chicago office, as
			 directed by the Board. Two copies of each document shall be filed.
2) Documents may be filed by any of the
			 following methods:
A) By actual delivery of
			 documents to the Board;
B) By first
			 class, registered or certified United States mail or by commercial parcel
			 delivery company; or
C) By fax,
			 subject to the following limitations:
i)
			 Parties shall transmit one copy of the documents, accompanied by a cover sheet
			 or form identifying the party filing the documents, the total number of pages
			 in the fax transmission, and the name, address, telephone number and fax number
			 of the person sending the fax;
ii)
			 The original documents filed by fax shall be mailed or delivered to the
			 appropriate Board office on the same day the fax is transmitted, together with
			 a fax confirmation receipt;
iii)
			 The appropriate case number shall be indicated on the front page of each
			 document filed by fax, unless the document is being filed to initiate
			 proceedings before the Board; and
iv) If receipt of a fax transmission
			 commences after the close of the Board's business hours, the documents will be
			 deemed filed on the next business day.
3) All petitions for hearing, amendments to
			 verified complaints and amendments to petitions for hearing shall be served on
			 the appropriate parties by the Board by certified mail. All other documents
			 shall be served by the party filing the document on all other parties to the
			 proceeding. The document shall not be considered properly served unless
			 accompanied by proof of service. Proof of service shall consist of a written
			 statement, signed by the party effecting service, detailing the name of the
			 party served and the date and manner of service.
4) When a party is represented in a
			 proceeding before the Board, service shall be on the party's representative.
			 When a party is not represented, service shall be on the party.
5) A document shall be considered filed with
			 the Board on the date that it is postmarked, tendered to a delivery service or
			 received by personal delivery in the appropriate Board office before the close
			 of the Board's business hours. Service made by fax shall be regarded as
			 completed upon production by the fax machine of confirmation of transmission,
			 together with the same-day mailing of a copy of the papers, postage pre-paid
			 and properly addressed, to the person being served.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1240 - POLICE OFFICER DECERTIFICATION PROCEEDINGS › Section 1240.60 - Investigation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Cases Arising
			 Upon a Finding of Acquittal
1) LETSB will
			 investigate the verified complaint pursuant to 20 Ill. Adm. Code
			 1720.120.
2) Upon receipt of a report from LETSB, the
			 Illinois Labor Relations Board's Executive Director shall, within 30 days,
			 review the investigative report and determine whether sufficient evidence
			 exists to conduct an evidentiary hearing on the verified complaint.
A) If the Executive Director determines that
			 a hearing should not be conducted, a written order dismissing the complaint
			 will be issued. This decision is in the Executive Director's sole discretion,
			 and this dismissal may not be appealed. [50
			 ILCS 705/6.1(j) ]
B) If the Executive Director determines that
			 there is sufficient evidence to warrant a hearing to determine, by clear and
			 convincing evidence, whether a police officer, under oath, knowingly and
			 willfully made false statements as to a material fact going to an element of
			 the offense of murder, he or she will issue an order notifying the parties that
			 a hearing in the matter has been granted. The Executive Director will assign
			 the case to an Administrative Law Judge within 30 days following that order.
			 The Board will serve a copy of the verified complaint and a copy of the
			 Executive Director's order on the Illinois Department of Professional
			 Regulation within 30 days after issuance of the Executive Director's
			 order.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1240 - POLICE OFFICER DECERTIFICATION PROCEEDINGS › Section 1240.70 - Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
An Administrative Law Judge (ALJ) employed by the Board shall
				conduct a hearing for the purpose of receiving into evidence relevant testimony
				and documents to support or disprove the allegations of perjury. The ALJ shall
				make a recommended decision to the Board as to whether the complainant proved
				by clear and convincing evidence that the respondent had, while under oath,
				knowingly and willfully made false statements as to a material fact going to an
				element of the offense of murder.
a)
			 Process
1) The ALJ shall set dates for a
			 hearing and serve notice of the hearing on all parties. A hearing shall be set
			 not less than 14 days after service of the verified complaint or petition for
			 hearing on the Illinois Department of Professional Regulation (DPR).
2) DPR shall proceed first and present its
			 case in support of the verified complaint or petition for hearing. DPR shall
			 have the burden of proving the allegations in the verified complaint or
			 petition for hearing by clear and convincing evidence. After DPR has completed
			 presenting its case, the Respondent may present evidence in support of his/her
			 defense.
3) The ALJ shall inquire
			 fully into all matters in dispute and shall obtain a full and complete record
			 either by taking evidence or accepting parties' stipulations.
4) Upon request, a party is entitled to a
			 reasonable period of time at the close of the hearing for oral argument, which
			 shall be made part of the record. The ALJ may direct the filing of briefs when
			 the filing is, in the opinion of the ALJ, warranted by the nature of the
			 proceedings or the particular issues involved.
5) The ALJ shall issue a recommended
			 decision. That recommended decision shall be served upon all parties to the
			 proceeding and upon the Executive Director of LETSB.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1240 - POLICE OFFICER DECERTIFICATION PROCEEDINGS › Section 1240.80 - Authority of Administrative Law Judges

Current through Register Vol. 48, No. 28, July 12, 2024
The Administrative Law Judge (ALJ) shall have the duty to
				conduct a fair hearing, to take all necessary action to avoid delay, to
				maintain order and to ensure development of a clear and complete record. The
				ALJ shall have all powers necessary to achieve these ends, including, but not
				limited to, the discretionary authority to:
a) Require the parties to participate in a
			 pre-hearing conference before proceeding with a hearing;
b) Require all parties to submit pre-hearing
			 information, including, but not limited to, a detailed written statement of the
			 issue to be resolved at hearing and its position; a list of witnesses each
			 party intends to call, the nature of their testimony, the estimated time for
			 each witness' testimony, and the estimated time for the party's case in chief;
			 a list of exhibits to be offered by each party in its case in chief and a copy
			 of each exhibit; and all other information the ALJ requests;
c) Regulate the proceedings of the case and
			 the conduct of the parties and their counsel;
d) Administer oaths and
			 affirmations;
e) Receive relevant
			 testimony and evidence;
f)
			 Establish reasonable limits on the frequency and duration of the testimony of
			 any witness and limit repetitious or cumulative testimony;
g) Examine witnesses and direct witnesses to
			 testify; however, this provision does not lessen any party's burden of
			 proof;
h) Issue subpoenas and rule
			 upon motions to revoke subpoenas;
i) Take administrative notice of generally
			 recognized facts of which Illinois courts may take judicial notice and of other
			 facts within the specialized knowledge and experience of the Board;
j) Rule on objections, motions and questions
			 of procedure;
k) Authorize the
			 submission of briefs and set the time for their filing;
l) Hear closing argument;
m) Order a hearing reopened prior to the
			 issuance of the ALJ's recommended decision;
n) Render and serve the recommended decision
			 on the parties to the proceeding;
o) Carry out the duties of ALJs as provided
			 or otherwise authorized by this Part, 80 Ill. Adm. Code 1200, 1210, 1220 or
			 1230, or Section 6.1 of the Act.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1240 - POLICE OFFICER DECERTIFICATION PROCEEDINGS › Section 1240.90 - Computation and Extensions of Time

Current through Register Vol. 48, No. 28, July 12, 2024
a) In computing any period of time prescribed
			 by this Part, the designated period of time begins to run the day after the
			 act, event, or default and ends on the last day of the period so computed. If
			 the last day falls on a Saturday, Sunday, or legal holiday, the time period
			 shall be automatically extended to the next day that is not a Saturday, Sunday
			 or legal holiday.
b) When a time
			 period prescribed under this Part is less than 7 days, intervening Saturdays,
			 Sundays, or legal holidays shall not be included.
c) Service of a document upon a party by mail
			 shall be presumed complete 3 days after mailing, if proof of service shows the
			 document was properly addressed. This presumption may be overcome by the
			 addressee, with evidence establishing that the document was not delivered or
			 was delivered at a later date. A party's failure to accept or claim a document
			 served by mail shall not be grounds for overcoming the presumption.
d) Requests for postponements of hearings
			 shall be filed in accordance with Section
			 1240.100.
			 Requests for postponements of investigations or scheduled conferences, as well
			 as requests for extensions for the filing of briefs, exceptions or responses
			 must be made prior to the existing deadlines. Such requests will not be granted
			 unless good and sufficient cause is shown and the following requirements are
			 met:
1) all requests must be in writing
			 directed to the Administrative Law Judge, Executive Director or General Counsel
			 responsible for the proceeding;
2)
			 the grounds for the request must be set forth in detail;
3) the requesting party must specify
			 alternative dates for scheduling the hearing or conference or for the due date
			 of any documents;
4) the position
			 of all parties concerning both the postponement or extension requested and the
			 proposed alternative dates must be ascertained in advance by the requesting
			 party and set forth in the request;
5) for the purposes of this Section, good and
			 sufficient cause may include a showing to the satisfaction of the Board or its
			 agents that a postponement or extension will result in settlement of the
			 case;
6) except for good cause
			 shown, no request for postponement will be granted on any of the 3 days
			 immediately preceding the date of a hearing, investigation or
			 conference;
7) all continuances
			 must be to a date and time certain; in no event shall an indefinite continuance
			 be granted.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1240 - POLICE OFFICER DECERTIFICATION PROCEEDINGS › Section 1240.100 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
a) In matters set
			 for hearing, all motions must be filed with the assigned Administrative Law
			 Judge (ALJ). Once the ALJ's recommended decision has issued, all motions should
			 be filed with the General Counsel in the Board's Chicago office.
b) Motions must be made in writing unless
			 made during the hearing, at which time the motions may be made orally on the
			 record. Motions must briefly state the grounds for the motion and any relief
			 requested. Written motions must be served in accordance with Section
			 1240.50.
1) Motions to extend time for the filing of
			 documents must contain a statement that the moving party discussed the
			 requested extension with the other parties. If no objections were raised, the
			 moving party must certify that the other parties were consulted and authorized
			 the moving party to represent that they have no objections. If objections were
			 raised, the moving party must describe those objections and its
			 response.
2) At any time prior to
			 the issuance of the recommended decision, a party may move to disqualify the
			 ALJ on the grounds of bias or conflict of interest. The motion shall be in
			 writing to the General Counsel, with a copy to the ALJ, setting out the
			 specific instances of bias or conflict of interest. An adverse decision or
			 ruling, in and of itself, will not be considered grounds for disqualification.
			 The General Counsel may decline to disqualify the ALJ or may appoint another
			 ALJ to hear the case.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1240 - POLICE OFFICER DECERTIFICATION PROCEEDINGS › Section 1240.110 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
The Board, upon the request of an Administrative Law Judge
				(ALJ) or upon the written application of a party, shall have the power to issue
				subpoenas for witnesses and subpoenas for documents.
a) Subpoenas for Witnesses
1) A party's written application for
			 subpoenas for witnesses must be directed to the ALJ, and must contain the
			 following information:
A) the title and case
			 number of the proceeding;
B) the
			 name, address and phone number of the party requesting the subpoena and its
			 representative;
C) the name of the
			 person to be subpoenaed; and
D) the
			 date, time and place of the appearance to be commanded.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1240 - POLICE OFFICER DECERTIFICATION PROCEEDINGS › Section 1240.120 - Officer Indemnification

Current through Register Vol. 48, No. 28, July 12, 2024
An officer named in any verified complaint shall be indemnified
				for his or her reasonable attorney's fees and costs by his or her employer.
				These fees shall be paid in a regular and timely manner. The State, upon
				application by the public employer, shall reimburse the public employer for the
				accused officer's reasonable attorney's fees and costs. At no time and under no
				circumstances will the accused officer be required to pay his or her own
				reasonable attorney's fees and costs. [50
				ILCS 705/6.1(l) ]
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1240 - POLICE OFFICER DECERTIFICATION PROCEEDINGS › Section 1240.130 - Representation of Parties

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
			 verified complaint or petition for hearing shall be prosecuted by an agent of
			 the Illinois Department of Professional Regulation.
b) The complainant or respondent may be
			 represented by counsel or any other representative of his or her
			 choosing.
c) The representative of
			 each party shall file a Notice of Appearance with the Board. Filing pleadings
			 on behalf of a party shall be equivalent to filing a Notice of
			 Appearance.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1240 - POLICE OFFICER DECERTIFICATION PROCEEDINGS › Section 1240.140 - Board Review of the Administrative Law Judge's Recommended Decision

Current through Register Vol. 48, No. 28, July 12, 2024
The State Panel of the Illinois Labor Relations Board shall
				review the Administrative Law Judge's (ALJ's) recommended decision and
				determine by a majority vote whether there was clear and convincing evidence
				that the respondent, while under oath, knowingly and willfully made false
				statements as to a material fact going to the offense of murder.
a) Parties may file exceptions to the ALJ's
			 recommended decision and briefs in support of those exceptions no later than 30
			 days after service of the recommended decision. Exceptions must be filed with
			 the Board's General Counsel in the Board's Chicago office. Exceptions shall
			 specifically set forth the questions of procedure, fact, law or policy to which
			 exception is taken, shall identify that part of the ALJ's recommended decision
			 to which exception is made, and shall state the grounds for the exceptions and
			 shall include the citation of authorities unless set forth in a supporting
			 brief. Any exception to a ruling, finding, conclusion or recommendation that is
			 not specifically raised shall be deemed to have been waived. Any exception that
			 fails to comply with the foregoing requirements may be disregarded. If no
			 exceptions to the ALJ's recommended decision are filed within the prescribed
			 time period, the parties will be deemed to have waived their
			 exceptions.
b) Parties may file
			 responses to the exceptions and briefs in support of those responses no later
			 than 15 days after service of the exceptions. Responses shall be limited to the
			 issues raised in the exceptions.
c)
			 Any brief in support of the exceptions or responses shall be confined to the
			 subjects raised in the exceptions and shall contain:
1) a clear and concise statement of the case
			 containing all that is material to the consideration of the questions
			 presented;
2) a specification of
			 the questions involved and the issues to be argued; and
3) an argument, presenting clearly the points
			 of fact and law relied upon in support of the position taken on each
			 question.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1240 - POLICE OFFICER DECERTIFICATION PROCEEDINGS › Section 1240.150 - Appellate Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) A party
			 aggrieved by a final order of the Illinois Labor Relations Board State Panel
			 may obtain judicial review of that order in accordance with the provisions of
			 the Administrative Review Law [735 ILCS 5 /Art. III], except that such review
			 shall be afforded directly in the Appellate Court for the district in which the
			 accused officer resides. The appeal shall be filed within 35 days from the date
			 that a copy of the Board's decision was served upon the party affected by the
			 decision.
b) If LETSB has revoked
			 an accused officer's certification as the result of an adverse finding of the
			 Board, the officer may petition the Appellate Court to stay the revocation of
			 his or her certification pending the court's review of the matter.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1240 - POLICE OFFICER DECERTIFICATION PROCEEDINGS › Section 1240.160 - Conflicts of Interest

Current through Register Vol. 48, No. 28, July 12, 2024
No person who has been a Board member or an employee of the
				Board shall engage in practice before the Board in any respect in connection
				with any case or proceeding that was pending during the person's membership on
				or employment with the Board.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1240 - POLICE OFFICER DECERTIFICATION PROCEEDINGS › Section 1240.170 - Ex Parte Communications

Current through Register Vol. 48, No. 28, July 12, 2024
No party or other persons legally interested in the outcome of
				a hearing may communicate ex parte, either directly or indirectly, with an
				Administrative Law Judge or with any member of the Board regarding matters
				pending before the Board.