Code of Ordinances

of Union County, Illinois.

Ordinance Chapter: Division V - Discipline

(A) Com­plaints.  In all cas­es where the Sher­iff desires a sub­or­di­nate to be dis­ci­plined beyond the mea­sures pre­scribed, he shall file with the Com­mis­sion in writ­ing a com­plaint in quin­tu­pli­cate, set­ting forth a plain and con­cise state­ment of the facts upon which the com­plaint is based and the spe­cif­ic sec­tion or sec­tions of these Rules, Reg­u­la­tions and Pro­ce­dures which the accused mem­ber is charged with violating.

(B) Hear­ings on Charges.  All hear­ings shall fol­low these procedures:

  1. All hear­ings shall be public;
  2. At the time and place of hear­ing, the Sher­iff and the accused may be rep­re­sent­ed by coun­sel if either so desires;
  3. All pro­ceed­ings before the Com­mis­sion dur­ing the hear­ing shall be record­ed by a reporter employed by the Commission;
  4. The record of all hear­ings before the Com­mis­sion shall be tran­scribed by the reporter and placed in the subject’s Mer­it Board file;
  5. All wit­ness­es shall be sworn by the Com­mis­sion Chair­man or anoth­er mem­ber of the Com­mis­sion pri­or to testifying;
  6. The Com­mis­sion shall first hear the wit­ness­es sub­stan­ti­at­ing the charges which have been made.  There­after, the accused may present and exam­ine those wit­ness­es whom he 
    desires the Com­mis­sion to hear.  All par­ties shall have the right to exam­ine and recall witnesses;
  7. The Com­mis­sion may hear and con­sid­er all rel­e­vant evi­dence and shall not be bound by the strict rules on admis­si­bil­i­ty of evi­dence applic­a­ble in Courts of law.

(C) Deci­sion on Charges.  After the Com­mis­sion shall have made its find­ings and deter­mined its order, it shall mail to the accused mem­ber by reg­is­tered or cer­ti­fied mail, return receipt request­ed, a notice of the find­ing and order of the Com­mis­sion.  A copy of the notice shall be mailed to the Sheriff.

(D) Sub­poe­na.  The Sher­iff and the accused sub­or­di­nate, or their respec­tive coun­sel, may at any time before the hear­ing, apply to the Com­mis­sion for sub­poe­na to be direct­ed to spe­cif­ic per­sons requir­ing them to pro­duce at the hear­ing books, papers, records, and such oth­er things as may be rel­e­vant at the hear­ing.  The appli­ca­tion shall spec­i­fy the names and address­es of the per­sons to be sub­poe­naed and the doc­u­ments and things which they are required to pro­duce.  The request­ed sub­poe­na will be issued.  Sub­poe­na issued by the Com­mis­sion shall be served by the Sheriff’s Department.

(E) Fil­ing of Papers.  For the pur­pose of these Rules, Reg­u­la­tions and Pro­ce­dures, the fil­ing date of any paper shall be the date it was received by the Com­mis­sion office.

(F) Form of Papers.

  1. All papers filed in any pro­ceed­ing shall be type­writ­ten or print­ed and shall be on one side of the paper only.
  2. If type­writ­ten, the lines shall be dou­ble spaced, except that long quo­ta­tions shall be a sin­gle spaced and indented.
  3. All papers shall be eight and one-half (8 ½) inch­es wide and eleven (11) inch­es long and shall have inside mar­gins of not less than one (1) inch.
  4. The orig­i­nal of all papers filed shall be signed in ink by the par­ty fil­ing the paper or by his counsel.
  5. If papers are filed by an attor­ney, the attorney’s name, address, and tele­phone num­ber shall appear thereon.

(G) Con­tin­u­ance of Hear­ing.  No hear­ing shall be con­tin­ued at the request of any of the par­ties there­to or their coun­sel, unless such request is either made oral­ly to the Chair­man of the Com­mis­sion or received in writ­ing at the Mer­it Com­mis­sion office in Jones­boro, Illi­nois, at least five (5) days before the date for which the hear­ing is scheduled.

(A) By the Sher­iff.  The Sher­iff, with­out the fil­ing of charges with the Com­mis­sion, may take the fol­low­ing dis­ci­pli­nary mea­sures for infrac­tions of these Rules, Reg­u­la­tions and Procedures:

  1. Rep­ri­mand a sub­or­di­nate orally;
  2. Rep­ri­mand a sub­or­di­nate in writ­ing and place a copy in his Mer­it Com­mis­sion file;
  3. Assign to a sub­or­di­nate extra duty in his reg­u­lar assign­ment or oth­er­wise, with or with­out pay, not to exceed eight (8) hours in any one (1) week or forty (40) hours in any three (3) month peri­od;
  4. Sus­pend a sub­or­di­nate for any rea­son­able peri­od of time not to exceed a total of thir­ty (30) days with­in a twelve (12) month peri­od.  The Sher­iff may sus­pend any sub­or­di­nate for a peri­od in addi­tion to the above lim­it­ed thir­ty (30) days only after charges against that mem­ber have been filed with the Com­mis­sion on those charges.

All oth­er dis­ci­pli­nary mea­sures by the Sher­iff will become a part of the deputy’s Mer­it Com­mis­sion file.  No oth­er dis­ci­pli­nary mea­sures shall be tak­en by the Sher­iff except by the Order of the Commission.

(B) If the Com­mis­sion, after a hear­ing upon charges, shall make a find­ing of guilty, it may order any of the fol­low­ing dis­ci­pli­nary mea­sures which in the opin­ion of the Com­mis­sion the offense merits:

  1. Sus­pen­sion for a peri­od not to exceed a total of one hun­dred eighty (180) days in any twelve (12) month period;
  2. Reduc­tion in rank;
  3. Dis­charge and removal from the Sheriff’s Department.

(C) If the Com­mis­sion, after a hear­ing upon charges, shall make a find­ing of not guilty, it shall require the Sheriff’s Depart­ment to:

  1. Restore the accused to duty forth­with at the rank and posi­tion from which he was suspended;
  2. Make pro­vi­sion to con­tin­ue the accused’s senior­i­ty as if it had nev­er been interrupted;
  3. Assure that the accused is prop­er­ly reim­bursed for any loss of salary.  The dif­fer­ence between any monies earned at oth­er employ­ment while under sus­pen­sion and the accused’s reg­u­lar salary shall pro­vide the basis for such reim­burse­ment.  The Com­mis­sion also here­by pro­hibits the Sher­iff from using his own pow­er of dis­ci­pline in such a man­ner as to pun­ish a man who has been found not guilty of charges by the Commission.