DIVISION V – DISCIPLINE

        4-2-31        DISCIPLINARY MEASURES.

        (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.

        4-2-32        DISCIPLINARY PROCEDURES.

        (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.

        4-2-33  –  4-2-34  RESERVED.