(A) The purpose of this section is to provide a fair and efficient method of determining the eligibility of a former employee for the benefits enumerated under the Public Safety Employee Benefits Act (ILCS Ch. 820, Act 320, §§ 1 et seq.) through the process of administrative hearings. All benefits provided former employees pursuant to the Public Safety Employee Benefits Act (the “Act”) will be consistent with the Act.
(B) The system of the administrative hearing shall be comprised of a Hearing Officer whose power and authority and limitations are as follows:
(1) Power of the Hearing Officer. The Hearing Officer shall have all of the powers granted under common law relative to the conduct of an administrative hearing including the power to:
(a) Preside over all village hearings involving the Act;
(b) Administer oaths;
(c) Hear testimony and accept evidence that is relevant to the issue of eligibility under the Act;
(d) Issue subpoenas to secure attendance of witnesses and the production of relevant papers or documents and other evidence upon the request of the parties or their representatives;
(e) Rule upon objections in the admissibility of evidence;
(f) Preserve and authenticate the record of the hearing and all exhibits in evidence introduced at the hearing;
(g) Issue a determination based on the evidence presented at the hearing, the determination of which shall be In writing and shall include a written finding of fact, decision and order.
(2) Hearing Officer. The Village President is hereby authorized to appoint a person or persons to hold the position of a Hearing Officer for each and every individual hearing that shall come before this village. In making that selection, the Village President shall consider all pertinent information including, at a minimum:
(a) The candidate’s ability to comply with the job description as set forth herein;
(b) Background and performance data made available to the Village President on file with the village or otherwise obtained by the village;
(c) The candidate must be an attorney licensed to practice law in the State of Illinois for at least three years and have knowledge of and experience in employment and labor law, general civil procedure, the rules of evidence, and administrative practice.
(3) The system of administrative hearings for determination of eligibility for benefits under the Act shall be initiated by the serving of a written notice on the Director of Public Safety by any former public safety employee stating in full detail the nature of the former employee’s claim giving full particulars thereof, i.e., date, time, place, nature of injury, and any other factual circumstances surrounding said incident giving rise to the claim; requesting the benefits enumerated under the Act and requesting the setting of a hearing for the eligibility to receive the benefits. The claim shall be submitted within 60 days of the date the disability has been approved by the Pension Board and upon a form as provided by the village. In the event a disability pension has been awarded 60 days prior to passage of Ordinance No. 15-28, the former employee shall have 60 days after passage and publication of Ordinance No. 15-28 to submit a claim.
(4) An administrative hearing shall be held to adjudicate and determine whether the former public safety employee is eligible for benefits under the Act. If the former employee is found eligible,, the employee benefits shall be consistent with the Act.
(a) Time and date. Hearings shall be held on the date, time and place as established by the village with appropriate notice served upon the former public safety employee.
(b) Record. All hearings shall be attended by a certified court reporter and a transcript of all proceedings shall be made by that certified court reporter.
(c) Procedures. The village and the petitioning former public safety employee shall be entitled to representation by counsel at the hearing and may present witnesses, may present testimony and documents, may cross-examine opposing witnesses, and may request the issuance of subpoenas to compel the appearance of relevant witnesses or the production of relevant documents.
(d) Administrative hearing rules. The Rules of Procedure in Administrative Hearings as set forth by the Illinois Department of Labor regulations (56 Ill. Admin. Code 120) shall apply.
(e) Final determination. The determination by the Hearing Officer of whether the petitioning former public safety employee is eligible for the benefits under the Act shall constitute a final determination for the purpose of judicial review as provided by law.
(Ord. 15-28, passed 9-8-15)
Cross-references:
Police Pension Board, see § 33.02