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(A) Charges. In all cases where the Sheriff desires to discipline a subordinate beyond the measures previously described, he or she shall file with the Commission a written charge in quintuplicate, setting forth a plain and concise statement of the fact upon which the charge is based and a specific section or sections of the Sheriff’s Department rules, regulations, procedures or policies, which the accused member is charged with violating.
(B) Hearing. The charges shall be heard by the Commission upon not less than 14-days’ certified notice. Such notice shall be sent to the Sheriff and to the accused.
(C) Representation by counsel. At such hearing, the accused certified person shall be afforded full opportunity to be represented by counsel, and be heard in his or her own defense and to produce proof in his or her defense.
(D) Commission representation. The Commission shall be represented by counsel of its choosing.
(E) Sheriff representation. The Sheriff will be represented by the State’s Attorney.
(F) Subpoena power. The Commission shall have the power to secure by a subpoena with the attendance and testimony of witnesses and the production of books and papers in support of the charges and for the defense. Each member of the Commission shall have the power to administer oaths.
(G) Procedures. The Commission shall establish by its rules and regulations, procedures that will enable the Commission to conduct a fair and impartial hearing on the charges, preserving the rights of all parties involved.
(Res. passed 10-17-2012)