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91_SB0575
LRB9102339PTpk
1 AN ACT concerning the Chicago Park District.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Park District Code is amended by changing
5 Section 1-2 as follows:
6 (70 ILCS 1205/1-2) (from Ch. 105, par. 1-2)
7 Sec. 1-2. Intent and construction.
8 (a) It is the intent of this codification that from and
9 after its effective date, all existing park districts
10 heretofore organized, together with all districts hereafter
11 organized under this Code, shall have identical powers,
12 duties and purposes except for those instances where specific
13 powers, duties or forms of organization are expressly
14 conferred upon or prescribed for Submerged Land Park
15 Districts, Pleasure Driveway and Park Districts or Township
16 Park Districts, as in this Code provided by specific
17 designation.
18 (b) Construction. The provisions of this Code, so far as
19 they are the same or substantially the same as those of any
20 prior statute, shall be construed as a continuation of such
21 prior provisions and not as a new enactment.
22 (c) If in any other statute reference is made to an Act
23 of the General Assembly or a Section of such an Act which is
24 continued in this Code, such reference shall be held to refer
25 to the Act or Section thereof so continued in this Code.
26 (d) Nothing set forth herein shall be construed to
27 disturb, alter, amend, or limit, or broaden the powers of the
28 Chicago Park District or any other park district heretofore
29 formed under special charter. In addition to the powers
30 specifically enumerated in the Chicago Park District Act, the
31 Chicago Park District shall also have any specifically
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1 enumerated power contained in the Park District Code but only
2 to the extent that the exercise of such powers is not
3 contrary to a specifically enumerated power or limitation in
4 the Chicago Park District Act.
5 (e) Where reference in this Code is made to a specific
6 Article or Section but no Act is specified, the reference is
7 to an Article or Section of this Code and to all amendments
8 thereto which may be hereafter enacted.
9 (f) Where reference in this Code is made for any purpose
10 to another Act, either specifically or generally, the
11 reference shall be to that Act and all amendments thereto now
12 in force or which may be hereafter enacted.
13 (g) The provisions of this Code shall be cumulative in
14 effect and if any provision is inconsistent with another
15 provision of this Code or with any other Act not expressly
16 repealed by Section One of Article Twelve hereof, it shall be
17 considered as an alternative or additional power and not as a
18 limitation upon any other power granted to or possessed by
19 any park district.
20 (h) If any provision of this Code is held invalid, the
21 invalidity of that provision shall not affect any of the
22 other provisions of this Code.
23 (Source: Laws 1951, p. 113.)
24 Section 10. The Chicago Park District Act is amended by
25 changing Sections 3, 5, 14, and 16a and adding Sections 15e
26 and 20d as follows:
27 (70 ILCS 1505/3) (from Ch. 105, par. 333.3)
28 Sec. 3. Commissioners; corporate body. There shall be 7
29 commissioners of the Chicago Park District. Within 30 days
30 after the effective date of this amendatory Act of 1988 the
31 Mayor of the City of Chicago, with the approval of the City
32 Council, shall appoint the 2 additional commissioners of the
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1 Chicago Park District authorized by this amendatory Act of
2 1988, one to serve a term ending June 30, 1992, and the other
3 to serve a term ending June 30, 1993, as designated by the
4 Mayor. The 5 commissioners holding office on the effective
5 date of this amendatory Act of 1988 shall continue in office
6 until his or her term otherwise ends.
7 Annually in the same manner as the original appointments
8 are made, a commissioner shall be appointed to succeed each
9 commissioner whose term then expires to serve for a term of 5
10 years and until his or her successor is appointed and
11 qualified. Vacancies in the office of commissioner shall be
12 filled by appointment by the mayor with the approval of the
13 City Council.
14 Each commissioner shall be a legal voter of and reside
15 within the district and before entering upon the duties of
16 his or her office shall take and subscribe an oath to
17 faithfully discharge his or her duties as commissioner. Each
18 commissioner shall be required to post a bond in the sum of
19 $50,000 for the use and benefit of the district subject to
20 the approval of the Circuit Court of Cook County with whom
21 such bond shall be posted.
22 In performing their functions as commissioners for the
23 Chicago Park District, the commissioners are subject to the
24 Public Officer Prohibited Activities Act. It shall be a petty
25 offense for any commissioner to be directly or indirectly
26 pecuniarily interested in any contract or work of any kind
27 whatever connected with said park district, and any contract
28 in which any commissioners shall be directly or indirectly
29 interested shall be null and void.
30 From the time of the beginning of the term of the first
31 commissioners, the Chicago Park District shall constitute a
32 body politic and corporate and by such name and style may sue
33 and be sued, contract and be contracted with, acquire and
34 hold real property necessary for corporate purposes, and
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1 adopt a common seal and alter the same at pleasure.
2 (Source: P.A. 85-1411.)
3 (70 ILCS 1505/5) (from Ch. 105, par. 333.5)
4 Sec. 5. General superintendent; Director of Human
5 Resources. The commissioners of the Chicago Park District
6 shall appoint a general superintendent. Such superintendent
7 shall be chosen without regard to his or her political
8 affiliations and upon the sole basis of his or her
9 administrative and technical qualifications to manage the
10 affairs of the district. He or she shall be a citizen of the
11 United States and a resident of the district.
12 Notwithstanding anything to the contrary in Section 2 of
13 the Park System Civil Service Act "An Act relating to the
14 civil service in park systems", approved June 10, 1911, as
15 now or hereafter amended, or any other law, the commissioners
16 shall appoint a Director of Human Resources superintendent of
17 employment. The Director of Human Resources superintendent
18 of employment shall be a citizen of the United States and a
19 resident of the district.
20 (Source: P.A. 85-1411.)
21 (70 ILCS 1505/14) (from Ch. 105, par. 333.14)
22 Sec. 14. Civil service. The Park System Civil Service
23 Act "An Act relating to the civil service in park systems",
24 approved June 10, 1911, as amended, shall apply to the
25 Chicago Park District, and upon the coming into effect of
26 this act there shall be appointed but one Director of Human
27 Resources superintendent of employment and but one civil
28 service board for such district.
29 Every officer and employe in the classified civil service
30 at the time this Act takes effect shall be assigned to a
31 position having, so far as possible, duties equivalent to his
32 former office or employment, and such officers and employes
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1 shall have the same standing, grade, and privilege which they
2 respectively had in the districts from which they were
3 transferred, subject, however, to existing and future civil
4 service laws. This Section shall not be construed to require
5 the retention of more officers and employes than are
6 necessary to the proper performance of the functions of the
7 Chicago Park District and the rules of the civil service
8 board made in pursuance of the civil service law shall
9 control in the making of layoffs and reinstatements of such
10 officers and employes as are not necessary to be retained.
11 This act shall in no way be construed to affect the operation
12 of Article 5 or Article 12 of the "Illinois Pension Code" as
13 the same may from time to time be amended, nor to affect the
14 rights of employees to pensions or annuities nor any taxes
15 authorized to be levied therefor. In the case of employes and
16 policemen of superseded park districts not having annuity
17 benefit funds retained as employes or policemen of the
18 Chicago Park District such employes and policemen shall have
19 the right to enter as new employes and policemen.
20 (Source: Laws 1963, p. 147.)
21 (70 ILCS 1505/15e new)
22 Sec. l5e. Sale or other transfer and lease of real
23 estate.
24 (a) Any real estate owned or held by the Chicago Park
25 District may be sold or otherwise transferred to any
26 individual or entity, provided that the board shall first
27 have determined the sale or transfer to be in the best
28 interests of the district. Before the sale or other
29 transfer, a notice of the proposal to sell shall be published
30 once each week for 3 successive weeks in a daily or weekly
31 paper published in the City of Chicago or County of Cook. The
32 first publication may not be less than 30 days before the day
33 provided in the notice for the opening of bids for the real
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1 estate. The Chicago Park District may accept the highest
2 responsible bid or any other bid determined to be in the best
3 interest of the Chicago Park District or may reject any and
4 all bids by an affirmative vote of at least 4 commissioners.
5 If only one bid or if no bid is received, then the board may
6 reject the single bid, if any, and may enter into
7 negotiations for sale or transfer of the real estate to any
8 person.
9 (b) In addition to any other power provided in this
10 Section, the Chicago Park District may lease any property to
11 or from any person, provided that the board shall first have
12 determined the lease to be in the best interests of the
13 district. The real estate may be leased to or from any
14 person for any consideration acceptable to the Chicago Park
15 District. The lease may not exceed 99 years.
16 (70 ILCS 1505/16a) (from Ch. 105, par. 333.16a)
17 Sec. 16a. Personnel code.
18 (a) Notwithstanding the provisions of the Park System
19 Civil Service Act or the provisions of any other law, the
20 board of commissioners by ordinance may establish a personnel
21 code for the Chicago Park District creating a system of
22 personnel administration based on merit principles and
23 scientific methods.
24 (b) The passage by the board of commissioners of a
25 personnel code that complies with the provisions of this
26 Section shall suspend the applicability to the Chicago Park
27 District of the Park System Civil Service Act. That Act shall
28 again become applicable to the Chicago Park District
29 immediately upon the repeal by the board of commissioners of
30 the personnel code or of any provision of that Code that is
31 required by this Section.
32 (c) Any personnel code passed by the board of
33 commissioners under the authority of this Section shall
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1 contain provisions necessary to create a personnel system
2 based on merit principles and scientific methods and shall at
3 a minimum contain the following provisions:
4 (1) The code shall create the office of Director of
5 Human Resources Superintendent of Employment. The
6 Director of Human Resources Superintendent of Employment
7 shall be a resident of the district and shall be
8 appointed by the board of commissioners.
9 (2) The code shall provide for a personnel board
10 consisting of 3 members. Two members shall be
11 commissioners and the third shall be the Director of
12 Human Resources Superintendent of Employment or the
13 person lawfully acting in that capacity. Terms for
14 members shall be prescribed by the personnel code. The
15 commissioner members of the personnel board shall serve
16 without compensation but shall be reimbursed for
17 necessary travel and other expenses. The personnel board
18 may administer oaths, subpoena witnesses, and compel the
19 production of books and papers pertinent to any hearing
20 authorized by this Section. Any circuit court, upon
21 application by the personnel board or any member of the
22 board, may, in its discretion, compel the attendance of
23 witnesses, the production of books and papers, and the
24 giving of testimony before the board or its hearing
25 officer in relation to a hearing. Any person who shall
26 refuse to comply with a lawfully served order to appear
27 or testify before the personnel board or its hearing
28 officer, or to produce books and papers relevant to the
29 hearing as commanded in a lawfully served subpoena, shall
30 be guilty of a Class B misdemeanor. Any person who,
31 having taken an oath or made affirmation before the board
32 or its hearing officer, knowingly swears or affirms
33 falsely is guilty of perjury and upon conviction shall be
34 punished accordingly.
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1 (3) The code shall subject all positions of
2 employment in the Park District to the jurisdiction of
3 the personnel board, with the exception of offices or
4 high-ranking senior executive positions, confidential
5 positions, or special program positions that cannot be
6 subject to career service due to program requirements.
7 The board of commissioners shall, by resolution,
8 specifically exempt those offices or positions from the
9 jurisdiction of the personnel board.
10 (4) The substantive provisions of the code shall
11 provide, at a minimum, for the following:
12 (A) With the exceptions listed below, all
13 vacancies in positions of employment subject to the
14 jurisdiction of the personnel board shall be filled
15 only after providing reasonable public notice of the
16 vacancy and inviting those who meet the published
17 minimum requirements for the position as further
18 provided in this Section to apply for it. The
19 district shall specify in the announcement of the
20 vacancy the minimum requirements necessary to be
21 considered for the position, as contained in the
22 official position description for the position. The
23 district shall specify in the announcement of the
24 vacancy whether competition for the vacancy is open
25 to non-employees of the district, or to employees of
26 the district, or to both. The district may dispense
27 with this requirement of public announcement when a
28 vacancy, for reasons promoting the efficiency of the
29 district service, is to be filled by demotion,
30 recall from layoff or leave of absence, or lateral
31 transfer of an employee; or as the result of a
32 lawful order of a court, arbitrator, or
33 administrative agency; or as the result of a bona
34 fide settlement of a legal claim; or in accordance
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1 with the provisions of this Section governing
2 emergency appointments; or as a result of a
3 reclassification of an employee's job title made in
4 accordance with rules prescribed by the district for
5 correcting misclassifications; or as the result of a
6 need to correct or avoid violations of any ethics
7 ordinance of the district.
8 (B) All vacancies that have been publicly
9 announced in accordance with the provisions of
10 subparagraph (A) of this paragraph (4) shall
11 thereafter be filled by a competitive evaluation of
12 the relative qualifications of those who apply for
13 it. Any method of evaluation shall be reasonably
14 designed to select candidates on the basis of
15 job-related criteria. The personnel board shall
16 prescribe by rule the various methods of evaluation
17 that may be used. The public announcement of the
18 vacancy shall specify the method that will be used
19 for the particular vacancy. The Director of Human
20 Resources Superintendent of Employment shall
21 document the process of conducting each competitive
22 evaluation for each vacancy in sufficient detail
23 that the personnel board may determine the process
24 by which, and the basis on which, the person
25 selected to fill the vacancy was selected.
26 (C) The district, where it determines that it
27 is in the interest of the efficiency of the service,
28 may specify reasonable lines of promotion or "career
29 ladder" progressions grouping related positions. The
30 district may, in its discretion, restrict
31 competition for a particular vacancy (i) to existing
32 employees who seek promotion to that vacancy from
33 the position class at the next lower step in the
34 relevant line of promotion or career ladder
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1 progression or (ii) if there is no such lower step,
2 to existing employees seeking promotion from a
3 particular job classification or classifications
4 whose duties are reasonably related to the duties of
5 the vacancy being filled. No restriction of
6 competition for a vacancy to be filled by promotion
7 shall be applied unless the line of promotion or
8 similar restriction has first been approved by the
9 personnel board.
10 (D) Persons appointed to a position of
11 permanent employment shall acquire "career service"
12 status following successful completion of a 6-month
13 period of probation.
14 (E) The district may prescribe reasonable
15 rules that extend appropriate preference in filling
16 vacancies to qualified persons who have been members
17 of the armed forces of the United States in time of
18 hostilities with a foreign country or to qualified
19 persons who, while citizens of the United States,
20 were members of the armed forces of allies of the
21 United States in time of hostilities with a foreign
22 country. A "time of hostilities with a foreign
23 country" means the period of time from December 7,
24 1941, to December 31, 1945, and from June 27, 1950,
25 to December 31, 1976 and during any other period
26 prescribed by the Board of Commissioners to take
27 account of periods in which the armed forces were
28 subjected to the risks of hostilities with a foreign
29 country. To qualify for this preference, a person
30 must have served in the armed forces for at least 6
31 months, been discharged on the ground of hardship,
32 or been released from active duty because of a
33 service-connected disability; the person must not
34 have received a dishonorable discharge.
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1 (F) The district may make emergency
2 appointments without public announcement or
3 competition where immediate appointment is required
4 for reasons of the security or safety of the public
5 or of the district's property. Emergency
6 appointments shall be immediately reported to the
7 personnel board, which may disapprove them and order
8 them ended. No emergency appointment may last more
9 than 30 days, and no emergency appointment shall be
10 renewed.
11 (G) The district may make temporary
12 appointments to positions in which it is determined
13 by the personnel board that the continuous services
14 of the employee will be needed for less than 12
15 months. Appointments shall be made by public
16 announcement and competitive methods as provided in
17 subparagraph (A) of this paragraph (4), but the
18 employee thus appointed shall not acquire career
19 service status during the period of his or her
20 temporary appointment.
21 (H) The district may transfer employees
22 without competitive procedures from a position to a
23 similar position involving similar qualifications,
24 duties, responsibilities, and salary ranges.
25 (I) The district may make layoffs by reason of
26 lack of funds or work, abolition of a position, or
27 material change in duties or organization. The
28 personnel code may provide for reemployment of
29 employees so laid off, giving consideration in both
30 layoffs and reemployment to performance record,
31 seniority in service, and impact on achieving equal
32 employment opportunity goals.
33 (J) Any employee with career service status
34 shall be discharged or suspended without pay for
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1 more than 30 days only for cause and only upon
2 written charges for the discharge or suspension. The
3 employee shall have an opportunity to appeal the
4 action to the personnel board and to receive a
5 hearing before the personnel board or a hearing
6 officer appointed by it. The district may suspend,
7 without pay, the charged employee pending a hearing
8 and determination of an appeal by the personnel
9 board. All final administrative decisions by the
10 personnel board discharging or suspending, for more
11 than 30 days, an employee with career service status
12 are subject to judicial review under the
13 Administrative Review Law.
14 (K) The district shall extend, to persons who
15 are working in a position in which they lawfully
16 acquired civil service status by virtue of being
17 examined under the Park System Civil Service Act,
18 career service status in that position without
19 further examination.
20 (L) In filling any position subject to the
21 jurisdiction of the personnel board and not exempted
22 under paragraph (3) of subsection (c), the district
23 shall take no account, whether favorably or
24 unfavorably, of any candidate's political
25 affiliation, political preferences or views, or
26 service to any political party or organization. The
27 district shall maintain procedures through which
28 employees may complain of violations of this
29 prohibition and through which any established
30 violation may be corrected.
31 (M) The district shall provide, by rule of the
32 personnel board, by collective bargaining agreements
33 with the appropriate collective bargaining
34 representatives, or both, for continued recognition
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1 of any right acquired on or before the effective
2 date of this amendatory Act of 1991 by an employee
3 of the district to be employed or reemployed, as the
4 result of a layoff or a recall, in a position in
5 which the employee previously held civil service
6 status. Those previously acquired rights may be
7 modified by mutual agreement between the district
8 and the appropriate collective bargaining
9 representative.
10 (N) The code shall provide that in filling
11 vacancies, the district will follow the provisions
12 of any lawful affirmative action plan approved by
13 the board of commissioners.
14 (O) The code shall set forth specific
15 standards of employee performance that all district
16 employees shall be required to follow.
17 (5) The code shall provide for the preparation,
18 maintenance, and revision by the personnel board of a
19 position classification plan for all positions of
20 employment within the district, based on similarity of
21 duties performed, responsibilities assigned, and
22 conditions of employment, so that the same schedule of
23 pay may be equitably applied to all positions in the same
24 class. Every class of positions shall have a position
25 description approved by the personnel board, specifying
26 the duties expected of the occupant of the position, the
27 minimum requirements of education, training, or
28 experience required for the position, and any other
29 information the personnel board by rule may prescribe for
30 inclusion in the position descriptions. No position
31 shall be filled, and no salary or other remuneration paid
32 to an occupant of a position, until the position has been
33 incorporated by the personnel board into the position
34 classification plan.
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1 (6) The code shall provide for the preparation,
2 maintenance, and revision of a pay plan. The pay plan
3 shall be approved, and all revisions to it shall be
4 approved, by the board of commissioners. The pay plan
5 shall assign rates of pay to each position within the
6 approved position classification plan of the district.
7 No salary for any position of employment in the district
8 shall be paid unless and until that position has been
9 lawfully included in the pay plan. Nothing in this
10 Section shall relieve the district from the obligation to
11 bargain over rates of pay under the Illinois Public Labor
12 Relations Act or any other statute that regulates the
13 labor relations of the district.
14 (7) The code shall provide that no disbursing or
15 auditing officer of the district shall make or approve
16 any payment for personal service to any person holding a
17 position in the service of the district unless the
18 payroll voucher or account of the payment bears the
19 certification of the Director of Human Resources
20 Superintendent of Employment that each person named
21 therein has been appointed and employed in accordance
22 with the provisions of the personnel code and the
23 provisions of this Section. The certification shall be
24 based either upon verification of the individual items in
25 each payroll period or upon procedures developed for
26 avoiding unnecessary repetitive verification when other
27 evidence of compliance with applicable laws and rules is
28 available. The procedures may be based either upon a
29 continuation of payroll preparation by individual
30 departments or upon the use of a central payroll
31 preparation unit. The Director of Human Resources
32 Superintendent of Employment shall furnish the personnel
33 board with a copy of each payroll as certified.
34 (Source: P.A. 87-354; 87-895.)
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1 (70 ILCS 1505/20d new)
2 Sec. 20d. Recreational facility revenue bonds.
3 (a) The Chicago Park District may borrow money by issuing
4 bonds in anticipation of revenue from any revenue producing
5 recreational facilities, including swimming pools, water
6 parks, skating rinks, golf courses, fields or field houses,
7 tennis or other racquet or handball courts, or similar
8 facilities, or from fees for specified programs located at
9 the recreational facilities. The bonds must be authorized by
10 ordinance and issued upon the terms and conditions permitted
11 generally under Section 10 of the Local Government Debt
12 Reform Act and bear interest at rates not to exceed the rates
13 stated in the Bond Authorization Act at the time of the
14 making of the contract. A holder of any bond issued under
15 this Section does not have the right to compel any exercise
16 of taxing power of the Chicago Park District to pay the bond
17 or interest on the bond. Each bond issued under this Section
18 is payable from the revenue derived from the operation of the
19 designated recreational facilities or programs. The bonds may
20 not in any event constitute a debt of the Chicago Park
21 District within any statutory or constitutional limitations,
22 and this limitation must be plainly stated on the face of
23 each bond.
24 (b) Bonds may be issued under the provisions of this
25 Section for the purpose of improvements for recreational
26 facilities for the use and benefit of the public, including
27 acquiring, constructing, extending, enlarging, improving,
28 landscaping, and equipping the recreational facilities. The
29 ordinances by which the bonds are issued must set out the
30 estimated cost of the improvements and must fix the maximum
31 amount of bonds proposed to be issued for the improvements.
32 This amount may not exceed the estimated cost of the
33 improvements, including related engineering, legal, and other
34 expenses, together with interest cost to a date 12 months
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1 after the estimated date of completion, and a fund for
2 working capital not to exceed 5% of the aggregate amount
3 authorized. Bonds may also be issued to refund or to advance
4 refund bonds previously issued under this Section and to pay
5 related legal and other expenses of the refunding.
6 (c) When bonds are issued under this Section, the
7 revenues received from the operation of the designated
8 recreational facilities or programs must be deposited into a
9 separate fund that must be used in paying the required bond
10 and operation costs, including the principal of and interest
11 and premium on the designated bonds and reserves for the
12 bonds and the cost of maintenance, operation, and
13 depreciation of the respective recreational facilities in the
14 order of priority as shall be provided by the respective
15 ordinances authorizing the bonds; provided that priority
16 accorded by the ordinances may not be impaired by a
17 subsequent ordinance authorizing bonds unless specifically so
18 permitted by covenant. The revenue in excess of the required
19 bond and operation costs may be limited by covenant to uses
20 as may be specified in the ordinances by which bonds are
21 authorized, but if not so limited, may be available for any
22 corporate purpose.
23 (d) The State, counties, municipalities, and other
24 municipal corporations, political subdivisions, and public
25 bodies, and public officers of any of those governmental
26 entities; banks, bankers, trust companies, savings banks and
27 institutions, building and loan associations, savings and
28 loan associations, investment companies, and other persons
29 carrying on a banking business; insurance companies,
30 insurance associations, and other persons carrying on an
31 insurance business; and executors, administrators, guardians,
32 trustees, and other fiduciaries may legally invest any
33 sinking funds, moneys, or other funds belonging to them or
34 within their control in any bonds, including refunding bonds,
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1 issued under this Section, it being the purpose of this
2 Section to authorize the investment in the bonds of all
3 sinking, insurance, retirement, compensation, pension, and
4 trust funds, whether owned or controlled by private or public
5 persons or officers; provided that nothing contained in this
6 Section may be construed as relieving any person, firm, or
7 corporation from any duty of exercising reasonable care in
8 selecting securities for the purpose of investment.
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.