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91_SB0575sam001
LRB9102339PTpkam03
1 AMENDMENT TO SENATE BILL 575
2 AMENDMENT NO. . Amend Senate Bill 575 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Chicago Park District Act is amended by
5 changing Sections 3, 5, 14, and 16a and adding Section 15e as
6 follows:
7 (70 ILCS 1505/3) (from Ch. 105, par. 333.3)
8 Sec. 3. Commissioners; corporate body. There shall be 7
9 commissioners of the Chicago Park District. Within 30 days
10 after the effective date of this amendatory Act of 1988 the
11 Mayor of the City of Chicago, with the approval of the City
12 Council, shall appoint the 2 additional commissioners of the
13 Chicago Park District authorized by this amendatory Act of
14 1988, one to serve a term ending June 30, 1992, and the other
15 to serve a term ending June 30, 1993, as designated by the
16 Mayor. The 5 commissioners holding office on the effective
17 date of this amendatory Act of 1988 shall continue in office
18 until his or her term otherwise ends.
19 Annually in the same manner as the original appointments
20 are made, a commissioner shall be appointed to succeed each
21 commissioner whose term then expires to serve for a term of 5
22 years and until his or her successor is appointed and
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1 qualified. Vacancies in the office of commissioner shall be
2 filled by appointment by the mayor with the approval of the
3 City Council.
4 Each commissioner shall be a legal voter of and reside
5 within the district and before entering upon the duties of
6 his or her office shall take and subscribe an oath to
7 faithfully discharge his or her duties as commissioner. Each
8 commissioner shall be required to post a bond in the sum of
9 $50,000 for the use and benefit of the district subject to
10 the approval of the Circuit Court of Cook County with whom
11 such bond shall be posted.
12 In performing their functions as commissioners for the
13 Chicago Park District, the commissioners are subject to the
14 Public Officer Prohibited Activities Act. It shall be a petty
15 offense for any commissioner to be directly or indirectly
16 pecuniarily interested in any contract or work of any kind
17 whatever connected with said park district, and any contract
18 in which any commissioners shall be directly or indirectly
19 interested shall be null and void.
20 From the time of the beginning of the term of the first
21 commissioners, the Chicago Park District shall constitute a
22 body politic and corporate and by such name and style may sue
23 and be sued, contract and be contracted with, acquire and
24 hold real property necessary for corporate purposes, and
25 adopt a common seal and alter the same at pleasure.
26 (Source: P.A. 85-1411.)
27 (70 ILCS 1505/5) (from Ch. 105, par. 333.5)
28 Sec. 5. General superintendent; Director of Human
29 Resources. The commissioners of the Chicago Park District
30 shall appoint a general superintendent. Such superintendent
31 shall be chosen without regard to his or her political
32 affiliations and upon the sole basis of his or her
33 administrative and technical qualifications to manage the
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1 affairs of the district. He or she shall be a citizen of the
2 United States and a resident of the district.
3 Notwithstanding anything to the contrary in Section 2 of
4 the Park System Civil Service Act "An Act relating to the
5 civil service in park systems", approved June 10, 1911, as
6 now or hereafter amended, or any other law, the commissioners
7 shall appoint a Director of Human Resources superintendent of
8 employment. The Director of Human Resources superintendent
9 of employment shall be a citizen of the United States and a
10 resident of the district.
11 (Source: P.A. 85-1411.)
12 (70 ILCS 1505/14) (from Ch. 105, par. 333.14)
13 Sec. 14. Civil service. The Park System Civil Service
14 Act "An Act relating to the civil service in park systems",
15 approved June 10, 1911, as amended, shall apply to the
16 Chicago Park District, and upon the coming into effect of
17 this act there shall be appointed but one Director of Human
18 Resources superintendent of employment and but one civil
19 service board for such district.
20 Every officer and employe in the classified civil service
21 at the time this Act takes effect shall be assigned to a
22 position having, so far as possible, duties equivalent to his
23 former office or employment, and such officers and employes
24 shall have the same standing, grade, and privilege which they
25 respectively had in the districts from which they were
26 transferred, subject, however, to existing and future civil
27 service laws. This Section shall not be construed to require
28 the retention of more officers and employes than are
29 necessary to the proper performance of the functions of the
30 Chicago Park District and the rules of the civil service
31 board made in pursuance of the civil service law shall
32 control in the making of layoffs and reinstatements of such
33 officers and employes as are not necessary to be retained.
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1 This act shall in no way be construed to affect the operation
2 of Article 5 or Article 12 of the "Illinois Pension Code" as
3 the same may from time to time be amended, nor to affect the
4 rights of employees to pensions or annuities nor any taxes
5 authorized to be levied therefor. In the case of employes and
6 policemen of superseded park districts not having annuity
7 benefit funds retained as employes or policemen of the
8 Chicago Park District such employes and policemen shall have
9 the right to enter as new employes and policemen.
10 (Source: Laws 1963, p. 147.)
11 (70 ILCS 1505/15e new)
12 Sec. l5e. Sale or other transfer and lease of real
13 estate.
14 (a) Any real estate owned or held by the Chicago Park
15 District not exceeding 3 acres in area may be sold or
16 otherwise transferred to any individual or entity, provided
17 that the board shall first have determined the sale or
18 transfer to be in the best interests of the district. Before
19 the sale or other transfer, a notice of the proposal to sell
20 shall be published once each week for 3 successive weeks in a
21 daily or weekly paper published in the City of Chicago or
22 County of Cook. The first publication may not be less than 30
23 days before the day provided in the notice for the opening of
24 bids for the real estate. The Chicago Park District may
25 accept the highest responsible bid or any other bid
26 determined to be in the best interest of the Chicago Park
27 District or may reject any and all bids by an affirmative
28 vote of at least 4 commissioners.
29 (b) Any real estate owned or held by the Chicago Park
30 District that exceeds 3 acres in area may be sold or
31 otherwise transferred to any individual or entity, provided
32 that the board shall first have determined the sale or
33 transfer to be in the best interests of the district and
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1 provided that the sale or transfer shall first be approved by
2 the Circuit Court of Cook County. Before the sale or other
3 transfer, a notice of the proposal to sell shall be published
4 once each week for 3 successive weeks in a daily or weekly
5 paper published in the City of Chicago or County of Cook.
6 The first publication may not be less than 30 days before the
7 day provided in the notice for the opening of bids for the
8 real estate. The Chicago Park District may accept the highest
9 responsible bid or any other bid determined to be in the best
10 interest of the Chicago Park District or may reject any and
11 all bids by an affirmative vote of at least 4 commissioners.
12 (c) In addition to any other power provided in this
13 Section, the Chicago Park District may lease, sublease,
14 assign, or otherwise transfer less than a fee simple interest
15 in any real estate lands, riparian estates or rights, or
16 other property (including abandoned railroad rights-of-way)
17 to or from any person or persons, provided that the board
18 shall first have determined the lease, sublease, assignment,
19 other transfer of less than a fee simple interest to be in
20 the best interests of the district. The real estate may be
21 leased, subleased, assigned, or otherwise transferred to or
22 from any person or persons for any consideration acceptable
23 to the Chicago Park District. The term of the lease,
24 sublease, assignment, or other transfer may not exceed 99
25 years.
26 (d) The exemption from property taxes for park district
27 property shall not be affected by any transaction in which,
28 for the purpose of obtaining financing, a park district,
29 directly or indirectly, leases or otherwise transfers the
30 property to another whose property is not exempt and
31 immediately thereafter enters into a leaseback or other
32 agreement that, directly or indirectly, gives the park
33 district a right to use, control, and possess the property.
34 In the case of a conveyance of the property, the park
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1 district must retain an option to purchase the property at a
2 future date or, within the limitations period for reverters,
3 the property must revert back to the park district.
4 (e) If the property has been conveyed as described in
5 subsection (c), the property will no longer be exempt
6 pursuant to this Section as of the date when:
7 (1) the right of the park district to use, control,
8 and possess the property has been terminated;
9 (2) the park district no longer has an option to
10 purchase or otherwise acquire the property; and
11 (3) there is no provision for a reverter of the
12 property to the park district within the limitations
13 period for reverters.
14 (f) Pursuant to Sections 15-15 and 15-20 of the Property
15 Tax Code, the park district shall notify the chief county
16 assessment officer of any transaction under subsection (c) of
17 this Section. The chief county assessment officer shall
18 determine initial and continuing compliance with the
19 requirements of this Section for tax exemption. Failure to
20 notify the chief county assessment officer of a transaction
21 under this Section or to otherwise comply with the
22 requirements of Sections 15-15 and 15-20 of the Property Tax
23 Code shall, in the discretion of the chief county assessment
24 officer, constitute cause to terminate the exemption,
25 notwithstanding any other provision of this Code.
26 (g) No provision of this Section shall be construed to
27 affect the obligation of the park district to which an
28 exemption certificate has been issued under this Section from
29 its obligation under Section 15-10 of the Property Tax Code
30 to file an annual certificate of status or to notify the
31 chief county assessment officer of transfers of interest or
32 other changes in the status of the property as required by
33 the Property Tax Code.
34 (h) The changes made by this amendatory Act of the 91st
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1 General Assembly are declarative of existing law and shall
2 not be construed as a new enactment.
3 (70 ILCS 1505/16a) (from Ch. 105, par. 333.16a)
4 Sec. 16a. Personnel code.
5 (a) Notwithstanding the provisions of the Park System
6 Civil Service Act or the provisions of any other law, the
7 board of commissioners by ordinance may establish a personnel
8 code for the Chicago Park District creating a system of
9 personnel administration based on merit principles and
10 scientific methods.
11 (b) The passage by the board of commissioners of a
12 personnel code that complies with the provisions of this
13 Section shall suspend the applicability to the Chicago Park
14 District of the Park System Civil Service Act. That Act shall
15 again become applicable to the Chicago Park District
16 immediately upon the repeal by the board of commissioners of
17 the personnel code or of any provision of that Code that is
18 required by this Section.
19 (c) Any personnel code passed by the board of
20 commissioners under the authority of this Section shall
21 contain provisions necessary to create a personnel system
22 based on merit principles and scientific methods and shall at
23 a minimum contain the following provisions:
24 (1) The code shall create the office of Director of
25 Human Resources Superintendent of Employment. The
26 Director of Human Resources Superintendent of Employment
27 shall be a resident of the district and shall be
28 appointed by the board of commissioners.
29 (2) The code shall provide for a personnel board
30 consisting of 3 members. Two members shall be
31 commissioners and the third shall be the Director of
32 Human Resources Superintendent of Employment or the
33 person lawfully acting in that capacity. Terms for
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1 members shall be prescribed by the personnel code. The
2 commissioner members of the personnel board shall serve
3 without compensation but shall be reimbursed for
4 necessary travel and other expenses. The personnel board
5 may administer oaths, subpoena witnesses, and compel the
6 production of books and papers pertinent to any hearing
7 authorized by this Section. Any circuit court, upon
8 application by the personnel board or any member of the
9 board, may, in its discretion, compel the attendance of
10 witnesses, the production of books and papers, and the
11 giving of testimony before the board or its hearing
12 officer in relation to a hearing. Any person who shall
13 refuse to comply with a lawfully served order to appear
14 or testify before the personnel board or its hearing
15 officer, or to produce books and papers relevant to the
16 hearing as commanded in a lawfully served subpoena, shall
17 be guilty of a Class B misdemeanor. Any person who,
18 having taken an oath or made affirmation before the board
19 or its hearing officer, knowingly swears or affirms
20 falsely is guilty of perjury and upon conviction shall be
21 punished accordingly.
22 (3) The code shall subject all positions of
23 employment in the Park District to the jurisdiction of
24 the personnel board, with the exception of offices or
25 high-ranking senior executive positions, confidential
26 positions, or special program positions that cannot be
27 subject to career service due to program requirements.
28 The board of commissioners shall, by resolution,
29 specifically exempt those offices or positions from the
30 jurisdiction of the personnel board.
31 (4) The substantive provisions of the code shall
32 provide, at a minimum, for the following:
33 (A) With the exceptions listed below, all
34 vacancies in positions of employment subject to the
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1 jurisdiction of the personnel board shall be filled
2 only after providing reasonable public notice of the
3 vacancy and inviting those who meet the published
4 minimum requirements for the position as further
5 provided in this Section to apply for it. The
6 district shall specify in the announcement of the
7 vacancy the minimum requirements necessary to be
8 considered for the position, as contained in the
9 official position description for the position. The
10 district shall specify in the announcement of the
11 vacancy whether competition for the vacancy is open
12 to non-employees of the district, or to employees of
13 the district, or to both. The district may dispense
14 with this requirement of public announcement when a
15 vacancy, for reasons promoting the efficiency of the
16 district service, is to be filled by demotion,
17 recall from layoff or leave of absence, or lateral
18 transfer of an employee; or as the result of a
19 lawful order of a court, arbitrator, or
20 administrative agency; or as the result of a bona
21 fide settlement of a legal claim; or in accordance
22 with the provisions of this Section governing
23 emergency appointments; or as a result of a
24 reclassification of an employee's job title made in
25 accordance with rules prescribed by the district for
26 correcting misclassifications; or as the result of a
27 need to correct or avoid violations of any ethics
28 ordinance of the district.
29 (B) All vacancies that have been publicly
30 announced in accordance with the provisions of
31 subparagraph (A) of this paragraph (4) shall
32 thereafter be filled by a competitive evaluation of
33 the relative qualifications of those who apply for
34 it. Any method of evaluation shall be reasonably
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1 designed to select candidates on the basis of
2 job-related criteria. The personnel board shall
3 prescribe by rule the various methods of evaluation
4 that may be used. The public announcement of the
5 vacancy shall specify the method that will be used
6 for the particular vacancy. The Director of Human
7 Resources Superintendent of Employment shall
8 document the process of conducting each competitive
9 evaluation for each vacancy in sufficient detail
10 that the personnel board may determine the process
11 by which, and the basis on which, the person
12 selected to fill the vacancy was selected.
13 (C) The district, where it determines that it
14 is in the interest of the efficiency of the service,
15 may specify reasonable lines of promotion or "career
16 ladder" progressions grouping related positions. The
17 district may, in its discretion, restrict
18 competition for a particular vacancy (i) to existing
19 employees who seek promotion to that vacancy from
20 the position class at the next lower step in the
21 relevant line of promotion or career ladder
22 progression or (ii) if there is no such lower step,
23 to existing employees seeking promotion from a
24 particular job classification or classifications
25 whose duties are reasonably related to the duties of
26 the vacancy being filled. No restriction of
27 competition for a vacancy to be filled by promotion
28 shall be applied unless the line of promotion or
29 similar restriction has first been approved by the
30 personnel board.
31 (D) Persons appointed to a position of
32 permanent employment shall acquire "career service"
33 status following successful completion of a 6-month
34 period of probation.
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1 (E) The district may prescribe reasonable
2 rules that extend appropriate preference in filling
3 vacancies to qualified persons who have been members
4 of the armed forces of the United States in time of
5 hostilities with a foreign country or to qualified
6 persons who, while citizens of the United States,
7 were members of the armed forces of allies of the
8 United States in time of hostilities with a foreign
9 country. A "time of hostilities with a foreign
10 country" means the period of time from December 7,
11 1941, to December 31, 1945, and from June 27, 1950,
12 to December 31, 1976 and during any other period
13 prescribed by the Board of Commissioners to take
14 account of periods in which the armed forces were
15 subjected to the risks of hostilities with a foreign
16 country. To qualify for this preference, a person
17 must have served in the armed forces for at least 6
18 months, been discharged on the ground of hardship,
19 or been released from active duty because of a
20 service-connected disability; the person must not
21 have received a dishonorable discharge.
22 (F) The district may make emergency
23 appointments without public announcement or
24 competition where immediate appointment is required
25 for reasons of the security or safety of the public
26 or of the district's property. Emergency
27 appointments shall be immediately reported to the
28 personnel board, which may disapprove them and order
29 them ended. No emergency appointment may last more
30 than 30 days, and no emergency appointment shall be
31 renewed.
32 (G) The district may make temporary
33 appointments to positions in which it is determined
34 by the personnel board that the continuous services
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1 of the employee will be needed for less than 12
2 months. Appointments shall be made by public
3 announcement and competitive methods as provided in
4 subparagraph (A) of this paragraph (4), but the
5 employee thus appointed shall not acquire career
6 service status during the period of his or her
7 temporary appointment.
8 (H) The district may transfer employees
9 without competitive procedures from a position to a
10 similar position involving similar qualifications,
11 duties, responsibilities, and salary ranges.
12 (I) The district may make layoffs by reason of
13 lack of funds or work, abolition of a position, or
14 material change in duties or organization. The
15 personnel code may provide for reemployment of
16 employees so laid off, giving consideration in both
17 layoffs and reemployment to performance record,
18 seniority in service, and impact on achieving equal
19 employment opportunity goals.
20 (J) Any employee with career service status
21 shall be discharged or suspended without pay for
22 more than 30 days only for cause and only upon
23 written charges for the discharge or suspension. The
24 employee shall have an opportunity to appeal the
25 action to the personnel board and to receive a
26 hearing before the personnel board or a hearing
27 officer appointed by it. The district may suspend,
28 without pay, the charged employee pending a hearing
29 and determination of an appeal by the personnel
30 board. All final administrative decisions by the
31 personnel board discharging or suspending, for more
32 than 30 days, an employee with career service status
33 are subject to judicial review under the
34 Administrative Review Law.
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1 (K) The district shall extend, to persons who
2 are working in a position in which they lawfully
3 acquired civil service status by virtue of being
4 examined under the Park System Civil Service Act,
5 career service status in that position without
6 further examination.
7 (L) In filling any position subject to the
8 jurisdiction of the personnel board and not exempted
9 under paragraph (3) of subsection (c), the district
10 shall take no account, whether favorably or
11 unfavorably, of any candidate's political
12 affiliation, political preferences or views, or
13 service to any political party or organization. The
14 district shall maintain procedures through which
15 employees may complain of violations of this
16 prohibition and through which any established
17 violation may be corrected.
18 (M) The district shall provide, by rule of the
19 personnel board, by collective bargaining agreements
20 with the appropriate collective bargaining
21 representatives, or both, for continued recognition
22 of any right acquired on or before the effective
23 date of this amendatory Act of 1991 by an employee
24 of the district to be employed or reemployed, as the
25 result of a layoff or a recall, in a position in
26 which the employee previously held civil service
27 status. Those previously acquired rights may be
28 modified by mutual agreement between the district
29 and the appropriate collective bargaining
30 representative.
31 (N) The code shall provide that in filling
32 vacancies, the district will follow the provisions
33 of any lawful affirmative action plan approved by
34 the board of commissioners.
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1 (O) The code shall set forth specific
2 standards of employee performance that all district
3 employees shall be required to follow.
4 (5) The code shall provide for the preparation,
5 maintenance, and revision by the personnel board of a
6 position classification plan for all positions of
7 employment within the district, based on similarity of
8 duties performed, responsibilities assigned, and
9 conditions of employment, so that the same schedule of
10 pay may be equitably applied to all positions in the same
11 class. Every class of positions shall have a position
12 description approved by the personnel board, specifying
13 the duties expected of the occupant of the position, the
14 minimum requirements of education, training, or
15 experience required for the position, and any other
16 information the personnel board by rule may prescribe for
17 inclusion in the position descriptions. No position
18 shall be filled, and no salary or other remuneration paid
19 to an occupant of a position, until the position has been
20 incorporated by the personnel board into the position
21 classification plan.
22 (6) The code shall provide for the preparation,
23 maintenance, and revision of a pay plan. The pay plan
24 shall be approved, and all revisions to it shall be
25 approved, by the board of commissioners. The pay plan
26 shall assign rates of pay to each position within the
27 approved position classification plan of the district.
28 No salary for any position of employment in the district
29 shall be paid unless and until that position has been
30 lawfully included in the pay plan. Nothing in this
31 Section shall relieve the district from the obligation to
32 bargain over rates of pay under the Illinois Public Labor
33 Relations Act or any other statute that regulates the
34 labor relations of the district.
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1 (7) The code shall provide that no disbursing or
2 auditing officer of the district shall make or approve
3 any payment for personal service to any person holding a
4 position in the service of the district unless the
5 payroll voucher or account of the payment bears the
6 certification of the Director of Human Resources
7 Superintendent of Employment that each person named
8 therein has been appointed and employed in accordance
9 with the provisions of the personnel code and the
10 provisions of this Section. The certification shall be
11 based either upon verification of the individual items in
12 each payroll period or upon procedures developed for
13 avoiding unnecessary repetitive verification when other
14 evidence of compliance with applicable laws and rules is
15 available. The procedures may be based either upon a
16 continuation of payroll preparation by individual
17 departments or upon the use of a central payroll
18 preparation unit. The Director of Human Resources
19 Superintendent of Employment shall furnish the personnel
20 board with a copy of each payroll as certified.
21 (Source: P.A. 87-354; 87-895.)
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.".