Public Act 101-0308
 
SB0584 EnrolledLRB101 04346 AWJ 49354 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Metro-East Sanitary District Act of 1974 is
amended by changing Sections 3-1 and 3-3 as follows:
 
    (70 ILCS 2905/3-1)  (from Ch. 42, par. 503-1)
    Sec. 3-1. The district shall be governed by a Board of
Commissioners, consisting of 5 commissioners. Two Three of the
commissioners shall be residents of that portion of the
district in the county having the greater equalized assessed
valuation of the district, and 2 shall be residents of that
portion of the district in the other county. The appointment of
commissioners from each county shall be made by the chairman of
the county board of that county with the advice and consent of
the county board, except that in the case of a home rule county
as defined by Article VII, Section 6, of the Constitution of
1970 the appointment shall be made by the chief executive
officer of the county with the advice and consent of the county
board. Beginning on the effective date of this amendatory Act
of the 101st General Assembly, the mayor, or his or her
designee, of the largest municipality in the county having the
greater equalized assessed valuation of the district shall be
an ex officio commissioner with a right to vote. If there is
not a vacant commissioner position from the county having the
greater equalized assessed valuation on the effective date of
this amendatory Act of the 101st General Assembly, then the
term of the last appointed commissioner from that county is
terminated on the effective date of this amendatory Act of the
101st General Assembly.
    The appointed commissioners from each county may not be
from the same political party. Of the 5 commissioners, no more
than 3 may be of the same political party. Of the 3
commissioners from the county entitled to 3 appointments, no
more than 2 may be of the same political party. The 2
commissioners from the other county shall not be of the same
political party.
    The County Board Chairman of either county may remove any
of the appointed commissioners from his or her county with the
advice and consent of the county board.
    In the first appointments to the Board of Commissioners,
the appointing authority appointing 3 directors shall
designate one appointee to serve for a term of one year, one
for a term of 3 years and one for a term of 5 years, and the
appointing authority appointing 2 directors shall designate
one to serve for a term of 2 years and one for a term of 4
years. Thereafter one commissioner shall be appointed by the
appropriate appointing authority each year for a term of 5
years to succeed the director whose term expires in that year.
Any vacancy on the Board of Commissioners shall be filled by
appointment by the appropriate appointing authority for the
remainder of the unexpired term.
    For the purpose of determining the ex officio commissioner,
the county having the greater equalized assessed valuation of
the district shall be established on January 1 of each year,
and the ex officio commissioner shall serve until January 1 of
the following year. If the relative equalized assessed
valuation changes so that the position of the 2 counties with
respect to majority and minority representation on the board is
reversed, the next appointment that would otherwise have been
made by the appointing authority for the county formerly
entitled to 3 directors shall be made by the appointing
authority for the other county.
(Source: P.A. 83-1422.)
 
    (70 ILCS 2905/3-3)  (from Ch. 42, par. 503-3)
    Sec. 3-3. (a) The board of commissioners shall be the
corporate authority of the district. The board shall appoint an
Executive Director who shall be the chief executive and
administrative officer of the district and who shall have the
powers provided in Article 4 of this Act. The Executive
Director shall be a resident of the district.
    The Executive Director's contract shall not: (1) be for a
period longer than 1 year; (2) contain provisions allowing
retroactive pay; (3) contain provisions allowing bonus pay; (4)
limit termination for cause to a specific time period; (5)
contain provisions allowing severance pay; (6) contain
provisions allowing mutual non-disparaging agreements; or (7)
contain provisions allowing arbitration.
    The board may select a clerk and a treasurer.
    The board shall, at its first meeting each year, select a
president from its own membership.
    (b) The board of commissioners shall maintain the
facilities and properties under the district's control, or
supervision for purposes of maintenance, in compliance with the
standards prescribed by the Department of Natural Resources.
(Source: P.A. 89-445, eff. 2-7-96.)