Public Act 094-1069
 
SB0185 Enrolled LRB094 06143 EFG 36208 b

    AN ACT concerning the Metropolitan Water Reclamation
District.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Metropolitan Water Reclamation District Act
is amended by changing Section 4 as follows:
 
    (70 ILCS 2605/4)  (from Ch. 42, par. 323)
    Sec. 4. The commissioners elected under this Act constitute
a board of commissioners for the district by which they are
elected, which board of commissioners is the corporate
authority of the sanitary district, and, in addition to all
other powers specified in this Act, shall establish the
policies and goals of the sanitary district. The general
superintendent, in addition to all other powers specified in
this Act, shall manage and control all the affairs and property
of the sanitary district and shall regularly report to the
Board of Commissioners on the activities of the sanitary
district in executing the policies and goals established by the
board. At the regularly scheduled meeting of odd numbered years
following the induction of new commissioners the board of
commissioners shall elect from its own number a president and a
vice-president to serve in the absence of the president, and
the chairman of the committee on finance. The board shall
provide by rule when a vacancy occurs in the office of the
president, vice-president, or the chairman of the committee on
finance and the manner of filling such vacancy.
    The board shall appoint from outside its own number the
general superintendent and treasurer for the district.
    The general superintendent must be a resident of the
sanitary district and a citizen of the United States. He must
be selected solely upon his administrative and technical
qualifications and without regard to his political
affiliations.
    In the event of illness or other prolonged absence, death
or resignation creating a vacancy in the office of the general
superintendent, or treasurer, the board of commissioners may
appoint an acting officer from outside its own number, to
perform the duties and responsibilities of the office during
the term of the absence or vacancy.
    The general superintendent with the advice and consent of
the board of commissioners, shall appoint the chief engineer,
chief of maintenance and operations, director of personnel,
purchasing agent, clerk, attorney, director of research and
development, and director of information technology. These
constitute the heads of the Department of Engineering,
Maintenance and Operations, Personnel, Purchasing, Finance,
Law, Research and Development, and Information Technology,
respectively. No other departments or heads of departments may
be created without subsequent amendment to this Act. All such
department heads are under the direct supervision of the
general superintendent.
    The director of personnel must be qualified under Section
4.2a of this Act.
    The purchasing agent must be selected in accordance with
Section 11.16 of this Act.
    In the event of illness or other prolonged absence, death
or resignation creating a vacancy in the office of chief
engineer, chief of maintenance and operations, director of
personnel, purchasing agent, clerk, attorney, director of
research and development, or director of information
technology, the general superintendent shall appoint an acting
officer to perform the duties and responsibilities of the
office during the term of the absence or vacancy. Any such
officers appointed in an acting capacity are under the direct
supervision of the general superintendent.
    All appointive officers and acting officers shall give bond
as may be required by the board.
    The general superintendent, treasurer, acting general
superintendent and acting treasurer hold their offices at the
pleasure of the board of commissioners.
    The acting chief engineer, acting chief of maintenance and
operations, acting purchasing agent, acting director of
personnel, acting clerk, acting attorney, acting director of
research and development, and acting director of information
technology hold their offices at the pleasure of the general
superintendent.
    The chief engineer, chief of maintenance and operations,
director of personnel, purchasing agent, clerk, attorney,
director of research and development, and director of
information technology may be removed from office for cause by
the general superintendent. Prior to removal, such officers are
entitled to a public hearing before the general superintendent
at which hearing they may be represented by counsel. Before the
hearing, the general superintendent shall notify the board of
commissioners of the date, time, place and nature of the
hearing.
    In addition to the attorney appointed by the general
superintendent, the board of commissioners may appoint from
outside its own number an attorney, or retain counsel, to
advise the board of commissioners with respect to its powers
and duties and with respect to legal questions and matters of
policy for which the board of commissioners is responsible.
    The general superintendent is the chief administrative
officer of the district, has supervision over and is
responsible for all administrative and operational matters of
the sanitary district including the duties of all employees
which are not otherwise designated by law, and is the
appointing authority as specified in Section 4.11 of this Act.
    The board, through the budget process, shall set fix the
compensation of all the officers and employees of the sanitary
district. Any incumbent of the office of president may appoint
an administrative aide which appointment remains in force
during his incumbency unless revoked by the president.
    Effective upon the election in January, 1985 of the
president and vice-president of the board of commissioners and
the chairman of the committee on finance, the annual salary of
the president shall be $37,500 and shall be increased to
$39,500 in January, 1987, $41,500 in January, 1989, $50,000 in
January, 1991, and $60,000 in January, 2001; the annual salary
of the vice-president shall be $35,000 and shall be increased
to $37,000 in January, 1987, $39,000 in January, 1989, $45,000
in January, 1991, and $55,000 in January, 2001; the annual
salary of the chairman of the committee on finance shall be
$32,500 and shall be increased to $34,500 in January, 1987,
$36,500 in January, 1989, $45,000 in January, 1991, and $55,000
in January, 2001.
    The annual salaries of the other members of the Board shall
be as follows:
    For the three members elected in November, 1980, $26,500
per annum for the first two years of the term; $28,000 per
annum for the next two years of the term and $30,000 per annum
for the last two years.
    For the three members elected in November, 1982, $28,000
per annum for the first two years of the term and $30,000 per
annum thereafter.
    For members elected in November, 1984, $30,000 per annum.
    For the three members elected in November, 1986, $32,000
for each of the first two years of the term, $34,000 for each
of the next two years and $36,000 for the last two years;
    For three members elected in November, 1988, $34,000 for
each of the first two years of the term and $36,000 for each
year thereafter.
    For members elected in November, 1990, 1992, 1994, 1996, or
1998, $40,000.
    For members elected in November, 2000 and thereafter,
$50,000.
    Notwithstanding the other provisions of this Section, the
board, prior to January 1, 2007 and with a two-thirds vote, may
increase the annual rate of compensation at a separate flat
amount for each of the following: the president, the
vice-president, the chairman of the committee on finance, and
the other members; the increased annual rate of compensation
shall apply to all such officers and members whose terms as
members of the board commence after the increase in
compensation is adopted by the board.
    The board of commissioners has full power to pass all
necessary ordinances, orders, rules, resolutions and
regulations for the proper management and conduct of the
business of the board of commissioners and the corporation and
for carrying into effect the object for which the sanitary
district is formed. All ordinances, orders, rules, resolutions
and regulations passed by the board of commissioners must,
before they take effect, be approved by the president of the
board of commissioners. If he approves thereof, he shall sign
them, and such as he does not approve he shall return to the
board of commissioners with his objections in writing at the
next regular meeting of the board of commissioners occurring
after the passage thereof. Such veto may extend to any one or
more items or appropriations contained in any ordinance making
an appropriation, or to the entire ordinance. If the veto
extends to a part of such ordinance, the residue takes effect.
If the president of such board of commissioners fails to return
any ordinance, order, rule, resolution or regulation with his
objections thereto in the time required, he is deemed to have
approved it, and it takes effect accordingly. Upon the return
of any ordinance, order, rule, resolution, or regulation by the
president, the vote by which it was passed must be reconsidered
by the board of commissioners, and if upon such reconsideration
two-thirds of all the members agree by yeas and nays to pass
it, it takes effect notwithstanding the president's refusal to
approve thereof.
    It is the policy of this State that all powers granted,
either expressly or by necessary implication, by this Act or
any other Illinois statute to the District may be exercised by
the District notwithstanding effects on competition. It is the
intention of the General Assembly that the "State action
exemption" to the application of federal antitrust statutes be
fully available to the District to the extent its activities
are authorized by law as stated herein.
(Source: P.A. 91-722, eff. 6-2-00.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.