Public Act 097-0124
 
HB1760 EnrolledLRB097 05377 RLJ 45434 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 Metropolitan Water Reclamation District Act
is amended by changing Sections 4.9, 4.10, and 4.11 as follows:
 
    (70 ILCS 2605/4.9)  (from Ch. 42, par. 323.9)
    Sec. 4.9. From the return or reports of examiners, or from
the examinations which he or she has made, the Director shall
prepare a register for each grade or class of positions in the
classified service of the sanitary district of the persons who
shall attain such minimum mark as may be fixed by the Director
for any part of such examination, and whose general average
standing upon examination for such grade or class is not less
than the minimum fixed by the rules of the Director, and who
are otherwise eligible; and such persons shall take rank upon
the register as candidates in the order of their relative
excellence as determined by examination, without reference to
priority of time of examination. The Director may substitute
categories designated as A, B, and C such as excellent, well
qualified, and qualified, for numerical ratings and establish
eligible registers accordingly. The notice of examination
shall specify the category or categories upon which selection
will be made.
(Source: P.A. 82-1046.)
 
    (70 ILCS 2605/4.10)  (from Ch. 42, par. 323.10)
    Sec. 4.10. Promotions. The Director shall note of record
the duties (whether imposed by law, official regulation or
practice) of each classification in the classified service, and
shall thereupon by rule fix lines for promotion from lower
classifications to higher classifications in all cases where,
in his or her judgment, the experience gained in the lower
classification may tend to qualify an employee to perform the
duties of a higher classification. In case of vacancy in higher
classifications, which cannot be filled by reinstatement, the
Director shall hold promotional examinations to fill such
vacancy. Incumbents of classifications in lines of promotion
established by the Director shall be solely eligible for such
examination, unless in the judgment of the Director, it is for
the best interests of the service that original examination for
such vacancy be held. In promotional examinations, efficiency
and seniority in service shall form a part of such examination,
but combined shall not carry a weight of more than 25% of the
total examination points. Although efficiency and seniority in
service shall not carry a weight of more than 25% of the total
examination points, the Director may require candidates to
separately pass the efficiency and seniority parts of the
examination in order for the candidates to be eligible to take
the subsequent parts of the examination. If the Director
requires candidates to separately pass the efficiency and
seniority parts of the examination, then any candidate who does
not pass the efficiency and seniority parts of the examination
shall fail the entire examination. All examinations for
promotion shall be competitive. The method of examination, the
rules governing the same, and the method of certifying shall be
the same as provided for in the original examination.
(Source: P.A. 90-315, eff. 1-1-98.)
 
    (70 ILCS 2605/4.11)  (from Ch. 42, par. 323.11)
    Sec. 4.11. Appointments. Whenever a position classified
under this Act is to be filled, except the positions of deputy
director of engineering, deputy director of monitoring and
research, deputy director of maintenance and operations,
assistant director of engineering, assistant director of
maintenance and operations, deputy general counsel, head
assistant attorneys, assistant director of monitoring and
research, assistant director of information technology,
comptroller, assistant treasurer, assistant director of
procurement and materials management, assistant director of
human resources, and laborers, the Executive Director
appointing officer shall make requisition upon the Director,
and the Director shall certify to him or her from the register
of eligibles for the position the names and addresses (a) of
the five candidates standing highest upon the register of
eligibles for the position, or (b) of the candidates within the
A category highest ranking group upon the register of eligibles
if the register is by categories designated as A, B, and C such
as excellent, well qualified, and qualified, provided,
however, that any certification shall consist of at least 5
candidates names, if available. If fewer than 5 candidates are
in the A category, then the The Director shall also certify all
of the candidates in the B category. If fewer than 5 candidates
are in the A and B categories combined, then the Director shall
also certify all of the candidates in the C category names from
succeeding categories in the order of excellence of the
categories until at least 5 names are provided to the
appointing officer. The Executive Director appointing officer
shall notify the Director of each position to be filled
separately and shall fill the position by appointment of one of
the certified candidates persons certified to him by the
Director. The Executive Director's appointment decision shall
be final and not subject to review. An appointed candidate
Appointments shall be a probationary appointee on probation for
a period to be fixed by the rules, not exceeding 250 days
worked by the probationary appointee in the position of
probationary appointment one year. At any time during the
period of probation, the Executive Director appointing officer
with the approval of the Director may terminate discharge a
probationary appointee person so certified and shall forthwith
notify the civil service board in writing of the termination;
however, the Executive Director's termination of a
probationary appointee shall be final and not subject to review
this discharge. If a probationary appointee person is not
terminated discharged, his or her appointment shall be deemed
complete.
    When there is no eligible list, the Executive Director
appointing officer may, with the authority of the Director,
make a temporary appointment to remain in force only until a
permanent appointment from an eligible register or list can be
made in the manner specified in the previous provisions of this
Section, and examinations to supply an eligible list therefor
shall be held and an eligible list established therefrom within
one year from the making of such appointment. The acceptance or
refusal by an eligible person of a temporary appointment does
not affect his or her standing on the register for permanent
appointment.
    In employment of an essentially temporary and transitory
nature, the Executive Director appointing officer may, with the
authority of the Director of Human Resources make temporary
appointments. No temporary appointment of an essentially
temporary and transitory nature may be granted for a period of
more than 119 consecutive or non-consecutive working days per
calendar year. The Director must include in his or her annual
report, and if required by the commissioners, in any special
report, a statement of all temporary appointments made
authorities granted during the year or period specified by the
commissioners, together with a statement of the facts in each
case because of which the authority was granted.
    All laborers shall be appointed by the Executive Director
and shall be on probation for a period to be fixed by the
rules, not exceeding 250 days worked by the laborer in the
position of the probationary appointment. At any time during
the period of a laborer's probation, the Executive Director
with the approval of the Director may terminate a laborer's
probationary appointment and shall notify the civil service
board in writing of the termination; however, the Executive
Director's termination of a laborer's probationary appointment
shall be final and not subject to review. If a laborer's
probationary appointment is not terminated, the appointment
shall be deemed complete one year.
    The positions of deputy director of engineering, deputy
director of monitoring and research, deputy director of
maintenance and operations, assistant director of engineering,
assistant director of maintenance and operations, deputy
general counsel, head assistant attorneys, assistant director
of monitoring and research, assistant director of information
technology, comptroller, assistant treasurer, assistant
director of procurement and materials management, and
assistant director of human resources shall be appointed by the
Executive Director upon the recommendation of the respective
department head and shall be on probation for a period to be
fixed by the rules, not exceeding two years. At any time during
the period of probation, the Executive Director on the
recommendation of the department head concerned, may terminate
any such probationary appointee discharge a person so appointed
and he or she shall forthwith notify the Civil Service Board in
writing of the termination; however, the Executive Director's
termination of a probationary appointee shall be final and not
subject to review such discharge. If a probationary appointee a
person is not terminated so discharged, his or her appointment
shall be deemed complete under the laws governing the
classified civil service.
(Source: P.A. 94-680, eff. 11-3-05; 95-345, eff. 1-1-08;
95-923, eff. 1-1-09.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.