093_SB0408eng SB408 Engrossed LRB093 03998 EFG 11028 b 1 AN ACT concerning sanitary districts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Metropolitan Water Reclamation District 5 Act is amended by changing Section 4 as follows: 6 (70 ILCS 2605/4) (from Ch. 42, par. 323) 7 Sec. 4. The commissioners elected under this Act 8 constitute a board of commissioners for the district by which 9 they are elected, which board of commissioners is the 10 corporate authority of the sanitary district, and, in 11 addition to all other powers specified in this Act, shall 12 establish the policies and goals of the sanitary district. 13 The general superintendent, in addition to all other powers 14 specified in this Act, shall manage and control all the 15 affairs and property of the sanitary district and shall 16 regularly report to the Board of Commissioners on the 17 activities of the sanitary district in executing the policies 18 and goals established by the board. At the regularly 19 scheduled meeting of odd numbered years following the 20 induction of new commissioners the board of commissioners 21 shall elect from its own number a president and a 22 vice-president to serve in the absence of the president, and 23 the chairman of the committee on finance. The board shall 24 provide by rule when a vacancy occurs in the office of the 25 president, vice-president, or the chairman of the committee 26 on finance and the manner of filling such vacancy. 27 The board shall appoint from outside its own number the 28 general superintendent and treasurer for the district. 29 The general superintendent must be a resident of the 30 sanitary district and a citizen of the United States. He 31 must be selected solely upon his administrative and technical SB408 Engrossed -2- LRB093 03998 EFG 11028 b 1 qualifications and without regard to his political 2 affiliations. 3 In the event of illness or other prolonged absence, death 4 or resignation creating a vacancy in the office of the 5 general superintendent, or treasurer, the board of 6 commissioners may appoint an acting officer from outside its 7 own number, to perform the duties and responsibilities of the 8 office during the term of the absence or vacancy. 9 The general superintendent with the advice and consent of 10 the board of commissioners, shall appoint the chief engineer, 11 chief of maintenance and operations, director of personnel, 12 purchasing agent, clerk, attorney, director of research and 13 development, and director of information technology. These 14 constitute the heads of the Department of Engineering, 15 Maintenance and Operations, Personnel, Purchasing, Finance, 16 Law, Research and Development, and Information Technology, 17 respectively. No other departments or heads of departments 18 may be created without subsequent amendment to this Act. All 19 such department heads are under the direct supervision of the 20 general superintendent. 21 The director of personnel must be qualified under Section 22 4.2a of this Act. 23 The purchasing agent must be selected in accordance with 24 Section 11.16 of this Act. 25 In the event of illness or other prolonged absence, death 26 or resignation creating a vacancy in the office of chief 27 engineer, chief of maintenance and operations, director of 28 personnel, purchasing agent, clerk, attorney, director of 29 research and development, or director of information 30 technology, the general superintendent shall appoint an 31 acting officer to perform the duties and responsibilities of 32 the office during the term of the absence or vacancy. Any 33 such officers appointed in an acting capacity are under the 34 direct supervision of the general superintendent. SB408 Engrossed -3- LRB093 03998 EFG 11028 b 1 All appointive officers and acting officers shall give 2 bond as may be required by the board. 3 The general superintendent, treasurer, acting general 4 superintendent and acting treasurer hold their offices at the 5 pleasure of the board of commissioners. 6 The acting chief engineer, acting chief of maintenance 7 and operations, acting purchasing agent, acting director of 8 personnel, acting clerk, acting attorney, acting director of 9 research and development, and acting director of information 10 technology hold their offices at the pleasure of the general 11 superintendent. 12 The chief engineer, chief of maintenance and operations, 13 director of personnel, purchasing agent, clerk, attorney, 14 director of research and development, and director of 15 information technology may be removed from office for cause 16 by the general superintendent. Prior to removal, such 17 officers are entitled to a public hearing before the general 18 superintendent at which hearing they may be represented by 19 counsel. Before the hearing, the general superintendent 20 shall notify the board of commissioners of the date, time, 21 place and nature of the hearing. 22 In addition to the attorney appointed by the general 23 superintendent, the board of commissioners may appoint from 24 outside its own number an attorney, or retain counsel, to 25 advise the board of commissioners with respect to its powers 26 and duties and with respect to legal questions and matters of 27 policy for which the board of commissioners is responsible. 28 The general superintendent is the chief administrative 29 officer of the district, has supervision over and is 30 responsible for all administrative and operational matters of 31 the sanitary district including the duties of all employees 32 which are not otherwise designated by law, and is the 33 appointing authority as specified in Section 4.11 of this 34 Act. SB408 Engrossed -4- LRB093 03998 EFG 11028 b 1 The board, through the budget process, shall setfixthe 2 compensation of all the officers and employees of the 3 sanitary district. Any incumbent of the office of president 4 may appoint an administrative aide which appointment remains 5 in force during his incumbency unless revoked by the 6 president. 7 Effective upon the election in January, 1985 of the 8 president and vice-president of the board of commissioners 9 and the chairman of the committee on finance, the annual 10 salary of the president shall be $37,500 and shall be 11 increased to $39,500 in January, 1987, $41,500 in January, 12 1989, $50,000 in January, 1991, and $60,000 in January, 2001; 13 the annual salary of the vice-president shall be $35,000 and 14 shall be increased to $37,000 in January, 1987, $39,000 in 15 January, 1989, $45,000 in January, 1991, and $55,000 in 16 January, 2001; the annual salary of the chairman of the 17 committee on finance shall be $32,500 and shall be increased 18 to $34,500 in January, 1987, $36,500 in January, 1989, 19 $45,000 in January, 1991, and $55,000 in January, 2001. 20 The annual salaries of the other members of the Board 21 shall be as follows: 22 For the three members elected in November, 1980, $26,500 23 per annum for the first two years of the term; $28,000 per 24 annum for the next two years of the term and $30,000 per 25 annum for the last two years. 26 For the three members elected in November, 1982, $28,000 27 per annum for the first two years of the term and $30,000 per 28 annum thereafter. 29 For members elected in November, 1984, $30,000 per annum. 30 For the three members elected in November, 1986, $32,000 31 for each of the first two years of the term, $34,000 for each 32 of the next two years and $36,000 for the last two years; 33 For three members elected in November, 1988, $34,000 for 34 each of the first two years of the term and $36,000 for each SB408 Engrossed -5- LRB093 03998 EFG 11028 b 1 year thereafter. 2 For members elected in November, 1990, 1992, 1994, 1996, 3 or 1998, $40,000. 4 For members elected in November, 2000 and thereafter, 5 $50,000. 6 Notwithstanding the other provisions of this Section, the 7 board, through the budget process and with a 2/3 vote, may 8 set the compensation of its members elected in November, 2004 9 and thereafter. 10 The board of commissioners has full power to pass all 11 necessary ordinances, orders, rules, resolutions and 12 regulations for the proper management and conduct of the 13 business of the board of commissioners and the corporation 14 and for carrying into effect the object for which the 15 sanitary district is formed. All ordinances, orders, rules, 16 resolutions and regulations passed by the board of 17 commissioners must, before they take effect, be approved by 18 the president of the board of commissioners. If he approves 19 thereof, he shall sign them, and such as he does not approve 20 he shall return to the board of commissioners with his 21 objections in writing at the next regular meeting of the 22 board of commissioners occurring after the passage thereof. 23 Such veto may extend to any one or more items or 24 appropriations contained in any ordinance making an 25 appropriation, or to the entire ordinance. If the veto 26 extends to a part of such ordinance, the residue takes 27 effect. If the president of such board of commissioners 28 fails to return any ordinance, order, rule, resolution or 29 regulation with his objections thereto in the time required, 30 he is deemed to have approved it, and it takes effect 31 accordingly. Upon the return of any ordinance, order, rule, 32 resolution, or regulation by the president, the vote by which 33 it was passed must be reconsidered by the board of 34 commissioners, and if upon such reconsideration two-thirds of SB408 Engrossed -6- LRB093 03998 EFG 11028 b 1 all the members agree by yeas and nays to pass it, it takes 2 effect notwithstanding the president's refusal to approve 3 thereof. 4 It is the policy of this State that all powers granted, 5 either expressly or by necessary implication, by this Act or 6 any other Illinois statute to the District may be exercised 7 by the District notwithstanding effects on competition. It is 8 the intention of the General Assembly that the "State action 9 exemption" to the application of federal antitrust statutes 10 be fully available to the District to the extent its 11 activities are authorized by law as stated herein. 12 (Source: P.A. 91-722, eff. 6-2-00.) 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.