SB1222 98TH GENERAL ASSEMBLY

LRB098 06133 JDS 36174 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1222

Introduced 1/30/2013, by Sen. Matt Murphy

SYNOPSIS AS INTRODUCED:

5 ILCS 120/2	from Ch. 102, par. 42
55 ILCS 5/5-1100.5 new
60 ILCS 1/80-13 new
65 ILCS 5/3.1-50-30 new
30 ILCS 805/8.37 new

Amends the Open Meetings Act, the Counties Code, the Township Code, and the Illinois Municipal Code to require that, before the county board, the township board, or the corporate authorities of a municipality may vote on an officer's or employee's increase in earnings that exceeds his or her earnings for the previous calendar year by more than 6%, the county board, the township board, or the corporate authorities shall conduct a public hearing addressing the proposed increase in earnings. Requires publication of notice of the public hearing. Pre-empts home rule powers. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning local government employees.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Open Meetings Act is amended by changing Section 2 as follows:

(5 ILCS 120/2) (from Ch. 102, par. 42)

Sec. 2. Open meetings.

(a) Openness required. All meetings of public bodies shall be open to the public unless excepted in subsection (c) and closed in accordance with Section 2a.

(b) Construction of exceptions. The exceptions contained in subsection (c) are in derogation of the requirement that public bodies meet in the open, and therefore, the exceptions are to be strictly construed, extending only to subjects clearly within their scope. The exceptions authorize but do not require the holding of a closed meeting to discuss a subject included within an enumerated exception.

(c) Exceptions. A public body may hold closed meetings to consider the following subjects:

(1) Except as provided in Section 5-1100.5 of the Counties Code, Section 80-13 of the Township Code, and Section 3.1-50-30 of the Illinois Municipal Code, the The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity.

(2) Collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees.

(3) The selection of a person to fill a public office, as defined in this Act, including a vacancy in a public office, when the public body is given power to appoint under law or ordinance, or the discipline, performance or removal of the occupant of a public office, when the public body is given power to remove the occupant under law or ordinance.

(4) Evidence or testimony presented in open hearing, or in closed hearing where specifically authorized by law, to a quasi-adjudicative body, as defined in this Act, provided that the body prepares and makes available for public inspection a written decision setting forth its determinative reasoning.

(5) The purchase or lease of real property for the use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired.

(6) The setting of a price for sale or lease of property owned by the public body.

(7) The sale or purchase of securities, investments, or investment contracts. This exception shall not apply to the investment of assets or income of funds deposited into the Illinois Prepaid Tuition Trust Fund.

(8) Security procedures and the use of personnel and equipment to respond to an actual, a threatened, or a reasonably potential danger to the safety of employees, students, staff, the public, or public property.

(9) Student disciplinary cases.

(10) The placement of individual students in special education programs and other matters relating to individual students.

(11) Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting.

(12) The establishment of reserves or settlement of claims as provided in the Local Governmental and Governmental Employees Tort Immunity Act, if otherwise the disposition of a claim or potential claim might be prejudiced, or the review or discussion of claims, loss or risk management information, records, data, advice or communications from or with respect to any insurer of the public body or any intergovernmental risk management association or self insurance pool of which the public body is a member.

(13) Conciliation of complaints of discrimination in the sale or rental of housing, when closed meetings are authorized by the law or ordinance prescribing fair housing practices and creating a commission or administrative agency for their enforcement.

(14) Informant sources, the hiring or assignment of undercover personnel or equipment, or ongoing, prior or future criminal investigations, when discussed by a public body with criminal investigatory responsibilities.

(15) Professional ethics or performance when considered by an advisory body appointed to advise a licensing or regulatory agency on matters germane to the advisory body's field of competence.

(16) Self evaluation, practices and procedures or professional ethics, when meeting with a representative of a statewide association of which the public body is a member.

(17) The recruitment, credentialing, discipline or formal peer review of physicians or other health care professionals for a hospital, or other institution providing medical care, that is operated by the public body.

(18) Deliberations for decisions of the Prisoner Review Board.

(19) Review or discussion of applications received under the Experimental Organ Transplantation Procedures Act.

(20) The classification and discussion of matters classified as confidential or continued confidential by the State Government Suggestion Award Board.

(21) Discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06.

(22) Deliberations for decisions of the State Emergency Medical Services Disciplinary Review Board.

(23) The operation by a municipality of a municipal utility or the operation of a municipal power agency or municipal natural gas agency when the discussion involves (i) contracts relating to the purchase, sale, or delivery of electricity or natural gas or (ii) the results or conclusions of load forecast studies.

(24) Meetings of a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.

(25) Meetings of an independent team of experts under Brian's Law.

(26) Meetings of a mortality review team appointed under the Department of Juvenile Justice Mortality Review Team Act.

(27) Confidential information, when discussed by one or more members of an elder abuse fatality review team, designated under Section 15 of the Elder Abuse and Neglect Act, while participating in a review conducted by that team of the death of an elderly person in which abuse or neglect is suspected, alleged, or substantiated; provided that before the review team holds a closed meeting, or closes an open meeting, to discuss the confidential information, each participating review team member seeking to disclose the confidential information in the closed meeting or closed portion of the meeting must state on the record during an open meeting or the open portion of a meeting the nature of the information to be disclosed and the legal basis for otherwise holding that information confidential.

(28) Correspondence and records (i) that may not be disclosed under Section 11-9 of the Public Aid Code or (ii) that pertain to appeals under Section 11-8 of the Public Aid Code.

(29) Meetings between internal or external auditors and governmental audit committees, finance committees, and their equivalents, when the discussion involves internal control weaknesses, identification of potential fraud risk areas, known or suspected frauds, and fraud interviews conducted in accordance with generally accepted auditing standards of the United States of America.

(d) Definitions. For purposes of this Section:

"Employee" means a person employed by a public body whose relationship with the public body constitutes an employer-employee relationship under the usual common law rules, and who is not an independent contractor.

"Public office" means a position created by or under the Constitution or laws of this State, the occupant of which is charged with the exercise of some portion of the sovereign power of this State. The term "public office" shall include members of the public body, but it shall not include organizational positions filled by members thereof, whether established by law or by a public body itself, that exist to assist the body in the conduct of its business.

"Quasi-adjudicative body" means an administrative body charged by law or ordinance with the responsibility to conduct hearings, receive evidence or testimony and make determinations based thereon, but does not include local electoral boards when such bodies are considering petition challenges.

(e) Final action. No final action may be taken at a closed meeting. Final action shall be preceded by a public recital of the nature of the matter being considered and other information that will inform the public of the business being conducted.

(Source: P.A. 96-1235, eff. 1-1-11; 96-1378, eff. 7-29-10; 96-1428, eff. 8-11-10; 97-318, eff. 1-1-12; 97-333, eff. 8-12-11; 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff. 8-1-12.)

Section 10. The Counties Code is amended by adding Section 5-1100.5 as follows:

(55 ILCS 5/5-1100.5 new)

Sec. 5-1100.5. Salary increases; public hearing. Before the county board may vote on an officer's or employee's increase in salary that exceeds his or her salary for the previous calendar year by more than 6%, the county board shall conduct a public hearing addressing the proposed increase in salary. The county board shall cause to be prepared a notice of the public hearing stating the date, time, place, and purpose of the hearing. The county board shall cause the notice to be published in a newspaper of general circulation in the county not less than 15 nor more than 30 days before the date of the hearing. At the public hearing, all persons desiring to offer statements or other evidence in support of or in opposition to the proposed increase in salary shall be afforded an opportunity to do so orally, in writing, or both, prior to the vote on the increase.

No county, including a home rule county, may act in a manner inconsistent with this Section. This Section is a denial and limitation of home rule powers under subsection (i) of Section 6 of Article VII of the Illinois Constitution.

Section 15. The Township Code is amended by adding Section 80-13 as follows:

(60 ILCS 1/80-13 new)

Sec. 80-13. Salary increases; public hearing. Before the township board may vote on an officer's or employee's increase in salary that exceeds his or her salary for the previous calendar year by more than 6%, the township board shall conduct a public hearing addressing the proposed increase in salary. The township board shall cause to be prepared a notice of the public hearing stating the date, time, place, and purpose of the hearing. The township board shall cause the notice to be published in a newspaper of general circulation in the township not less than 15 nor more than 30 days before the date of the hearing. At the public hearing, all persons desiring to offer statements or other evidence in support of or in opposition to the proposed increase in salary shall be afforded an opportunity to do so orally, in writing, or both, prior to the vote on the increase.

Section 20. The Illinois Municipal Code is amended by adding Section 3.1-50-30 as follows:

(65 ILCS 5/3.1-50-30 new)

Sec. 3.1-50-30. Salary increases; public hearing. Before the corporate authorities of a municipality may vote on an officer's or employee's increase in salary that exceeds his or her salary for the previous calendar year by more than 6%, the corporate authorities shall conduct a public hearing addressing the proposed increase in salary. The corporate authorities shall cause to be prepared a notice of the public hearing stating the date, time, place, and purpose of the hearing. The corporate authorities shall cause the notice to be published in a newspaper of general circulation in the municipality not less than 15 nor more than 30 days before the date of the hearing. At the public hearing, all persons desiring to offer statements or other evidence in support of or in opposition to the proposed increase in salary shall be afforded an opportunity to do so orally, in writing, or both, prior to the vote on the increase.

No municipality, including a home rule municipality, may act in a manner inconsistent with this Section. This Section is a denial and limitation of home rule powers under subsection (i) of Section 6 of Article VII of the Illinois Constitution.

Section 90. The State Mandates Act is amended by adding Section 8.37 as follows:

(30 ILCS 805/8.37 new)

Sec. 8.37. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 98th General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.