SB1724 99TH GENERAL ASSEMBLY

LRB099 08574 SXM 28733 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1724

Introduced 2/20/2015, by Sen. Chapin Rose

SYNOPSIS AS INTRODUCED:

110 ILCS 70/36c	from Ch. 24 1/2, par. 38b2
110 ILCS 70/36d	from Ch. 24 1/2, par. 38b3
110 ILCS 70/36e	from Ch. 24 1/2, par. 38b4
110 ILCS 70/36t new

Amends the State Universities Civil Service Act. Terminates the terms of members of the University Civil Service Merit Board and provides for appointment by the Governor instead, with 4 members who are exempt employees of the various State universities, 4 members who are current full-time civil service employees of the various State universities, and 3 members who are representative citizens and who are not current or former employees or current or former members of the Boards of Trustees of a State university. Makes other changes concerning the Merit Board. Provides for the appointment of an Executive Director instead of a Director. Authorizes the Executive Director to appoint a Designated Employer Representative (now, assistant resident) at the place of employment of each specified employer. Makes changes concerning exemptions under the State Universities Civil Service System. Requires the Merit Board to be subject to the Open Meetings Act, the State Records Act, the Illinois Administrative Procedure Act, and the State Officials and Employees Ethics Act.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning education.

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

Section 5. The State Universities Civil Service Act is amended by changing Sections 36c, 36d, and 36e and by adding Section 36t as follows:

(110 ILCS 70/36c) (from Ch. 24 1/2, par. 38b2)

Sec. 36c. The Merit Board merit board.

(a) For purposes of this Section, "State University" means the University of Illinois, Southern Illinois University, Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern Illinois University, Northern Illinois University, and Western Illinois University.

(b) The Merit Board shall be composed of 11 members as follows: , 3 of whom shall be members of the Board of Trustees of the University of Illinois, one of whom

(1) Four Merit Board members shall be appointed by the Governor, from a list of employees of the various State Universities under the jurisdiction of the Merit Board who are considered exempt from the provisions contained in this Act in accordance with subdivisions (2), (3), and (4) of subsection (a) of Section 36e of this Act. The a member of the Board of Trustees of each State University shall submit the name of one of its exempt employees for consideration by the Governor. In this respect, Merit Board appointments shall take into consideration the geographic diversity of the University System. These appointments are subject to the advice and consent of the Senate. Each individual State University shall have no more than one member appointed to the Merit Board in this fashion. The University System shall collect the recommendations submitted in this fashion and submit them to the Governor for consideration and appointment. of Southern Illinois University, one of whom shall be a member of the Board of Trustees of Chicago State University, one of whom shall be a member of the Board of Trustees of Eastern Illinois University, one of whom shall be a member of the Board of Trustees of Governors State University, one of whom shall be a member of the Board of Trustees of Illinois State University, one of whom shall be a member of the Board of Trustees of Northeastern Illinois University, one of whom shall be a member of the Board of Trustees of Northern Illinois University, and one of whom shall be a member of the Board of Trustees of Western Illinois University. The 7 new members required to be elected to the Merit Board by their respective Boards of Trustees shall replace the 2 persons who, until the effective date of this amendatory Act of 1995, served as members of the Merit Board elected from the Board of Governors of State Colleges and Universities and the Board of Regents; and the terms of the members elected to the Merit Board from the Board of Governors of State Colleges and Universities and the Board of Regents shall terminate on the effective date of this amendatory Act of 1995. The members of the Merit Board shall be elected by the respective Boards in which they hold membership and they shall serve at the pleasure of the electing Boards.

(2) Four Merit Board members shall be appointed by the Governor from current full-time civil service employees of the various State Universities under the jurisdiction of the Merit Board. Qualified employees interested in such appointment shall submit nominating petitions to the University System. The University System shall submit these names and nominating petitions to the Governor for consideration and appointment. In this respect, Merit Board appointments shall take into consideration the geographic diversity of the University System. Each individual State University shall have no more than one member appointed to the Merit Board in this fashion. These appointments are subject to the advice and consent of the Senate.

(3) Three Merit Board members shall be appointed by the Governor who are representative citizens and who are not current or former employees or current or former members of the Boards of Trustees of a State University. One member of this group shall be designated by the Governor as the Chairperson of the Merit Board. These appointments are subject to the advice and consent of the Senate.

(c) Members of the Merit Board shall serve 4-year terms; however, 2 members initially appointed under subdivision (1) of subsection (b) of this Section shall be appointed for an initial term of 2 years, 2 members initially appointed under subdivision (2) of subsection (b) of this Section shall be appointed for an initial term of 2 years, and 2 members initially appointed under subdivision (3) of subsection (b) of this Section shall be appointed for an initial term of 2 years, and thereafter appointed for a 4-year term.

(d) No member of the Merit Board who is serving on the effective date of this amendatory Act of the 99th General Assembly shall continue in office after 30 calendar days from the effective date of this amendatory Act of the 99th General Assembly. After 30 calendar days from the effective date of this amendatory Act of the 99th General Assembly, all such appointments to the Merit Board shall be considered vacant and subject to the provisions provided in this amendatory Act of the 99th General Assembly.

(e) All members of the Merit Board shall serve without compensation but shall be reimbursed for any traveling expenses incurred in attending meetings of the Merit Board. Merit Board members as appointed under subdivisions (1) and (2) of subsection (b) of this Section shall maintain full employment status, with wages and benefits to be maintained by their respective employers and shall be reimbursed by their respective employers for meeting and travel expenses.

(f) A majority of those members appointed as provided in this Section shall constitute a quorum of the Merit Board, and a majority of a quorum shall constitute a quorum of a committee of the Merit Board. The Merit Board may shall determine the number necessary for a quorum, elect its own chairman and set up an Executive Committee of its own members, which shall have all of the powers of the Merit Board except as limited by the Merit Board. The Chairperson of the Merit Board shall also serve as a member and Chairperson of the Executive Committee.

(g) The Merit Board shall cause to be elected a committee of not less than eleven members to be made up of Civil Service Employees, six of whom shall be nominated by and from the Civil Service Employees of the University of Illinois and one of whom shall be nominated by and from the Civil Service Employees of each of the other institutions specified in Section 36e, who will function in an advisory capacity to the Merit Board on all matters pertaining to the University System. This Advisory Committee shall meet at least quarterly, and members of the Committee shall maintain full employment status, with wages and benefits to be maintained by their respective employers. Members of the Committee shall be reimbursed by their respective employers for time lost from work and for expenses incurred in attending meetings of the Committee.

(Source: P.A. 89-4, eff. 1-1-96.)

(110 ILCS 70/36d) (from Ch. 24 1/2, par. 38b3)

Sec. 36d. Powers and duties of the Merit Board.

The Merit Board shall have the power and duty: -

(1) To approve a classification plan prepared under its direction, assigning to each class positions of substantially similar duties. The Merit Board shall have power to delegate to its Executive Director the duty of assigning each position in the classified service to the appropriate class in the classification plan approved by the Merit Board.

(2) To prescribe the duties of each class of positions and the qualifications required by employment in that class.

(3) To prescribe the range of compensation for each class or to fix a single rate of compensation for employees in a particular class; and to establish other conditions of employment which an employer and employee representatives have agreed upon as fair and equitable. The Merit Board shall direct the payment of the "prevailing rate of wages" in those classifications in which, on January 1, 1952, any employer is paying such prevailing rate and in such other classes as the Merit Board may thereafter determine. "Prevailing rate of wages" as used herein shall be the wages paid generally in the locality in which the work is being performed to employees engaged in work of a similar character. Each employer covered by the University System shall be authorized to negotiate with representatives of employees to determine appropriate ranges or rates of compensation or other conditions of employment and may recommend to the Merit Board for establishment the rates or ranges or other conditions of employment which the employer and employee representatives have agreed upon as fair and equitable. Any rates or ranges established prior to January 1, 1952, and hereafter, shall not be changed except in accordance with the procedures herein provided.

(4) To recommend to the institutions and agencies specified in Section 36e standards for hours of work, holidays, sick leave, overtime compensation and vacation for the purpose of improving conditions of employment covered therein and for the purpose of insuring conformity with the prevailing rate principal.

(5) To prescribe standards of examination for each class, the examinations to be related to the duties of such class. The Merit Board shall have the power to delegate to the Executive Director and his or her staff the preparation, conduct and grading of examinations. Examinations may be written, oral, by statement of training and experience, in the form of tests of knowledge, skill, capacity, intellect, aptitude; or, by any other method, which in the judgment of the Merit Board is reasonable and practical for any particular classification. Different examining procedures may be determined for the examinations in different classifications but all examinations in the same classification shall be uniform.

(6) To authorize the continuous recruitment of personnel and to that end, to delegate to the Executive Director and his or her staff the power and the duty to conduct open and continuous competitive examinations for all classifications of employment.

(7) To cause to be established from the results of examinations registers for each class of positions in the classified service of the State Universities Civil Service System, of the persons who shall attain the minimum mark fixed by the Merit Board for the examination; and such persons shall take rank upon the registers as candidates in the order of their relative excellence as determined by examination, without reference to priority of time of examination.

(8) To provide by its rules for promotions in the classified service. Vacancies shall be filled by promotion whenever practicable. For the purpose of this paragraph, an advancement in class shall constitute a promotion.

(9) To set a probationary period of employment of no less than 6 months and no longer than 12 months for each class of positions in the classification plan, the length of the probationary period for each class to be determined by the Executive Director.

(10) To provide by its rules for employment at regular rates of compensation of physically handicapped persons in positions in which the handicap does not prevent the individual from furnishing satisfactory service.

(11) To make and publish rules, to carry out the purpose of the State Universities Civil Service System and for examination, appointments, transfers and removals and for maintaining and keeping records of the efficiency of officers and employees and groups of officers and employees in accordance with the provisions of Sections 36b to 36q, inclusive, and said Merit Board may from time to time make changes in such rules.

(12) To appoint an Executive a Director and such assistants and other clerical and technical help as may be necessary to efficiently to administer Sections 36b to 36q, inclusive. To authorize the Executive Director to appoint a Designated Employer Representative (DER) an assistant resident at the place of employment of each employer specified in Section 36e, and this DER assistant may be authorized to give examinations and to certify names from the regional registers provided in Section 36k.

(13) To submit to the Governor of this state on or before November 1 of each year prior to the regular session of the General Assembly a report of the University System's business and an estimate of the amount of appropriation from state funds required for the purpose of administering the University System.

(Source: P.A. 82-524.)

(110 ILCS 70/36e) (from Ch. 24 1/2, par. 38b4)

Sec. 36e. Coverage.

(a) All employees of the Illinois Community College Board, State Community College of East St. Louis (abolished under Section 2-12.1 of the Public Community College Act), Southern Illinois University, Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern Illinois University, Northern Illinois University, Western Illinois University, University of Illinois, State Universities Civil Service System, State Universities Retirement System, the Illinois Student Assistance State Scholarship Commission, and the Board of Higher Education, shall be covered by the University System described in Sections 36b to 36q, inclusive, of this Act, except the following persons:

(1) The members and officers of the Merit Board and the Board board of Trustees trustees, and the commissioners of the institutions and agencies covered hereunder. ;

(2) The presidents and vice-presidents of each educational institution. ;

(3) Other principal administrative appointments employees of each institution and agency, upon approval as determined by the Merit Board, in accordance with the following provisions: ;

(A) No person may be exempt under this subdivision (3) unless his or her position has been revised and approved for exemption by the Merit Board or by the Executive Director as delegated by the Merit Board.

(B) The authority to exempt persons and their corresponding positions under this subdivision (3) lies solely with the Merit Board or the Executive Director as delegated by the Merit Board, and such authority shall not be extended to any other employing institution or agency.

(C) The Merit Board shall provide public notice of each person and his or her corresponding position approved for exemption under this subdivision (3).

(4) The teaching, research and extension faculties of each institution and agency. ;

(5) Students employed under rules prescribed by the Merit Board, without examination or certification.

(b) All persons and their corresponding positions considered to be exempt under this Section are subject to audit and review by the Merit Board or the Executive Director as delegated by the Merit Board.

(Source: P.A. 97-333, eff. 8-12-11.)

(110 ILCS 70/36t new)

Sec. 36t. General provisions.

(a) The Merit Board and any committees and subdivisions thereof are subject to all provisions of the Open Meetings Act. The Merit Board is a "public body" within the meaning of that term as set forth in the Open Meetings Act.

(b) The Merit Board and any committees and subdivisions thereof are subject to all provisions of the State Records Act. The Merit Board is an "agency" within the meaning of that term as set forth in the State Records Act.

(c) Notwithstanding any other provisions of law to the contrary, any authority granted to the Merit Board to make and publish rules is strictly limited to the requirements of the Illinois Administrative Procedure Act, and no authority for the Merit Board to make and publish rules exists outside of the requirements of the Illinois Administrative Procedure Act. The Merit Board is an "agency" within the meaning of that term as set forth in the Illinois Administrative Procedure Act.

(d) The Merit Board and any committees and subdivisions thereof are subject to all provisions of the State Officials and Employees Ethics Act. The Merit Board is considered a "State agency" within the meaning of that term as set forth in the State Officials and Employees Ethics Act.