Illinois General Assembly - Full Text of HB0372
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Full Text of HB0372  99th General Assembly




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1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Metropolitan Water Reclamation District Act
5is amended by changing Sections 4.3, 4.11, 4.12, and 4.14 as
7    (70 ILCS 2605/4.3)  (from Ch. 42, par. 323.3)
8    Sec. 4.3. Classification of positions. The Director shall,
9with the consent and approval of said civil service board,
10classify within 90 days after the effective date of this
11amendatory Act of 1997, all positions in said sanitary district
12with reference to the duties thereof for the purpose of
13establishing job classifications, and of fixing and
14maintaining standards of examinations hereinafter provided
15for. The positions so classified shall constitute the
16classified civil service of such sanitary district and no
17appointments, promotions, transfers, demotions, reductions in
18grade or pay or removal therefrom shall be made except under
19and according to the provisions of this Act and of the rules
20hereinafter mentioned. As a part of such classified civil
21service all employees under said Director, except special
22examiners, shall be included. The Director shall ascertain and
23record the duties of each position in the classified civil



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1service and designate the classification of each position. Each
2classification shall comprise positions having substantially
3similar duties. He shall also record the lines of promotion
4from each lower classification to a higher classification
5wherever the experience derived in the performance of the
6duties of such lower classification tends to qualify for
7performance of duty in such higher classification. The
8director, subject to the disapproval of the civil service board
9as hereinafter provided, shall by rule prescribe standards of
10efficiency for each classification and for examinations of
11candidates for appointment thereto. Such rule or any amendment
12thereof shall take effect 30 days after written notice thereof
13is given to the civil service board, unless within such period
14the board files with the Director a written notice of its
15disapproval thereof.
16    For the purpose of establishing uniformity of pay and title
17for all positions similarly classified, it shall be the duty of
18the Director to prescribe by rule which shall become effective
19when approved by the trustees, the maximum and minimum pay for
20each classification and the title thereof and to report to the
21trustees annually and at such other times as they may direct
22the name and address of each officer and employee paid more or
23less than the pay prescribed for his classification or
24designated by a title other than that prescribed for his
25classification by the board of trustees. It shall be the duty
26of the trustees not later than the beginning of the next fiscal



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1year after receiving such report to change the pay or title of
2any position or employee so reported out of classification to
3conform to the title and pay prescribed by the Director for the
4classification in which the position held by the employee is
5classified. The Director shall standardize employment in each
6classification and make and keep a record of the relative
7efficiency of each employee in the classified civil service.
8The Director shall provide by rule methods for ascertaining and
9verifying the facts from which such records of relative
10efficiency shall be made which shall be uniform for each
11classification in the classified civil service.
12(Source: P.A. 90-316, eff. 1-1-98.)
13    (70 ILCS 2605/4.11)  (from Ch. 42, par. 323.11)
14    Sec. 4.11. Appointments. Whenever a position classified
15under this Act is to be filled, except the positions of deputy
16director of engineering, deputy director of monitoring and
17research, deputy director of maintenance and operations,
18assistant director of engineering, assistant director of
19maintenance and operations, deputy general counsel, head
20assistant attorneys, assistant director of monitoring and
21research, assistant director of information technology,
22comptroller, assistant treasurer, assistant director of
23procurement and materials management, assistant director of
24human resources, and laborers, the Executive Director shall
25make requisition upon the Director, and the Director shall



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1certify to him or her from the register of eligibles for the
2position the names (a) of the five candidates standing highest
3upon the register of eligibles for the position, or (b) of the
4candidates within the A category upon the register of eligibles
5if the register is by categories designated as A, B, and C,
6provided, however, that any certification shall consist of at
7least 5 candidates, if available. If fewer than 5 candidates
8are in the A category, then the Director shall also certify all
9of the candidates in the B category. If fewer than 5 candidates
10are in the A and B categories combined, then the Director shall
11also certify all of the candidates in the C category. The
12Executive Director shall notify the Director of each position
13to be filled separately and shall fill the position by
14appointment of one of the certified candidates. The Executive
15Director's appointment decision shall be final and not subject
16to review. An appointed candidate shall be a probationary
17appointee on probation for a period to be fixed by the rules,
18not exceeding 250 days worked by the probationary appointee in
19the position of probationary appointment. At any time during
20the period of probation, the Executive Director with the
21approval of the Director may terminate a probationary appointee
22and shall notify the civil service board in writing of the
23termination; however, the Executive Director's termination of
24a probationary appointee shall be final and not subject to
25review. At any time during the period of probation, a
26probationary appointee may make a written request to



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1voluntarily terminate a probationary appointment, and if
2approved by the Executive Director, such voluntary termination
3shall be final and not subject to review. If a probationary
4appointee is not terminated, his or her appointment shall be
5deemed complete.
6    When there is no eligible list, the Executive Director may,
7with the authority of the Director, make a temporary
8appointment to remain in force only until a permanent
9appointment from an eligible register or list can be made in
10the manner specified in the previous provisions of this
11Section, and examinations to supply an eligible list therefor
12shall be held and an eligible list established therefrom within
13one year from the making of such appointment. The acceptance or
14refusal by an eligible person of a temporary appointment does
15not affect his or her standing on the register for permanent
17    In employment of an essentially temporary and transitory
18nature, the Executive Director may, with the authority of the
19Director of Human Resources make temporary appointments. No
20temporary appointment of an essentially temporary and
21transitory nature may be granted for a period of more than 119
22consecutive or non-consecutive working days per calendar year.
23The Director must include in his or her annual report, and if
24required by the commissioners, in any special report, a
25statement of all temporary appointments made during the year or
26period specified by the commissioners, together with a



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1statement of the facts in each case because of which the
2authority was granted.
3    All laborers shall be appointed by the Executive Director
4and shall be on probation for a period to be fixed by the
5rules, not exceeding 250 days worked by the laborer in the
6position of the probationary appointment. At any time during
7the period of a laborer's probation, the Executive Director
8with the approval of the Director may terminate a laborer's
9probationary appointment and shall notify the civil service
10board in writing of the termination; however, the Executive
11Director's termination of a laborer's probationary appointment
12shall be final and not subject to review. If a laborer's
13probationary appointment is not terminated, the appointment
14shall be deemed complete.
15    The positions of deputy director of engineering, deputy
16director of monitoring and research, deputy director of
17maintenance and operations, assistant director of engineering,
18assistant director of maintenance and operations, deputy
19general counsel, head assistant attorneys, assistant director
20of monitoring and research, assistant director of information
21technology, comptroller, assistant treasurer, assistant
22director of procurement and materials management, and
23assistant director of human resources shall be appointed by the
24Executive Director upon the recommendation of the respective
25department head and shall be on probation for a period to be
26fixed by the rules, not exceeding two years. At any time during



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1the period of probation, the Executive Director on the
2recommendation of the department head concerned, may terminate
3any such probationary appointee and he or she shall notify the
4Civil Service Board in writing of the termination; however, the
5Executive Director's termination of a probationary appointee
6shall be final and not subject to review. If a probationary
7appointee is not terminated, his or her appointment shall be
8deemed complete under the laws governing the classified civil
10(Source: P.A. 97-124, eff. 7-14-11.)
11    (70 ILCS 2605/4.12)  (from Ch. 42, par. 323.12)
12    Sec. 4.12. The Director may by his rules provide for
13transfers of officers and employees in the classified service
14from positions in one office or department to positions of the
15same class and grade in another office or department. Transfers
16which are in the nature of promotions shall be governed by
17Section 4.10 of this Act.
18    Subject to the Executive Director's approval, an employee
19in the classified civil service may make a written request for
20a voluntary demotion to the employee's most recent former
21classification, and if granted by the Executive Director, such
22voluntary demotion shall be final and not subject to review.
23(Source: Laws 1963, p. 2477.)
24    (70 ILCS 2605/4.14)  (from Ch. 42, par. 323.14)



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1    Sec. 4.14. No officer or employee in the classified civil
2service of the sanitary district shall be involuntarily demoted
3removed or discharged except for cause, upon written charges,
4and after an opportunity to be heard in his own defense. For
5discharge actions, such Such charges shall be filed with the
6civil service board within 30 days from the date of suspension
7under the charges, and the charges shall be promptly
8investigated by or before the civil service board, or by or
9before some officer or officers appointed by the civil service
10board to conduct such investigation. Both involuntary demotion
11and discharge hearings The hearing shall be public and the
12employee shall be entitled to call witnesses in his or her
13defense and to have the aid of counsel. Such hearings shall
14take place within 120 days after charges are filed against the
15employee, unless the . The hearing shall be public and the
16accused shall be entitled to call witnesses in his defense and
17to have the aid of counsel. The civil service board continues
18may continue a discharge or involuntary demotion hearing for
19good cause shown and only with the consent of the employee.
20After the hearing is completed, the The civil service board
21shall enter a finding and decision. A decision shall be deemed
22to have been served either when a copy of the decision is
23personally delivered or when a copy of the decision is
24deposited in the United States mail, addressed to the employee
25at his last known address on file with the human resources
26department. The finding and decision of the civil service board



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1or of such investigating officer or officers, when approved by
2said civil service board, shall be final, except for the
3judicial review thereof as herein provided, and shall be
4certified to the appointing officer, and shall be forthwith
5enforced by such officer. Nothing in this Act shall limit the
6power of any officer to suspend a subordinate for a reasonable
7period not exceeding thirty days; however, if charges are filed
8against a suspended employee, the suspension shall be extended
9until the civil service board enters its finding and decision
10regarding the charges unless prior to this time the board
11enters an order approving an agreement between the sanitary
12district and the employee that the suspension should terminate
13at an earlier date. Every such suspension shall be without pay:
14Provided, however, that the civil service board shall have
15authority to investigate every such suspension and, in case of
16its disapproval thereof, it shall have power to restore pay to
17the employee so suspended. For discharge actions, if the civil
18service board enters a finding and decision denying discharge,
19the employee shall be returned to the classification held at
20the time charges were filed. For involuntary demotion actions,
21if the civil service board enters a finding and decision
22granting an involuntary demotion, the employee shall be demoted
23to the employee's most recent former classification. In the
24course of any investigation provided for in this Act, each
25member of the civil service board and any officer appointed by
26it shall have the power to administer oaths and shall have



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1power to secure by its subpoena both the attendance and
2testimony of witnesses and the production of books and papers.
3    Either the sanitary district or the employee may file a
4written petition for rehearing of the finding and decision of
5the civil service board within 21 calendar days after the
6finding and decision are served as provided in this Section.
7The petition shall state fully the grounds upon which
8application for further investigation and hearing is based. If
9a petition is denied by the civil service board, the decision
10shall remain in full force and effect and any further appeal by
11either party shall be in accordance with the provisions of the
12Administrative Review Law.
13    The provisions of the Administrative Review Law, and all
14amendments and modifications thereof, and the rules adopted
15pursuant thereto, shall apply to and govern all proceedings for
16the judicial review of final administrative decisions of the
17civil service board hereunder. The term "administrative
18decision" is defined as in Section 3-101 of the Code of Civil
20(Source: P.A. 95-923, eff. 8-26-08.)
21    Section 99. Effective date. This Act takes effect upon
22becoming law.