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 Township Code is amended by changing Section
5205-140 as follows:
6    (60 ILCS 1/205-140)
7    Sec. 205-140. Initiating proceedings for particular
8locality; rates and charges; lien.
9    (a) A township board may initiate proceedings under
10Sections 205-130 through 205-150 in the manner provided by
11Section 205-20.
12    (b) The township board may establish the rate or charge to
13each user of the waterworks system or sewerage system, or
14combined waterworks and sewerage system, or improvement or
15extension at a rate that will be sufficient to pay the
16principal and interest of any bonds issued to pay the cost of
17the system, improvement, or extension and the maintenance and
18operation of the system, improvement, or extension and may
19provide an adequate depreciation fund for the bonds. Charges or
20rates shall be established, revised, and maintained by
21ordinance and become payable as the township board determines
22by ordinance.
23    (c) The charges or rates are liens upon the real estate



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1upon or for which sewerage service is supplied whenever the
2charges or rates become delinquent as provided by the ordinance
3of the board fixing a delinquency date.
4    (d) Notwithstanding any provision of law to the contrary,
5the township shall conduct a cost study regarding the
6connection charge of the township:
7        (1) before the township increases or creates a
8    connection charge;
9        (2) upon the request of the supervisor or a majority of
10    the township board of the township;
11        (3) upon the request of a majority of the mayors or
12    village presidents of the municipalities located within or
13    substantially within the township or township's facility
14    planning area; or
15        (4) upon the filing with the township board of a
16    petition signed by 10% or more of the customers who have
17    paid connection charges to the township in the previous 5
18    calendar years.
19    The cost study shall be conducted by an independent entity
20within 6 months of action taken under paragraphs (1), (2), (3),
21or (4) of this subsection (d). For purposes of this subsection
22(d), the term "independent entity" shall mean an engineering
23firm that has not entered into a contract with any State
24agency, unit of local government, or non-governmental entity
25for goods or services within the township or township service
26area in the 24 months prior to being contracted to perform the



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1cost study. After performing a cost study under this subsection
2(d), an independent entity may not contract with any State
3agency, unit of local government, or non-governmental entity
4for goods or services within the township or township service
5area in the 24 months after completion of the cost study other
6than to perform further cost studies under this subsection (d).
7A township shall not be required to conduct more than one cost
8study in a 24 month period under paragraphs (1), (2), (3), or
9(4) of this subsection (d). The cost study must include, at a
10minimum, an examination of similar water main and sewer
11connection charges in neighboring units of local government or
12units of local government similar in size or population.
13Following the completion of the cost study, no increase or new
14connection charge may be imposed unless the increase or new
15charge is justified by the cost study. If the connection charge
16the township charged prior to completion of the cost study is
17higher than is justified by the cost study, the township shall
18reduce its connection charge to the amount justified by the
19cost study. For purposes of this subsection (d), "connection
20charge" means any charge or fee, by whatever name, assessed to
21recover the cost of connecting the customer's water main,
22sewer, or water main and sewer service line to the township's
23facilities, and includes only the direct and indirect costs of
24physically tying the service line into the township's main.
25(Source: P.A. 82-783; 88-62.)



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1    Section 10. The Metropolitan Water Reclamation District
2Act is amended by changing Sections 4.3, 4.11, 4.12, and 4.14
3as follows:
4    (70 ILCS 2605/4.3)  (from Ch. 42, par. 323.3)
5    Sec. 4.3. Classification of positions. The Director shall,
6with the consent and approval of said civil service board,
7classify within 90 days after the effective date of this
8amendatory Act of 1997, all positions in said sanitary district
9with reference to the duties thereof for the purpose of
10establishing job classifications, and of fixing and
11maintaining standards of examinations hereinafter provided
12for. The positions so classified shall constitute the
13classified civil service of such sanitary district and no
14appointments, promotions, transfers, demotions, reductions in
15grade or pay or removal therefrom shall be made except under
16and according to the provisions of this Act and of the rules
17hereinafter mentioned. As a part of such classified civil
18service all employees under said Director, except special
19examiners, shall be included. The Director shall ascertain and
20record the duties of each position in the classified civil
21service and designate the classification of each position. Each
22classification shall comprise positions having substantially
23similar duties. He shall also record the lines of promotion
24from each lower classification to a higher classification
25wherever the experience derived in the performance of the



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



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1classification and make and keep a record of the relative
2efficiency of each employee in the classified civil service.
3The Director shall provide by rule methods for ascertaining and
4verifying the facts from which such records of relative
5efficiency shall be made which shall be uniform for each
6classification in the classified civil service.
7(Source: P.A. 90-316, eff. 1-1-98.)
8    (70 ILCS 2605/4.11)  (from Ch. 42, par. 323.11)
9    Sec. 4.11. Appointments. Whenever a position classified
10under this Act is to be filled, except the positions of deputy
11director of engineering, deputy director of monitoring and
12research, deputy director of maintenance and operations,
13assistant director of engineering, assistant director of
14maintenance and operations, deputy general counsel, head
15assistant attorneys, assistant director of monitoring and
16research, assistant director of information technology,
17comptroller, assistant treasurer, assistant director of
18procurement and materials management, assistant director of
19human resources, and laborers, the Executive Director shall
20make requisition upon the Director, and the Director shall
21certify to him or her from the register of eligibles for the
22position the names (a) of the five candidates standing highest
23upon the register of eligibles for the position, or (b) of the
24candidates within the A category upon the register of eligibles
25if the register is by categories designated as A, B, and C,



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



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1    When there is no eligible list, the Executive Director may,
2with the authority of the Director, make a temporary
3appointment to remain in force only until a permanent
4appointment from an eligible register or list can be made in
5the manner specified in the previous provisions of this
6Section, and examinations to supply an eligible list therefor
7shall be held and an eligible list established therefrom within
8one year from the making of such appointment. The acceptance or
9refusal by an eligible person of a temporary appointment does
10not affect his or her standing on the register for permanent
12    In employment of an essentially temporary and transitory
13nature, the Executive Director may, with the authority of the
14Director of Human Resources make temporary appointments. No
15temporary appointment of an essentially temporary and
16transitory nature may be granted for a period of more than 119
17consecutive or non-consecutive working days per calendar year.
18The Director must include in his or her annual report, and if
19required by the commissioners, in any special report, a
20statement of all temporary appointments made during the year or
21period specified by the commissioners, together with a
22statement of the facts in each case because of which the
23authority was granted.
24    All laborers shall be appointed by the Executive Director
25and shall be on probation for a period to be fixed by the
26rules, not exceeding 250 days worked by the laborer in the



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



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1shall be final and not subject to review. If a probationary
2appointee is not terminated, his or her appointment shall be
3deemed complete under the laws governing the classified civil
5(Source: P.A. 97-124, eff. 7-14-11.)
6    (70 ILCS 2605/4.12)  (from Ch. 42, par. 323.12)
7    Sec. 4.12. The Director may by his rules provide for
8transfers of officers and employees in the classified service
9from positions in one office or department to positions of the
10same class and grade in another office or department. Transfers
11which are in the nature of promotions shall be governed by
12Section 4.10 of this Act.
13    Subject to the Executive Director's approval, an employee
14in the classified civil service may make a written request for
15a voluntary demotion to the employee's most recent former
16classification, and if granted by the Executive Director, such
17voluntary demotion shall be final and not subject to review.
18(Source: Laws 1963, p. 2477.)
19    (70 ILCS 2605/4.14)  (from Ch. 42, par. 323.14)
20    Sec. 4.14. No officer or employee in the classified civil
21service of the sanitary district shall be involuntarily demoted
22removed or discharged except for cause, upon written charges,
23and after an opportunity to be heard in his own defense. For
24discharge actions, such Such charges shall be filed with the



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1civil service board within 30 days from the date of suspension
2under the charges, and the charges shall be promptly
3investigated by or before the civil service board, or by or
4before some officer or officers appointed by the civil service
5board to conduct such investigation. Both involuntary demotion
6and discharge hearings The hearing shall be public and the
7employee shall be entitled to call witnesses in his or her
8defense and to have the aid of counsel. Such hearings shall
9take place within 120 days after charges are filed against the
10employee, unless the . The hearing shall be public and the
11accused shall be entitled to call witnesses in his defense and
12to have the aid of counsel. The civil service board continues
13may continue a discharge or involuntary demotion hearing for
14good cause shown and only with the consent of the employee.
15After the hearing is completed, the The civil service board
16shall enter a finding and decision. A decision shall be deemed
17to have been served either when a copy of the decision is
18personally delivered or when a copy of the decision is
19deposited in the United States mail, addressed to the employee
20at his last known address on file with the human resources
21department. The finding and decision of the civil service board
22or of such investigating officer or officers, when approved by
23said civil service board, shall be final, except for the
24judicial review thereof as herein provided, and shall be
25certified to the appointing officer, and shall be forthwith
26enforced by such officer. Nothing in this Act shall limit the



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1power of any officer to suspend a subordinate for a reasonable
2period not exceeding thirty days; however, if charges are filed
3against a suspended employee, the suspension shall be extended
4until the civil service board enters its finding and decision
5regarding the charges unless prior to this time the board
6enters an order approving an agreement between the sanitary
7district and the employee that the suspension should terminate
8at an earlier date. Every such suspension shall be without pay:
9Provided, however, that the civil service board shall have
10authority to investigate every such suspension and, in case of
11its disapproval thereof, it shall have power to restore pay to
12the employee so suspended. For discharge actions, if the civil
13service board enters a finding and decision denying discharge,
14the employee shall be returned to the classification held at
15the time charges were filed. For involuntary demotion actions,
16if the civil service board enters a finding and decision
17granting an involuntary demotion, the employee shall be demoted
18to the employee's most recent former classification. In the
19course of any investigation provided for in this Act, each
20member of the civil service board and any officer appointed by
21it shall have the power to administer oaths and shall have
22power to secure by its subpoena both the attendance and
23testimony of witnesses and the production of books and papers.
24    Either the sanitary district or the employee may file a
25written petition for rehearing of the finding and decision of
26the civil service board within 21 calendar days after the



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1finding and decision are served as provided in this Section.
2The petition shall state fully the grounds upon which
3application for further investigation and hearing is based. If
4a petition is denied by the civil service board, the decision
5shall remain in full force and effect and any further appeal by
6either party shall be in accordance with the provisions of the
7Administrative Review Law.
8    The provisions of the Administrative Review Law, and all
9amendments and modifications thereof, and the rules adopted
10pursuant thereto, shall apply to and govern all proceedings for
11the judicial review of final administrative decisions of the
12civil service board hereunder. The term "administrative
13decision" is defined as in Section 3-101 of the Code of Civil
15(Source: P.A. 95-923, eff. 8-26-08.)
16    Section 99. Effective date. This Act takes effect upon
17becoming law.