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90_SB1225ham002 LRB9005893MWcdam 1 AMENDMENT TO SENATE BILL 1225 2 AMENDMENT NO. . Amend Senate Bill 1225 by replacing 3 the title with the following: 4 "AN ACT to amend the Metropolitan Water Reclamation 5 District by changing Section 4."; and 6 by replacing everything after the enacting clause with the 7 following: 8 "Section 5. The Metropolitan Water Reclamation District 9 Act is amended by changing Section 4 as follows: 10 (70 ILCS 2605/4) (from Ch. 42, par. 323) 11 Sec. 4. The commissioners elected under this Act 12 constitute a board of commissioners for the district by which 13 they are elected, which board of commissioners is the 14 corporate authority of the sanitary district, and, in 15 addition to all other powers specified in this Act, shall 16 establish the policies and goals of the sanitary district. 17 The general superintendent, in addition to all other powers 18 specified in this Act, shall manage and control all the 19 affairs and property of the sanitary district and shall 20 regularly report to the Board of Commissioners on the 21 activities of the sanitary district in executing the policies -2- LRB9005893MWcdam 1 and goals established by the board. At the regularly 2 scheduled meeting of odd numbered years following the 3 induction of new commissioners the board of commissioners 4 shall elect from its own number a president and a 5 vice-president to serve in the absence of the president, and 6 the chairman of the committee on finance. The board shall 7 provide by rule when a vacancy occurs in the office of the 8 president, vice-president, or the chairman of the committee 9 on finance and the manner of filling such vacancy. 10 The board shall appoint from outside its own number the 11 general superintendent and treasurer for the district. 12 The general superintendent must be a resident of the 13 sanitary district and a citizen of the United States. He 14 must be selected solely upon his administrative and technical 15 qualifications and without regard to his political 16 affiliations. 17 In the event of illness or other prolonged absence, death 18 or resignation creating a vacancy in the office of the 19 general superintendent, or treasurer, the board of 20 commissioners may appoint an acting officer from outside its 21 own number, to perform the duties and responsibilities of the 22 office during the term of the absence or vacancy. 23 The general superintendent with the advice and consent of 24 the board of commissioners, shall appoint the chief engineer, 25 chief of maintenance and operations, director of personnel, 26 purchasing agent, clerk, attorney, director of research and 27 development, and director of information technology. These 28 constitute the heads of the Department of Engineering, 29 Maintenance and Operations, Personnel, Purchasing, Finance, 30 Law, Research and Development, and Information Technology, 31 respectively. No other departments or heads of departments 32 may be created without subsequent amendment to this Act. All 33 such department heads are under the direct supervision of the 34 general superintendent. -3- LRB9005893MWcdam 1 The director of personnel must be qualified under Section 2 4.2a of this Act. 3 The purchasing agent must be selected in accordance with 4 Section 11.16 of this Act. 5 In the event of illness or other prolonged absence, death 6 or resignation creating a vacancy in the office of chief 7 engineer, chief of maintenance and operations, director of 8 personnel, purchasing agent, clerk, attorney, director of 9 research and development, or director of information 10 technology, the general superintendent shall appoint an 11 acting officer to perform the duties and responsibilities of 12 the office during the term of the absence or vacancy. Any 13 such officers appointed in an acting capacity are under the 14 direct supervision of the general superintendent. 15 All appointive officers and acting officers shall give 16 bond as may be required by the board. 17 The general superintendent, treasurer, acting general 18 superintendent and acting treasurer hold their offices at the 19 pleasure of the board of commissioners. 20 The acting chief engineer, acting chief of maintenance 21 and operations, acting purchasing agent, acting director of 22 personnel, acting clerk, acting attorney, acting director of 23 research and development, and acting director of information 24 technology hold their offices at the pleasure of the general 25 superintendent. 26 The chief engineer, chief of maintenance and operations, 27 director of personnel, purchasing agent, clerk, attorney, 28 director of research and development, and director of 29 information technology may be removed from office for cause 30 by the general superintendent. Prior to removal, such 31 officers are entitled to a public hearing before the general 32 superintendent at which hearing they may be represented by 33 counsel. Before the hearing, the general superintendent 34 shall notify the board of commissioners of the date, time, -4- LRB9005893MWcdam 1 place and nature of the hearing. 2 In addition to the attorney appointed by the general 3 superintendent, the board of commissioners may appoint from 4 outside its own number an attorney, or retain counsel, to 5 advise the board of commissioners with respect to its powers 6 and duties and with respect to legal questions and matters of 7 policy for which the board of commissioners is responsible. 8 The general superintendent is the chief administrative 9 officer of the district, has supervision over and is 10 responsible for all administrative and operational matters of 11 the sanitary district including the duties of all employees 12 which are not otherwise designated by law, and is the 13 appointing authority as specified in Section 4.11 of this 14 Act. 15 The board, through the budget process, shall fix the 16 compensation of all the officers and employees of the 17 sanitary district. 18 The compensation of board members shall be fixed by the 19 board, with the affirmative vote of at least 2/3 of the 20 members. The board may provide additional compensation for 21 its president, vice president, and committee chairmen. The 22 board may provide for travel and expense allowances. 23 Any incumbent of the office of president may appoint an 24 administrative aide, which appointment remains in force 25 during his incumbency unless revoked by the president. 26Effective upon the election in January, 1985 of the27president and vice-president of the board of commissioners28and the chairman of the committee on finance, the annual29salary of the president shall be $37,500 and shall be30increased to $39,500 in January, 1987, $41,500 in January,311989, and $50,000 in January, 1991; the annual salary of the32vice-president shall be $35,000 and shall be increased to33$37,000 in January, 1987, $39,000 in January, 1989 and34$45,000 in January, 1991; the annual salary of the chairman-5- LRB9005893MWcdam 1of the committee on finance shall be $32,500 and shall be2increased to $34,500 in January, 1987, $36,500 in January,31989 and $45,000 in January, 1991.4The annual salaries of the other members of the Board5shall be as follows:6For the three members elected in November, 1980, $26,5007per annum for the first two years of the term; $28,000 per8annum for the next two years of the term and $30,000 per9annum for the last two years.10For the three members elected in November, 1982, $28,00011per annum for the first two years of the term and $30,000 per12annum thereafter.13For members elected in November, 1984, $30,000 per annum.14For the three members elected in November, 1986, $32,00015for each of the first two years of the term, $34,000 for each16of the next two years and $36,000 for the last two years;17For three members elected in November, 1988, $34,000 for18each of the first two years of the term and $36,000 for each19year thereafter.20For members elected in November, 1990 or thereafter,21$40,000.22 The board of commissioners has full power to pass all 23 necessary ordinances, orders, rules, resolutions and 24 regulations for the proper management and conduct of the 25 business of the board of commissioners and the corporation 26 and for carrying into effect the object for which the 27 sanitary district is formed. All ordinances, orders, rules, 28 resolutions and regulations passed by the board of 29 commissioners must, before they take effect, be approved by 30 the president of the board of commissioners. If he approves 31 thereof, he shall sign them, and such as he does not approve 32 he shall return to the board of commissioners with his 33 objections in writing at the next regular meeting of the 34 board of commissioners occurring after the passage thereof. -6- LRB9005893MWcdam 1 Such veto may extend to any one or more items or 2 appropriations contained in any ordinance making an 3 appropriation, or to the entire ordinance. If the veto 4 extends to a part of such ordinance, the residue takes 5 effect. If the president of such board of commissioners 6 fails to return any ordinance, order, rule, resolution or 7 regulation with his objections thereto in the time required, 8 he is deemed to have approved it, and it takes effect 9 accordingly. Upon the return of any ordinance, order, rule, 10 resolution, or regulation by the president, the vote by which 11 it was passed must be reconsidered by the board of 12 commissioners, and if upon such reconsideration two-thirds of 13 all the members agree by yeas and nays to pass it, it takes 14 effect notwithstanding the president's refusal to approve 15 thereof. 16 It is the policy of this State that all powers granted, 17 either expressly or by necessary implication, by this Act or 18 any other Illinois statute to the District may be exercised 19 by the District notwithstanding effects on competition. It is 20 the intention of the General Assembly that the "State action 21 exemption" to the application of federal antitrust statutes 22 be fully available to the District to the extent its 23 activities are authorized by law as stated herein. 24 (Source: P.A. 86-520; 87-1146.) 25 Section 99. Effective date. This Act takes effect upon 26 becoming law.".