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91_HB3540
LRB9111946MWcs
1 AN ACT concerning mass transit.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Local Mass Transit District Act is
5 amended by changing Section 4 as follows:
6 (70 ILCS 3610/4) (from Ch. 111 2/3, par. 354)
7 Sec. 4. Board of trustees. The powers of the local Mass
8 Transit District shall repose in, and be exercised by, a
9 Board of Trustees. If the District is created by only one
10 municipality or only one county the corporate authorities or
11 the county board chairman with the consent of the county
12 board of such municipality or county shall appoint either 3
13 or 5 trustees to the Board; provided that in any Metro East
14 Mass Transit District created by a single county, 5 trustees
15 shall be appointed and the trustees so appointed shall be:
16 (1) a mayor of a municipality within the county; (2) a
17 township supervisor from such county, or if in a county
18 without township supervisors, another such mayor; (3) the
19 county board chairman or such other county board member as he
20 shall designate; and (4) 2 members of the general public. If
21 the District is created by one or more municipalities or one
22 or more counties or any combination thereof, the corporate
23 authorities or the county board chairman with the consent of
24 the county board of each participating municipality or county
25 shall appoint one trustee to the Board for every 100,000
26 inhabitants, or fraction thereof, of such municipality or
27 county. The first Trustees appointed to the Board and any 2
28 additional trustees, initially appointed as a result of this
29 amendatory Act of 1983 shall serve for terms of 4 years or
30 less, the terms to be staggered to the extent possible so
31 that they expire one year apart and so that the terms of not
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1 more than 2 trustees expire in the same year, with the
2 Trustees to serve less than 4 years to be selected by lot.
3 Thereafter, their successors shall serve for 4 years.
4 Vacancies shall be filled for the unexpired term in the same
5 manner as the original appointment.
6 Except in a Metro East Mass Transit District, no Trustee
7 of any District may be an elected official of the
8 municipality or municipalities or county or counties creating
9 the District. A Trustee shall hold office until his successor
10 has been appointed and has qualified. A certificate of the
11 appointment or reappointment of any Trustee shall be filed
12 with the clerk or clerks and such certificate shall be
13 conclusive evidence of the due and proper appointment of such
14 Trustee. A Trustee shall receive, as compensation for his
15 services, $50 for each day devoted to the business of the
16 Board but not more than $200 per month. For the purposes of
17 this Section, each District may determine what constitutes a
18 business day. He shall also be entitled to the necessary
19 expenses, including traveling expenses, incurred in the
20 discharge of his duties. The powers of each District shall
21 be vested in the Trustees thereof in office from time to
22 time. A majority shall constitute a quorum of the Board for
23 the purpose of conducting its business and exercising its
24 powers and for all other purposes. Action may be taken by
25 the Board upon a vote of the majority of the Trustees
26 present, unless in any case the bylaws of the Board shall
27 require a larger number. The Board shall select a chairman
28 and a vice-chairman from among the Trustees.
29 No Trustee or employee of the Board shall acquire or have
30 any interest direct or indirect in any contract or proposed
31 contract for materials or services to be furnished or used in
32 connection with operations of the District. For inefficiency
33 or neglect of duty or misconduct in office, a Trustee may be
34 removed by the person or body which made the original
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1 appointment, but a Trustee shall be removed only after he
2 shall have been given a copy of the charges against him at
3 least 10 days prior to the hearing thereon and has had an
4 opportunity to be heard in person or by counsel. In the
5 event of the removal of any Trustee, a record of the
6 proceedings, together with the charges and findings thereon,
7 shall be filed in the office of the clerk or clerks of the
8 creating county or counties or municipality or
9 municipalities.
10 The Board shall employ a managing director of the
11 District and may employ a secretary, treasurer, technical
12 experts and such other officers, agents and employees,
13 permanent and temporary, as it may require, and shall fix and
14 determine their qualifications, duties and compensation and
15 the amount of bond to be furnished for such offices and
16 positions. For such legal services as it may require, the
17 Board may call upon any chief law officers of the
18 municipality, municipalities, or the county or counties as
19 the case may be, or may employ and fix the compensation of
20 its own counsel and legal staff. The Board may delegate to
21 one or more of its agents or employees such powers and duties
22 as it may deem proper. Notwithstanding the other provisions
23 of this paragraph, employment of any person other than a
24 managing director or secretary by any Metro East Mass Transit
25 District created by a single county shall require the
26 authorization of the county board of such county.
27 Neither the District, the members of its Board nor its
28 officers or employees shall be held liable for failure to
29 provide a security or police force or, if a security or
30 police force is provided, for failure to provide adequate
31 police protection or security, failure to prevent the
32 commission of crimes by fellow passengers or other third
33 persons or for the failure to apprehend criminals.
34 (Source: P.A. 85-779.)