Illinois General Assembly - Full Text of Public Act 099-0481
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Public Act 099-0481


 

Public Act 0481 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0481
 
HB0372 EnrolledLRB099 06061 AWJ 26115 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Township Code is amended by changing Section
205-140 as follows:
 
    (60 ILCS 1/205-140)
    Sec. 205-140. Initiating proceedings for particular
locality; rates and charges; lien.
    (a) A township board may initiate proceedings under
Sections 205-130 through 205-150 in the manner provided by
Section 205-20.
    (b) The township board may establish the rate or charge to
each user of the waterworks system or sewerage system, or
combined waterworks and sewerage system, or improvement or
extension at a rate that will be sufficient to pay the
principal and interest of any bonds issued to pay the cost of
the system, improvement, or extension and the maintenance and
operation of the system, improvement, or extension and may
provide an adequate depreciation fund for the bonds. Charges or
rates shall be established, revised, and maintained by
ordinance and become payable as the township board determines
by ordinance.
    (c) The charges or rates are liens upon the real estate
upon or for which sewerage service is supplied whenever the
charges or rates become delinquent as provided by the ordinance
of the board fixing a delinquency date.
    (d) Notwithstanding any provision of law to the contrary,
the township shall conduct a cost study regarding the
connection charge of the township:
        (1) before the township increases or creates a
    connection charge;
        (2) upon the request of the supervisor or a majority of
    the township board of the township;
        (3) upon the request of a majority of the mayors or
    village presidents of the municipalities located within or
    substantially within the township or township's facility
    planning area; or
        (4) upon the filing with the township board of a
    petition signed by 10% or more of the customers who have
    paid connection charges to the township in the previous 5
    calendar years.
    The cost study shall be conducted by an independent entity
within 6 months of action taken under paragraphs (1), (2), (3),
or (4) of this subsection (d). For purposes of this subsection
(d), the term "independent entity" shall mean an engineering
firm that has not entered into a contract with any State
agency, unit of local government, or non-governmental entity
for goods or services within the township or township service
area in the 24 months prior to being contracted to perform the
cost study. After performing a cost study under this subsection
(d), an independent entity may not contract with any State
agency, unit of local government, or non-governmental entity
for goods or services within the township or township service
area in the 24 months after completion of the cost study other
than to perform further cost studies under this subsection (d).
A township shall not be required to conduct more than one cost
study in a 24 month period under paragraphs (1), (2), (3), or
(4) of this subsection (d). The cost study must include, at a
minimum, an examination of similar water main and sewer
connection charges in neighboring units of local government or
units of local government similar in size or population.
Following the completion of the cost study, no increase or new
connection charge may be imposed unless the increase or new
charge is justified by the cost study. If the connection charge
the township charged prior to completion of the cost study is
higher than is justified by the cost study, the township shall
reduce its connection charge to the amount justified by the
cost study. For purposes of this subsection (d), "connection
charge" means any charge or fee, by whatever name, assessed to
recover the cost of connecting the customer's water main,
sewer, or water main and sewer service line to the township's
facilities, and includes only the direct and indirect costs of
physically tying the service line into the township's main.
(Source: P.A. 82-783; 88-62.)
 
    Section 10. The Metropolitan Water Reclamation District
Act is amended by changing Sections 4.3, 4.11, 4.12, and 4.14
as follows:
 
    (70 ILCS 2605/4.3)  (from Ch. 42, par. 323.3)
    Sec. 4.3. Classification of positions. The Director shall,
with the consent and approval of said civil service board,
classify within 90 days after the effective date of this
amendatory Act of 1997, all positions in said sanitary district
with reference to the duties thereof for the purpose of
establishing job classifications, and of fixing and
maintaining standards of examinations hereinafter provided
for. The positions so classified shall constitute the
classified civil service of such sanitary district and no
appointments, promotions, transfers, demotions, reductions in
grade or pay or removal therefrom shall be made except under
and according to the provisions of this Act and of the rules
hereinafter mentioned. As a part of such classified civil
service all employees under said Director, except special
examiners, shall be included. The Director shall ascertain and
record the duties of each position in the classified civil
service and designate the classification of each position. Each
classification shall comprise positions having substantially
similar duties. He shall also record the lines of promotion
from each lower classification to a higher classification
wherever the experience derived in the performance of the
duties of such lower classification tends to qualify for
performance of duty in such higher classification. The
director, subject to the disapproval of the civil service board
as hereinafter provided, shall by rule prescribe standards of
efficiency for each classification and for examinations of
candidates for appointment thereto. Such rule or any amendment
thereof shall take effect 30 days after written notice thereof
is given to the civil service board, unless within such period
the board files with the Director a written notice of its
disapproval thereof.
    For the purpose of establishing uniformity of pay and title
for all positions similarly classified, it shall be the duty of
the Director to prescribe by rule which shall become effective
when approved by the trustees, the maximum and minimum pay for
each classification and the title thereof and to report to the
trustees annually and at such other times as they may direct
the name and address of each officer and employee paid more or
less than the pay prescribed for his classification or
designated by a title other than that prescribed for his
classification by the board of trustees. It shall be the duty
of the trustees not later than the beginning of the next fiscal
year after receiving such report to change the pay or title of
any position or employee so reported out of classification to
conform to the title and pay prescribed by the Director for the
classification in which the position held by the employee is
classified. The Director shall standardize employment in each
classification and make and keep a record of the relative
efficiency of each employee in the classified civil service.
The Director shall provide by rule methods for ascertaining and
verifying the facts from which such records of relative
efficiency shall be made which shall be uniform for each
classification in the classified civil service.
(Source: P.A. 90-316, eff. 1-1-98.)
 
    (70 ILCS 2605/4.11)  (from Ch. 42, par. 323.11)
    Sec. 4.11. Appointments. Whenever a position classified
under this Act is to be filled, except the positions of deputy
director of engineering, deputy director of monitoring and
research, deputy director of maintenance and operations,
assistant director of engineering, assistant director of
maintenance and operations, deputy general counsel, head
assistant attorneys, assistant director of monitoring and
research, assistant director of information technology,
comptroller, assistant treasurer, assistant director of
procurement and materials management, assistant director of
human resources, and laborers, the Executive Director shall
make requisition upon the Director, and the Director shall
certify to him or her from the register of eligibles for the
position the names (a) of the five candidates standing highest
upon the register of eligibles for the position, or (b) of the
candidates within the A category upon the register of eligibles
if the register is by categories designated as A, B, and C,
provided, however, that any certification shall consist of at
least 5 candidates, if available. If fewer than 5 candidates
are in the A category, then the Director shall also certify all
of the candidates in the B category. If fewer than 5 candidates
are in the A and B categories combined, then the Director shall
also certify all of the candidates in the C category. The
Executive Director shall notify the Director of each position
to be filled separately and shall fill the position by
appointment of one of the certified candidates. The Executive
Director's appointment decision shall be final and not subject
to review. An appointed candidate shall be a probationary
appointee on probation for a period to be fixed by the rules,
not exceeding 250 days worked by the probationary appointee in
the position of probationary appointment. At any time during
the period of probation, the Executive Director with the
approval of the Director may terminate a probationary appointee
and shall notify the civil service board in writing of the
termination; however, the Executive Director's termination of
a probationary appointee shall be final and not subject to
review. At any time during the period of probation, a
probationary appointee may make a written request to
voluntarily terminate a probationary appointment, and if
approved by the Executive Director, such voluntary termination
shall be final and not subject to review. If a probationary
appointee is not terminated, his or her appointment shall be
deemed complete.
    When there is no eligible list, the Executive Director may,
with the authority of the Director, make a temporary
appointment to remain in force only until a permanent
appointment from an eligible register or list can be made in
the manner specified in the previous provisions of this
Section, and examinations to supply an eligible list therefor
shall be held and an eligible list established therefrom within
one year from the making of such appointment. The acceptance or
refusal by an eligible person of a temporary appointment does
not affect his or her standing on the register for permanent
appointment.
    In employment of an essentially temporary and transitory
nature, the Executive Director may, with the authority of the
Director of Human Resources make temporary appointments. No
temporary appointment of an essentially temporary and
transitory nature may be granted for a period of more than 119
consecutive or non-consecutive working days per calendar year.
The Director must include in his or her annual report, and if
required by the commissioners, in any special report, a
statement of all temporary appointments made during the year or
period specified by the commissioners, together with a
statement of the facts in each case because of which the
authority was granted.
    All laborers shall be appointed by the Executive Director
and shall be on probation for a period to be fixed by the
rules, not exceeding 250 days worked by the laborer in the
position of the probationary appointment. At any time during
the period of a laborer's probation, the Executive Director
with the approval of the Director may terminate a laborer's
probationary appointment and shall notify the civil service
board in writing of the termination; however, the Executive
Director's termination of a laborer's probationary appointment
shall be final and not subject to review. If a laborer's
probationary appointment is not terminated, the appointment
shall be deemed complete.
    The positions of deputy director of engineering, deputy
director of monitoring and research, deputy director of
maintenance and operations, assistant director of engineering,
assistant director of maintenance and operations, deputy
general counsel, head assistant attorneys, assistant director
of monitoring and research, assistant director of information
technology, comptroller, assistant treasurer, assistant
director of procurement and materials management, and
assistant director of human resources shall be appointed by the
Executive Director upon the recommendation of the respective
department head and shall be on probation for a period to be
fixed by the rules, not exceeding two years. At any time during
the period of probation, the Executive Director on the
recommendation of the department head concerned, may terminate
any such probationary appointee and he or she shall notify the
Civil Service Board in writing of the termination; however, the
Executive Director's termination of a probationary appointee
shall be final and not subject to review. If a probationary
appointee is not terminated, his or her appointment shall be
deemed complete under the laws governing the classified civil
service.
(Source: P.A. 97-124, eff. 7-14-11.)
 
    (70 ILCS 2605/4.12)  (from Ch. 42, par. 323.12)
    Sec. 4.12. The Director may by his rules provide for
transfers of officers and employees in the classified service
from positions in one office or department to positions of the
same class and grade in another office or department. Transfers
which are in the nature of promotions shall be governed by
Section 4.10 of this Act.
    Subject to the Executive Director's approval, an employee
in the classified civil service may make a written request for
a voluntary demotion to the employee's most recent former
classification, and if granted by the Executive Director, such
voluntary demotion shall be final and not subject to review.
(Source: Laws 1963, p. 2477.)
 
    (70 ILCS 2605/4.14)  (from Ch. 42, par. 323.14)
    Sec. 4.14. No officer or employee in the classified civil
service of the sanitary district shall be involuntarily demoted
removed or discharged except for cause, upon written charges,
and after an opportunity to be heard in his own defense. For
discharge actions, such Such charges shall be filed with the
civil service board within 30 days from the date of suspension
under the charges, and the charges shall be promptly
investigated by or before the civil service board, or by or
before some officer or officers appointed by the civil service
board to conduct such investigation. Both involuntary demotion
and discharge hearings The hearing shall be public and the
employee shall be entitled to call witnesses in his or her
defense and to have the aid of counsel. Such hearings shall
take place within 120 days after charges are filed against the
employee, unless the . The hearing shall be public and the
accused shall be entitled to call witnesses in his defense and
to have the aid of counsel. The civil service board continues
may continue a discharge or involuntary demotion hearing for
good cause shown and only with the consent of the employee.
After the hearing is completed, the The civil service board
shall enter a finding and decision. A decision shall be deemed
to have been served either when a copy of the decision is
personally delivered or when a copy of the decision is
deposited in the United States mail, addressed to the employee
at his last known address on file with the human resources
department. The finding and decision of the civil service board
or of such investigating officer or officers, when approved by
said civil service board, shall be final, except for the
judicial review thereof as herein provided, and shall be
certified to the appointing officer, and shall be forthwith
enforced by such officer. Nothing in this Act shall limit the
power of any officer to suspend a subordinate for a reasonable
period not exceeding thirty days; however, if charges are filed
against a suspended employee, the suspension shall be extended
until the civil service board enters its finding and decision
regarding the charges unless prior to this time the board
enters an order approving an agreement between the sanitary
district and the employee that the suspension should terminate
at an earlier date. Every such suspension shall be without pay:
Provided, however, that the civil service board shall have
authority to investigate every such suspension and, in case of
its disapproval thereof, it shall have power to restore pay to
the employee so suspended. For discharge actions, if the civil
service board enters a finding and decision denying discharge,
the employee shall be returned to the classification held at
the time charges were filed. For involuntary demotion actions,
if the civil service board enters a finding and decision
granting an involuntary demotion, the employee shall be demoted
to the employee's most recent former classification. In the
course of any investigation provided for in this Act, each
member of the civil service board and any officer appointed by
it shall have the power to administer oaths and shall have
power to secure by its subpoena both the attendance and
testimony of witnesses and the production of books and papers.
    Either the sanitary district or the employee may file a
written petition for rehearing of the finding and decision of
the civil service board within 21 calendar days after the
finding and decision are served as provided in this Section.
The petition shall state fully the grounds upon which
application for further investigation and hearing is based. If
a petition is denied by the civil service board, the decision
shall remain in full force and effect and any further appeal by
either party shall be in accordance with the provisions of the
Administrative Review Law.
    The provisions of the Administrative Review Law, and all
amendments and modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for
the judicial review of final administrative decisions of the
civil service board hereunder. The term "administrative
decision" is defined as in Section 3-101 of the Code of Civil
Procedure.
(Source: P.A. 95-923, eff. 8-26-08.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 09/22/2015