Public Act 90-0024 of the 90th General Assembly
Public Act 90-0024
SB517 Enrolled LRB9000639KRsbB
AN ACT in relation to finances, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Comptroller Merit Employment Code is
amended by changing Sections 3, 4, 6, 6a, 8c, 9, 9a, 10, 10a,
10b.1, 10b.6, 10b.9, 10b.12, 10b.15, 10b.16, 10b.17, 10d, 12,
and 14 as follows:
(15 ILCS 410/3) (from Ch. 15, par. 403)
Sec. 3. Definitions. For the purpose of this Act, unless
the context indicates otherwise, the following words shall
have the meanings ascribed to them as follows:
"Commission". The Merit Commission created by this Act.
"Department". Department of Human Resources of the Office
of the Comptroller Personnel-Comptroller.
"Director". Director of the Department of Human Resources
of the Office of the Comptroller Personnel-Comptroller.
"Organizational entity". An entity directly subordinate
to the Comptroller or a Deputy Comptroller.
"Board". The Merit Advisory Board created by this Act.
(Source: P.A. 80-1397.)
(15 ILCS 410/4) (from Ch. 15, par. 404)
Sec. 4. Organization. There is created in the Office of
the Comptroller:
(a) a Department of Human Resources Personnel, headed by
a Director, which shall be a department of the Office of the
Comptroller with primary responsibility for personnel
transactions; and
(b) a Merit Commission. ; and
(c) a Merit Advisory Board.
(Source: P.A. 80-1397.)
(15 ILCS 410/6) (from Ch. 15, par. 409)
Sec. 6. Director - appointment - qualifications. The
Department of Human Resources Personnel shall have an officer
at its head who shall be known as the Director of Personnel.
He or she shall be appointed by the Comptroller, by and with
the advice and consent of the Senate. The Director of
Personnel shall be a person who shall have had practical
working experience in the field of personnel administration.
The director shall be selected for appointment from among
those persons who for the two years next preceding the
appointment have not been members of any local, state or
national committee of a political party; or officers or
members of any standing committee of a political party; or
officers or members of standing committees of any partisan
political group or organization. Nor shall the appointee
during his or her tenure as Director of Personnel become a
member of any local, state or national committee of a
political party or an officer or member of standing
committees or any partisan political group or organization.
(Source: P.A. 87-832.)
(15 ILCS 410/6a) (from Ch. 15, par. 410)
Sec. 6a. Director - powers and duties. The Director
shall have the following duties and responsibilities:
(1) To apply and carry out this law and the rules
adopted hereunder.
(2) To attend meetings of the Commission, and when
requested, to attend meetings of the Merit Advisory Board.
(3) To establish and maintain a roster of all employees
subject to this Act, in which there shall be set forth, as to
each employee, the class, title, pay status, and other
pertinent data.
(4) Subject to such exemptions or modifications as may
be necessary to assure the continuity of federal
contributions for positions paid from federal funds, to make
appointments to vacancies; to approve all written charges
seeking discharge, demotion, or other disciplinary measures
provided in this Act and to approve transfers of employees
from one geographical area to another in the State.
(5) To formulate and administer office wide policies and
programs for the improvement of employee effectiveness,
including training, safety, health, incentive recognition,
counseling, welfare and employee relations.
(6) To conduct negotiations affecting pay, hours of
work, or other working conditions of employees subject to
this Act.
(7) To investigate from time to time the operation and
effect of this law and the rules made thereunder and to
report his or her findings and recommendations to the
Commission and the Comptroller.
(8) To make such reports as he or she may consider
desirable, to the Commission and the Comptroller or as the
Comptroller or Commission may request.
(9) To enter into agreements with professional or
educational organizations or the Illinois State Department of
Central Management Services for the purpose of obtaining
professional or technical assistance in the administration of
this Act.
(10) To perform any other lawful acts necessary or
desirable to carry out the purposes and provisions of this
law.
(Source: P.A. 82-789.)
(15 ILCS 410/8c) (from Ch. 15, par. 419)
Sec. 8c. Duties and powers of the Commission. The Merit
Commission, in addition to any other duties prescribed in
this Act, shall have the following duties and powers:
(1) Upon written recommendations by the Director of
Personnel, to exempt from jurisdiction B of this Act
positions which, in the judgment of the Commission, are by
their nature highly confidential or involve principal
administrative responsibility for the determination of policy
or principal administrative responsibility for the way in
which policies are carried out.
(2) To require such special reports from the Director as
it may consider desirable.
(3) To disapprove original rules or any part thereof and
any amendment thereof within 30 calendar days after the
submission of such rules to the Merit Commission by the
Director.
(4) To disapprove within 30 calendar days from date of
submission the position classification plan and any revisions
thereof submitted by the Director as provided in the rules.
(5) To hear appeals of employees who do not accept the
allocation of their positions under the classification plan.
(6) To hear and approve or disapprove written charges
filed seeking the discharge or demotion of employees or
suspension totaling more than 30 calendar days in any 12
month period, as provided in Section 9, appeals as provided
in Section 9a of this Act, and appeals from transfers from
one geographical area in the state to another, and in
connection therewith to administer oaths, subpoena witnesses
and compel the production of books and papers.
(7) To make an annual report regarding the work of the
Commission to the Comptroller, such report to be a public
record.
(8) If any violation of this Act is found, the
Commission shall direct compliance in writing.
(9) To appoint such employees, experts and special
assistants as may be necessary to carry out the powers and
duties of the commission under this Act. Employees, experts
and special assistants so appointed by the Commission shall
be subject to jurisdictions A, B and C of this Act.
(10) To make rules to carry out and implement their
powers and duties under this Act, with authority to amend
such rules from time to time.
(Source: P.A. 80-1397.)
(15 ILCS 410/9) (from Ch. 15, par. 420)
Sec. 9. Hearings - disciplinary action. No certified
officer or employee under jurisdiction B, relating to merit
and fitness, who has been appointed under the rules and after
examination, shall be removed, discharged or demoted, or
suspended for a period of more than 30 calendar days, except
for cause, upon written charges approved by the Director of
Personnel, and after an opportunity to be heard in his own
defense if he makes written request to the Commission within
15 calendar days after the serving of the written charges
upon him. Upon the receipt of such a request for hearing,
the Commission shall grant a hearing within 30 calendar days.
The time and place of the hearing shall be fixed by the
Commission, and due notice thereof shall be given the
Director of Personnel and the employee. The hearing shall
be public, and the officer or employee is entitled to call
witnesses in his own defense and to have the aid of counsel.
The finding of the Commission shall be rendered within 60
calendar days after the receipt of the transcript of the
proceedings. If the finding and decision is not rendered
within 60 calendar days after receipt of the transcript of
the proceedings, the employee shall be considered to be
reinstated and shall receive full compensation for the period
for which he was suspended. The finding and decision of the
Commission or officer or board appointed by it to conduct
such investigation, when approved by the Commission, shall be
certified to the Director, and shall be forthwith enforced by
the Director. In making its finding and decision, or in
approving the finding and decision of some officer or board
appointed by it to conduct such investigation the Merit
Commission may, for disciplinary purposes, suspend an
employee for a period of time not to exceed 90 calendar days,
and in no event to exceed a period of 120 calendar days from
the date of any suspension of such employee, pending
investigation of such charges. If the Commission certifies a
decision that an officer or employee is to be retained in his
position and if it does not order a suspension for
disciplinary purposes, the officer or employee shall receive
full compensation for any period during which he was
suspended pending the investigation of the charges.
Nothing in this Section shall limit the authority to
suspend an employee for a reasonable period not exceeding 30
calendar days.
(Source: P.A. 80-1397.)
(15 ILCS 410/9a) (from Ch. 15, par. 421)
Sec. 9a. Hearings - transaction used as subterfuge for
discharge. A certified employee who believes that he or she
has been separated from employment in the Office of the
Comptroller by a personnel transaction used as a subterfuge
for discharge may, within 15 calendar days after the final
decision of the Director of Personnel on the transaction,
appeal in writing to the Commission. The appeal must allege
specific facts which, if proven, would establish a prima
facie case that the employee was in effect discharged
contrary to and in violation of the requirements of Section 9
of this Act. Any appeal which fails to allege sufficient and
specific facts to support the allegation may be summarily
dismissed by the Commission. The Commission in due exercise
of its discretion may make its decision on the appeal after
an investigation of the allegations or it may order a hearing
held on any disputed issues of fact or law. In any hearing
called under the provisions of this section to resolve a
dispute of fact, the employee has the burden of establishing
by the introduction of competent evidence a prima facie case
proving that the employee was pretextually discharged.
Nothing in this section shall be construed to preclude
employees from timely asserting other rights given to them
under this Act.
(Source: P.A. 80-1397.)
(15 ILCS 410/10) (from Ch. 15, par. 423)
Sec. 10. Rules. The Director of Personnel shall prepare
and submit to the Merit Commission proposed rules for all
positions and employees subject to this Act. Such rules or
any part thereof shall have the force and effect of law.
Copies of all such rules, and of all changes therein, duly
certified by the Director of Personnel, shall be filed in the
Office of the Secretary of State. Except as otherwise
provided in this Section, rules shall be adopted as provided
in the Illinois Administrative Procedure Act. After a
hearing thereon, proposed new rules or amendments may be
revised by the Director of Personnel without further hearing
to incorporate changes suggested at such public hearing, and
the Director of Personnel may submit same to the Merit
Commission with or without revision. If proposed new rules
or amendments so submitted are not disapproved by the
Commission within 30 calendar days after the Commission's
receipt thereof, they may be filed by the Director of
Personnel in the Office of the Secretary of State, and shall
thereafter have the force and effect of law, subject to the
provisions of the Illinois Administrative Procedure Act.
The rules and amendments thereto shall include provisions
as specified in Sections 10a through 10e.
(Source: P.A. 87-895.)
(15 ILCS 410/10a) (from Ch. 15, par. 424)
Sec. 10a. Jurisdiction A - classification and pay. For
positions in the Office of the Comptroller with respect to
the classification and pay:
(1) For the preparation, maintenance and revision by the
Director, subject to approval by the Commission, of a
position classification plan for all positions subject to
this Act, based upon similarity of duties performed,
responsibilities assigned, and conditions of employment so
that the same schedule of pay may be equitably applied to all
positions in the same class. Unless the Commission
disapproves such classification plan or any revision thereof
within 30 calendar days, the Director shall allocate every
such position to one of the classes in the plan. Any
employee affected by the allocation of a position to a class
shall after filing with the Director of Personnel within 30
calendar days of the allocation a request for reconsideration
thereof in such manner and form as the Director may
prescribe, be given a reasonable opportunity to be heard by
the Director. If the employee does not accept the decision
of the Director he may, within 15 calendar days after receipt
of the reconsidered decision, appeal to the Merit Commission.
(2) For a pay plan to be prepared by the Director for
all employees subject to this Act. Such pay plan may include
provisions for uniformity of starting pay, an increment plan,
area differentials, a delay not to exceed one year in the
reduction of the pay of employees whose positions are reduced
in rank or grade by reallocation because of a loss of duties
or responsibilities after their appointments to such
positions, prevailing rates of wages in those classifications
in which employers are now paying or may hereafter pay such
rates of wage and other provisions. Such pay plan shall
become effective only after it has been approved by the
Comptroller. Amendments to the pay plan will be made in the
same manner. Such pay plan shall provide that each employee
shall be paid at one of the rates set forth in the pay plan
for the class of position in which he is employed. Such pay
plan shall provide for a fair and reasonable compensation for
services rendered.
(Source: P.A. 80-1397.)
(15 ILCS 410/10b.1) (from Ch. 15, par. 426)
Sec. 10b.1. Competitive examinations. For open
competitive examinations to test the relative fitness of
applicants for the respective positions. Tests shall be
designed to eliminate those who are not qualified for
entrance into the Office of the Comptroller and to discover
the relative fitness of those who are qualified. The
Director may use any one of or any combination of the
following examination methods which in his judgment best
serves this end: investigation of education and experience;
test of cultural knowledge; test of capacity; test of
knowledge; test of manual skill; test of linguistic ability;
test of character; test of physical skill; test of
psychological fitness. No person with a record of
misdemeanor convictions except those under Sections 11-6,
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8 and
sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code
of 1961, or arrested for any cause but not convicted thereon
shall be disqualified from taking such examinations or
subsequent appointment unless the person is attempting to
qualify for a position which entails financial
responsibilities, in which case the person's conviction or
arrest record may be considered as a factor in determining
the person's fitness for the position. All examinations
shall be announced publicly at least 2 weeks in advance of
the date of examinations and may be advertised through the
press, radio or other media.
The Director may, at his or her discretion, accept the
results of competitive examinations conducted by any merit
system established by Federal law or by the law of any State,
and may compile eligible lists therefrom or may add the names
of successful candidates in examinations conducted by those
merit systems to existing eligible lists in accordance with
their respective ratings. No person who is a non-resident of
the State of Illinois may be appointed from those eligible
lists, however, unless the requirement that applicants be
residents of the State of Illinois is waived by the Director
of Human Resources Personnel and unless there are less than 3
Illinois residents available for appointment from the
appropriate eligible list. The results of the examinations
conducted by other merit systems may not be used unless they
are comparable in difficulty and comprehensiveness to
examinations conducted by the Department of Human Resources
Personnel for similar positions. Special linguistic options
may also be established where deemed appropriate.
(Source: P.A. 83-1067.)
(15 ILCS 410/10b.6) (from Ch. 15, par. 431)
Sec. 10b.6. Period of probation. For a period of
probation not to exceed six months before appointment or
promotion is complete, and during which period a probationer
may, with the consent of the Director of Personnel, be
discharged or reduced in class or rank, or replaced on the
eligible list.
(Source: P.A. 80-1397.)
(15 ILCS 410/10b.9) (from Ch. 15, par. 434)
Sec. 10b.9. Temporary appointments. For temporary
appointments for a period not to exceed 6 months out of any
12 month period to any position in the Office of the
Comptroller determined to be temporary or seasonal in nature
by the Director of personnel.
(Source: P.A. 80-1397.)
(15 ILCS 410/10b.12) (from Ch. 15, par. 437)
Sec. 10b.12. Reinstatements. For reinstatements with
the approval of the Director of Personnel of persons who held
certified status under this Code, the "Personnel Code", the
Secretary of State Merit Employment Code, or the University
Civil Service System of Illinois and who resign in good
standing or who are laid off.
(Source: P.A. 81-1465.)
(15 ILCS 410/10b.15) (from Ch. 15, par. 440)
Sec. 10b.15. Disciplinary actions. For the imposition as
a disciplinary measure of suspension from the Office of the
Comptroller without pay for not longer than 30 calendar days.
Notice of such disciplinary action shall be given in writing
immediately to the Director of Personnel, who may review any
such actions.
(Source: P.A. 80-1397.)
(15 ILCS 410/10b.16) (from Ch. 15, par. 441)
Sec. 10b.16. Discharge or demotion - hearings - statement
of reasons. For hearing before discharge or demotion with
the prior approval of the Director of Personnel only for
cause after appointment is completed, after the person to be
discharged or demoted has been presented in writing with the
reasons for requesting such discharge or demotion. The
statement of reasons shall be filed immediately with the
Director of Personnel.
(Source: P.A. 80-1397.)
(15 ILCS 410/10b.17) (from Ch. 15, par. 442)
Sec. 10b.17. Trainee programs. For trainee programs and
for the appointment of persons to positions in trainee
programs, hereinafter called "trainee appointments". Trainee
appointments may be made with or without examination, but may
not be made to positions in any class that is not in a
trainee program approved by the Director of Personnel.
Persons who receive trainee appointments do not acquire any
rights under jurisdiction B of the Merit Employment Code by
virtue of their appointments.
(Source: P.A. 80-1397.)
(15 ILCS 410/10d) (from Ch. 15, par. 444)
Sec. 10d. Extension to exempt positions. For the
extension of all or any of the jurisdictions of the
Department of Human Resources Personnel to positions exempted
by this Act.
(Source: P.A. 80-1397.)
(15 ILCS 410/12) (from Ch. 15, par. 447)
Sec. 12. Employees of the Office of the Comptroller -
election to public office - leave of absence - re-entry of
service. Any person holding a position in the Office of the
Comptroller, who is elected to public office, shall, upon
request, be granted a leave of absence, without pay, from
such position. The leave of absence shall continue so long
as he remains an elected officer and for a period of 30
calendar days thereafter.
If such person files a written request with the Director
of Personnel to re-enter active service with the Office of
the Comptroller within such 30 day period he shall be
reinstated to his former position or a position of comparable
duties, responsibilities and pay.
(Source: P.A. 80-1397.)
(15 ILCS 410/14) (from Ch. 15, par. 449)
Sec. 14. Records of the Department of Human Resources
Personnel. The records of the Department, including eligible
registers, except such records as the rules may properly
require to be held confidential for reasons of public policy,
shall be public records and shall be open to public
inspection, subject to reasonable regulations as to the time
and manner of inspection which may be prescribed by the
Director.
(Source: P.A. 80-1397.)
Section 10. The Comptroller's Records Act is amended by
changing Sections 1, 3, 4, and 5 as follows:
(15 ILCS 415/1) (from Ch. 15, par. 25)
Sec. 1. Comptroller may destroy records. After obtaining
the approval of the State Records Commission, the State
Comptroller may destroy any records made and kept by him.
When applying to the State Records Commission for approval to
destroy any records, the Comptroller shall accompany his
request with a list and a brief description of the records to
be destroyed. A copy of this list shall be sent to the
Secretary of State before any records are destroyed. The
Secretary of State shall examine this list to determine
whether any of the records which the Comptroller proposes to
destroy are of unusual historic value. If the Secretary of
State determines that any of the records are of unusual
historic value, he shall inform the Comptroller of his
determination, and the Comptroller shall deposit such record
in the State Archives rather than destroy them.
Warrants and vouchers shall be retained by Comptroller
for at least 3 5 years after the date thereof and may
thereafter be destroyed, but warrants must be reproduced as
required by Section 3 before being destroyed.
(Source: P.A. 85-621.)
(15 ILCS 415/3) (from Ch. 15, par. 27)
Sec. 3. Records to be photographed or reproduced on film
or in any electronic media. The State Comptroller may have
any records kept by him photographed, microfilmed, or
otherwise reproduced on film or in any electronic media prior
to destruction; provided, that prior to the destruction of
any warrants, the Comptroller shall have those warrants
photographed, microfilmed or otherwise reproduced on film or
in any electronic media, in 2 copies.
Reproductions shall be placed in conveniently accessible
files and and provisions made for preserving, examining and
using them.
(Source: P.A. 79-139.)
(15 ILCS 415/4) (from Ch. 15, par. 28)
Sec. 4. Specifications. Such photographic film or
electronic media retention shall comply with the minimum
standards of quality approved for permanent record
photographic microcopying film by the State Records
Commission, and the device used to reproduce records on such
film shall be one which accurately reproduces the original
thereof in all details.
(Source: L. 1959, p. 125.)
(15 ILCS 415/5) (from Ch. 15, par. 29)
Sec. 5. Archival copies Film as original records. Such
photographs, microfilms and reproductions on film or
electronic media shall be deemed original warrants and
records, for all purposes, including introduction in evidence
in all courts or administrative agencies. A transcript,
exemplification or certified copy thereof shall for all
purposes recited herein be deemed to be a transcript,
exemplification or certified copy of the original.
(Source: L. 1963, p. 1464.)
Section 99. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance
15 ILCS 410/3 from Ch. 15, par. 403
15 ILCS 410/4 from Ch. 15, par. 404
15 ILCS 410/6 from Ch. 15, par. 409
15 ILCS 410/6a from Ch. 15, par. 410
15 ILCS 410/8c from Ch. 15, par. 419
15 ILCS 410/9 from Ch. 15, par. 420
15 ILCS 410/9a from Ch. 15, par. 421
15 ILCS 410/10 from Ch. 15, par. 423
15 ILCS 410/10a from Ch. 15, par. 424
15 ILCS 410/10b.1 from Ch. 15, par. 426
15 ILCS 410/10b.6 from Ch. 15, par. 431
15 ILCS 410/10b.9 from Ch. 15, par. 434
15 ILCS 410/10b.12 from Ch. 15, par. 437
15 ILCS 410/10b.15 from Ch. 15, par. 440
15 ILCS 410/10b.16 from Ch. 15, par. 441
15 ILCS 410/10b.17 from Ch. 15, par. 442
15 ILCS 410/10d from Ch. 15, par. 444
15 ILCS 410/12 from Ch. 15, par. 447
15 ILCS 410/14 from Ch. 15, par. 449
15 ILCS 415/1 from Ch. 15, par. 25
15 ILCS 415/3 from Ch. 15, par. 27
15 ILCS 415/4 from Ch. 15, par. 28
15 ILCS 415/5 from Ch. 15, par. 29