Section 250.5  Definitions

 

"Act":  the State Universities Civil Service Act [110 ILCS 70].

 

"Allocation": assignment of a position to a class.

 

"Applicant": a person requesting permission to take an examination.

 

"Candidate": a person on a register, as qualified by examination, seniority, or service.

 

"Certification": the act of certifying.

 

"Certified": referred from a register, in accordance with the Act, as a candidate for consideration for employment.

 

"Certify": to refer from a register, in accordance with the Act, the name of a candidate who shall be considered for employment.

 

"Class": a group of positions that are so similar in duties, responsibilities, and job worth, and require such similar education and experience, that each position in the group has been given the same job title and is filled by the same tests of ability.

 

"Classification": assignment of a position to a class.

 

"Designated Employer Representative (DER)":  the person designated by the employer to act as its representative for the coordination of its acts and the exercise of its responsibilities in matters relating to the State Universities Civil Service Act and the Administrative Code.

 

"Demotion": is defined in Section 250.110(g)(1) (Note for clarification:  If a status employee, on their own initiative, requests a reassignment or a transfer to another position in their class or applies for, and takes, an examination and thereafter permits their name to be certified to a position in a class other than the one in which they are currently employed, and, in either case, accepts an appointment that results in a reduction in pay or pay potential, the reduction shall not be considered a demotion.)

 

"Employee": a person legally employed to perform the work of a position.

 

"Employer": the governing Board of an institution or agency specified in Section 36e of the Act; and, for purposes of administration pursuant to this Part, any institution or agency specified in Section 36e of the Act.

 

"Executive Director": the Executive Director of the State Universities Civil Service System.

 

"Law Enforcement Personnel":  an individual who has statutory authority to search, seize, or make arrests.

 

"Lesser Unit": a seniority unit within a class, within an institution or agency as specified in Section 36e of the Act, as determined by the Merit Board, provided two-thirds of the status employees within the class have agreed to the creation of the lesser unit.

 

"Merit Board" or "University Civil Service Merit Board": the governing body of the University System as defined in Section 36c of the Act.  The 11 members of the Merit Board represent the public universities of the State of Illinois and are appointed by their respective University governing boards.  The powers and duties of the Merit Board are defined in Section 36d of the Act.

 

"Nonstatus Appointment": appointment of a certified candidate to a position that has been classified and approved by the Executive Director as other than a status appointment.

 

"Place of Employment": an institution or agency as specified in Section 36e of the Act, or a unit of the institution or agency, as determined by the Merit Board, the designation of which has been for the purposes of maintenance of registers, computation of seniority, establishment of pay rates or ranges, and effecting transfers by an employer.

 

"Position": a group of duties and responsibilities, assigned or delegated by competent authority, requiring the full-time service of one person, or the part-time service of one or more persons.

 

"Reallocation": reassignment of an existing position to a class that is a part of a different promotional line, or to a class that is not a part of any promotional line.

 

"Reassignment": moving of an employee by an employer from one position to another in the same class within a place of employment, subject to limitations imposed by lesser units.

 

"Reclassification": reassignment of an existing position within a promotional line.

 

"Register": a list of one or more names of candidates, listed in accordance with the Act and this Part.

 

"Resignation": an act by which an employee voluntarily separates themself from their employment.

 

"Rewrite Examination": an examination for a class that is taken by an applicant subsequent to failing a previous examination for the same class, or that is taken by an applicant subsequent to passing a previous examination for the same class in an attempt to improve their examination score.

 

"Seniority": after completion of the probationary period, a term used to describe time worked in a class or in classes within the same promotional line, computed in accordance with the provisions of the Act and this Part.

 

"Service": a term used to describe time worked in a class under a status appointment by an employee who is serving, but who has not completed, a probationary period in that class.

 

"Status Appointment": appointment of a certified candidate to a position that has been classified and approved by the Executive Director as a continuing position under the position control record plan of the University System.

 

"Status Employee": an employee who has successfully completed a probationary period in a class.

 

"Status Position": a position that has been classified and approved by the Executive Director under the position control record system.

 

"Termination": discontinuance of services of an employee having a nonstatus appointment; discontinuance of services of an employee in one place of employment who has transferred within the System to another place of employment; failure of a provisional employee to meet certification requirements; and/or death, retirement, or inability of an employee to return from a leave of absence in accordance with Section 250.110(c).

 

"Transfer": moving of an employee from one position to another in the same class between constituent places of employment.

 

"Transfer List": a list of applicants who have been employed as sworn police officers within the past 24 months for employers to use to hire in lieu of the original entry register.

 

"University System": the State Universities Civil Service System.

 

(Source:  Amended at 48 Ill. Reg. 2281, effective January 26, 2024)

 

Section 250.10  Purpose, Adoption, and Amendment of Rules

 

a)         Purpose.

            The purpose of this Part is to give effect to the provisions of House Bill 831, as passed by the 67th General Assembly (an Act to create a classified civil service system to be known as the State Universities Civil Service System).  This Part shall be applied in accordance with the purposes of this Act as follows:

 

1)         To establish a sound program of personnel administration and to promote efficiency and economy in the services performed by the Illinois Community College Board, Southern Illinois University, University of Illinois, Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern Illinois University, Northern Illinois University, Western Illinois University, State Universities Civil Service System, State Universities Retirement System, the Illinois Student Assistance Commission, and the Board of Higher Education.

 

2)         To provide equal opportunity for all, equal pay for equal work, and career opportunities comparable to those in business and industry, which will attract outstanding personnel to the State university service.

 

b)         Adoption and Amendment of the Rules.

 

1)         This Part shall be known as Civil Service Rules.

 

2)         They become effective upon adoption by the Merit Board and ten days following their filing with the Secretary of State.

 

3)         They may be amended at any time by majority vote of the Merit Board.

 

c)         Policies and Procedures.  The Merit Board shall adopt and enforce policies and procedures for carrying out the provisions of this Part and those of the statute.  It shall supply appropriate forms for all personnel transactions required under this Part or the policies and procedures adopted under their authority.

 

(Source:  Amended at 20 Ill. Reg. 4440, effective February 29, 1996)

 

Section 250.20  The State Universities Civil Service System and its Divisions

 

a)         Classification and Allocation.  All staff positions at the Illinois Community College Board, Southern Illinois University, University of Illinois, Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern Illinois University, Northern Illinois University, Western Illinois University, State Universities Civil Service System, State Universities Retirement System, the Illinois Student Assistance Commission, and the Board of Higher Education, except those positions specifically exempted by Section 36e of the Act, are subject to classification functions as described in Section 250.30.

 

b)         Other Personnel Functions.  All positions in the institutions and agencies covered by the Act, except those exempted by Section 36e of the Act, are subject to the examination, appointment, and other personnel functions described under Sections 250.40 through 250.150 inclusive.

 

c)         Designated Employer Representative to Act for the Employer. 

 

1)         Each employer governed by the Act and by this Part shall appoint a Designated Employer Representative (DER) as described by Section 36d(12) of the Act.  The employer shall file with the Executive Director the name of the administrative official of the employer who has been designated by the employer to act as its representative for the coordination of its acts and the exercise of its responsibilities in matters relating to the Act and this Part.  The employer shall complete a Designated Employer Representative (DER) form provided by the University System that includes the following information:  place of employment, name and title of administrative official or (DER), address, phone number, email address, and the effective date of the appointment.  This form shall be signed by the chief administrative officer of the employer.  The University System will acknowledge receipt of the form.  No one may seek to appoint themselves as the DER; such an attempted appointment will be without force or effect.  It is the responsibility of the employer to maintain a current DER form with the University System.  If the employment of the individual appointed as DER is terminated for any reason, or if the employer withdraws its appointment as DER, the employer shall immediately appoint a new DER.  In the event of an unplanned or emergent departure of the appointed DER, the employer shall have 3 business days to appoint a new DER.  Absent such an unplanned or emergent departure, an employer without a current DER form on file with the University System shall not be permitted to complete any employment transactions subject to the Act and by this Part and the procedures.

 

2)         The DER may submit a DER Signature Authorization form naming an additional staff member to sign documents on their behalf should they be absent from the workplace.  The DER Signature Authorization form by the University System shall include the following information:  place of employment, designee’s name, specimen signature, address, phone number, email address, and the effective date.  The DER must certify and date the form.  The University System will acknowledge receipt of the form. This form shall remain in effect until the DER notifies the University System of any change.  If the employment of the additional staff member permitted to sign for the DER is terminated for any reason, or if the employer withdraws its authorization for this additional staff member to sign for the DER, the employer shall immediately notify the University System of this change.  In the event of an unplanned or emergent departure of an appointed DER, this signature authority shall expire upon the appointment of a new DER or within 3 business days, whichever is sooner.

 

(Source:  Amended at 47 Ill. Reg. 6574, effective April 30, 2023)

 

Section 250.30  The Classification Plan

 

a)         Coverage.  The classification plan shall include all classes, as approved, and from time to time amended, by the University System, except those exempted by Section 36e of the State Universities Civil Service Act (Act) [110 ILCS 70].  Exemptions under Section 36e of the Act shall be by position.  When approved by the Merit Board, a position shall remain exempt until the exemption is terminated by the Merit Board.  The Executive Director shall publish guidelines for the exemptions, as approved by the Merit Board.  This classification plan shall apply to all positions subject to Section 250.20(a).

 

b)         Class Specifications

 

1)         The University System shall maintain written specifications for each class in the classification plan.  The specifications shall include the class title, class code number, length of probationary period, function of position, characteristic duties and responsibilities, minimum acceptable qualifications, including any special licenses or certificates required by state or federal laws, additional desirable qualifications, and, as applicable, promotional line, and occupational area.

 

2)         The University System shall provide notification to all employers of the addition of a new classification or of the reactivation of a former class, together with a copy of the class specification.  Except that, for status employees affected by reclassification or reallocation of their positions, as provided in subsections (i)(1) and (i)(2), this Section does not apply.  The notification of the addition of a new class or of the reactivation of a former class, as provided for in this Section, shall be through the University System website and, if necessary for the course of recruitment, also posted in all public places allocated for Civil Service employment information, including electronic means such as official employer websites.

 

c)         Use of Class Titles.  The title of each class shall be the official title of every position allocated to the class for all purposes having to do with the position.  This title shall be used on all personnel records and transactions.  A functional title may also be given to a position by the employer, but that functional title cannot be a title approved by the Merit Board as a Civil Service class title.

 

d)         Use of Class Code Number.  The class code number is the number that is assigned to each class title in the classification plan.

 

e)         Use of Promotional Line within a Class Specification Series.  Each class specification series is assigned a promotional line.  The promotional line can be found on the class specification.

 

f)         Occupational Areas within a Class Specification.  Each class in the classification plan shall be assigned an occupational area.  There are 16 occupational areas within the classification plan as follows:

 

1)         01        professional;

 

2)         02        semi-professional;

 

3)         03        managerial;

 

4)         04        clerical;

 

5)         05        stores;

 

6)         06        aeronautical;

 

7)         07        agricultural;

 

8)         08        custodial services;

 

9)         09        domestic services;

 

10)         10        food services;

 

11)         11        heat, light, and power services;

 

12)         12        medical services;

 

13)         13        protective;

 

14)         14        skilled trades;

 

15)        15        semi-skilled trades; and

 

16)        16        unskilled trades.

 

g)         Allocation of New Positions.  When a new position is established, the employer shall allocate that position to an appropriate classification.

 

h)         Reallocation or Reclassification of Existing Positions

 

1)         A request to reallocate or reclassify any existing position may originate with the employee and/or the employer.  When material changes occur in the duties and responsibilities of a position, the employer shall reallocate or reclassify the position to its appropriate class.

 

2)         A position may be abolished, the class of a position may be changed, or a new class specification may be prepared, provided that the change shall not be made for the purpose of separating an employee from employment in a position in their class.

 

3)         In order to maintain a sound classification program, the employers, working with the staff of the University System, shall carry on continuous classification studies.

 

i)          Status of an Employee Whose Position is Reallocated or Reclassified

 

1)         An employee whose position is reallocated or reclassified shall be eligible for continued employment in the position that is reallocated or reclassified, provided the employee establishes eligibility for the new class.  An employee may establish eligibility by meeting the minimum qualifications for the new class to which the position has been reallocated or reclassified and by passing an examination for the new class.  The employee must complete a probationary period in the position in the new class.

 

2)         A status employee in a position that is reallocated or reclassified who chooses not to qualify for, or who fails to gain eligibility for, the new class shall have their name placed by the employer on the reemployment register for the former class in accordance with Section 250.60(b)(1).

 

3)         An employee serving a probationary period in a position that is reallocated or reclassified, who fails to gain eligibility for the new class, and for whom no vacant position exists in the class from which their position has been reallocated or reclassified, shall have their name placed by the employer on the register from which they were certified to a position in the former class in accordance with Section 250.60(b)(2) or (b)(3).  If the employee has completed a probationary period in a position in a lower class in the same promotional line as that of their former position, the employee's name shall be placed by the employer on the reemployment register of the lower class in accordance with Section 250.60(b)(1).

 

(Source:  Amended at 48 Ill. Reg. 2281, effective January 26, 2024)

 

Section 250.40  Military Service Preference, Veterans Preference

 

Eligibility for Preference.  To receive preference under the Statute, an applicant for an original entry examination must furnish proof of eligibility for preference within ten days after filing an application for examination.  Acceptable proof shall be an official or photostatic copy of each discharge or release from military service.

 

a)         Any other rule or procedure of the System notwithstanding, a status or nonstatus employee who voluntarily or involuntarily leaves an employer to enter the military service of the United States, shall be entitled to all the rights and privileges accorded by the Service Men's Employment Tenure Act of 1941, as amended.

 

b)         After a status or nonstatus employee makes application for reemployment, the employer shall return him to work within 30 calendar days.

 

Section 250.50  Examinations

 

a)         Kinds of Examinations. Each classification shall have a designated examination.  Each examination may have multiple components.  A candidate who obtains a score on the examination that is deemed to be passing will have his/her score placed on either an original entry register or a promotional register. Examinations  shall be open and continuous competitive examinations.  For the purpose of this Section, an original entry and a promotional examination shall be considered to be one and the same examination.

 

b)         Eligibility to Compete in Examinations

 

1)         Any citizen or resident of the State of Illinois who applies for examination in a specific class at a constituent place of employment served by the University System, who is not rejected or disqualified under subsection (c), and who meets the minimum qualifications as prescribed in the class specification shall be admitted to the examination. Out-of-state applicants may also be admitted for examination in accordance with conditions outlined in subsection (b)(6).

 

2)         A status employee in a place of employment who is not rejected or disqualified under subsection (c), who meets the minimum qualifications specified in the class specification for a higher class in the appropriate promotional line, and who is working by virtue of a status appointment in a position of a lower class in the same promotional line, is on leave of absence from that position, or is on layoff from that position shall be admitted to an examination. An employee who obtains a passing score will have his/her score placed on a promotional employment register.

 

3)         An applicant who fails to meet the minimum qualifications established for the class, but who can offer qualifications, that in the opinion of the Executive Director, are considered to be compensatory, shall be admitted to the examination for the class.  The names of all applicants who pass the examination shall be placed on the appropriate register in order of score.

 

4)         In the absence of a name of a candidate on any existing register for a class, an applicant who does not possess the minimum qualifications for the class and cannot present compensatory qualifications may be admitted with prior approval of the Executive Director to the examination for the class for the purpose of attempting to fill a specific vacancy.  The name of an applicant so admitted, and who passes the examination, shall remain on the register only until the specific vacant position has been filled.

 

5)         In accordance with the Americans With Disabilities Act (ADA) (42 USC 12101), any applicant with a recognized disability may receive an accommodation for any examination maintained by the University System.  These accommodations are to be administered in coordination with requirements contained in the ADA, the State Universities Civil Service Act and this Part, and other applicable policies at each employment location.

 

6)         For classes within the 01 professional, 02 semi-professional, 03 or managerial occupational areas for which a broader recruitment base is typically applied, out-of-state residents may be admitted to the examination and equally considered.  In these instances, when the Illinois citizenship or residency requirement is waived,

out-of-state candidates must establish Illinois residency within 180 calendar days after any employment offer or final appointment.

 

7)         Any applicant may complete an examination for a class four times within any 12 month period, with at least one month time lapse between every rewrite.  The candidate's place on the register for the class shall be determined by the highest score achieved on any examination for the class.

 

c)         Rejection or Disqualification of Applicants.  The employer may reject any applicant or, after examination, the Executive Director may refuse to certify any candidate who, in addition to requirements specified in Section 36f of the State Universities Civil Service Act and subsection (b), fails to pass a physical examination given to determine his/her physical qualifications for employment, abuses intoxicating substances, uses illegal drugs or narcotics, has been dismissed from either private or public service for a cause detrimental to his/her employment, has maintained an unsatisfactory employment record, has practiced deception or fraud in his/her application, examination or material pertaining to these, or has committed an offense that, in the judgment of the Executive Director, disqualifies him/her for employment.

 

d)         Character of Examinations

 

1)         All examinations within the classification plan shall consist of one or more of the following:  cognitive or knowledge test; typing test; oral board test; physical fitness test; credential assessment test; or modified education and experience test or other similar examinations as authorized by the Executive Director.

 

2)         A cognitive or knowledge test may be utilized for certain examinations and consist of one or more of the following components:  essay, multiple choice, true/false, or short answer questions.  A typing test may be required for certain examinations that would require an applicant to perform this skill. Oral board and physical fitness tests are components for the Police Series examinations.  A credential assessment test may be utilized for certain classifications. That test consists of a review of the applicant's resume or employment application, professional certification, licenses, or other education or experience deemed relevant.  A modified education and experience test is a rating of an applicant's training and experience based on the applicant completing a prescribed examination form provided by the University System.  For classifications requiring valid licenses or certifications, an applicant must show possession of the license or certificate prior to taking the examination.

 

3)         All examination content shall be provided by the staff of the University System.

 

4)         All examination supplies and materials and all examinations are the property of the University System.

 

5)         An examination may be revised, with the approval of the Executive Director, without affecting existing original entry or promotional registers for the class, providing the revision does not change the character or weighting of sections of the examination.

 

6)         Upon approval of the Executive Director, the character or weighting of sections of an examination may be changed, provided there is sufficient evidence that the current examination for the class is not a satisfactory examining instrument and the current examination has been in use for a period of at least one year.  At least 30 calendar days advance notice of the change shall be given to all appropriate employers who shall then communicate the notice to each candidate on an original entry or promotional register by score and shall further communicate the notice to any applicant who applies for an examination during the notice period.  During the notice period, qualified applicants and candidates whose names are already on the register by score may be scheduled for the examination upon his/her request.  At the end of the notice period, the previous original entry register or promotional register of candidates by score will be voided, and a new original entry register or promotional register by score shall be established on the basis of the new examination.

 

e)         Security and Confidentiality Requirements in the Examination Development Process

 

1)         The examination development process requires all subject matter experts, and any other participant in the development process, to exercise discretion and maintain the confidentiality and security of ALL examination materials in their possession.  Any person, including but not limited to a University System staff member, Designated Employer Representative/Human Resources employee, subject matter expert, union representative, or incumbent/volunteer involved in any step of the examination development process who willfully or corruptly discloses, distributes, or fails to secure and maintain materials used in the development of an examination instrument shall be considered in violation of the Act.

 

2)         Following the final development of the examination questions, all electronic/paper copies of questions, along with all reference sources for these questions, must be deleted from emails, computers, external hard drives, etc.  Any hand written notes that contain examination data elements or comments must be returned to the University System.

 

3)         All persons must be aware that any violation of the Act is a criminal offense and is punishable under Section 46 of the Act.

 

4)         If a security breach is discovered, the University System will contact the Illinois Inspector General's Office and the State's Attorney of the county where the offense occurred for investigation and prosecution.  The offending party may be held liable for costs incurred by the security breach and the position held by the party will become vacant upon conviction.  Additionally, universities and agencies may be forced to freeze all registers and discontinue all employment actions in the affected classification or classifications.

 

f)         Administration of Examinations 

 

1)         As approved by the Executive Director, examinations shall be scheduled and administered by the employer.  The examinations shall be conducted on an open and continuous basis.  Upon request by the employer and approval by the Executive Director, examinations to original entry registers at each place of employment may be closed up to six calendar months when a sufficient number of candidates on the register has been established and further recruitment and testing is not required for a period of time. 

 

2)         In making the determination to close an examination, the Executive Director will consider requests by the employer based on the number of positions in the class, projected new positions, and annual turnover rate.  The employer shall be responsible for the security of all examination materials in the employer's custody and access to any electronic examination process, as provided to the employer by the University System.

 

g)         Rating of Examinations

 

1)         The Executive Director and the staff of the University System shall use appropriate scientific techniques and procedures in rating tests and in determining resulting rank to the end that all competitors receive uniform and fair treatment.

 

2)         Each examination shall contain a rating or grading form for employers to utilize in the grading of an examination.  Each examination will have its own rating form and is developed by the University System at the time of a new or revised examination.  The rating form provides a breakdown of how points are awarded in each area of the examination.

 

3)         Failure in any portion of a total examination, the passing of which is deemed necessary to qualify for eligibility in the class for which the applicant is being examined, shall eliminate the applicant from passage of the complete examination, regardless of his/her score in other portions of the examination.  For each eliminating test and the final average in an examination, the Executive Director shall announce the minimum acceptable rating.

 

4)         The passing score for eligibility for certification shall be 70.  This score shall be the same for all examinations given for a class, but it may be changed if, in the judgment of the Executive Director, the change is for the best interest of the University System.  The change shall be applicable uniformly to all examinations for the class.  The passing score shall be made known to all those taking the examination.

 

5)         An applicant who fails to gain eligibility for employment in a higher class may, at the discretion of the Executive Director, elect to accept eligibility for a lower appropriate class, if his/her scores on all appropriate parts of the examination are sufficient to qualify him/her for the lower class.

 

6)         All examination scores shall be on a scale of 1 to 100, with decimal points in examination scores being rounded to the nearest whole number, i.e., with below .5 having the decimal points dropped and with .5 or above being rounded to the next whole number.

 

h)         Notification and Review of Scores

 

1)         An applicant shall be sent a written notice of the date and results of his/her examination.  The notice must indicate whether the score achieved is passing or failing and if it includes credit for Veterans Preference.

 

2)         All requests by applicants for formal review of examination scores shall be submitted to the Executive Director.

 

i)          Filing of Examination Records.  All examinations, and all examination components, administered by the employer shall be retained by the employer in accordance with the employer's record retention policy or in accordance with the University System's record retention policy and in accordance with the State Records Act [5 ILCS 160].

 

(Source:  Amended at 40 Ill. Reg. 11192, effective August 4, 2016)

 

Section 250.60  Eligible Registers

 

a)         Establishment of Registers

 

1)         The employer shall establish three kinds of registers in each place of employment in accordance with this Part:  reemployment, promotional, and original entry.

 

2)         On a monthly basis, or as designated, the employer shall file with the office of the Executive Director a list containing name, class, date of examination, examination number and score of all candidates, and these records shall constitute the master record of examinations taken by the applicants of the System for that employer.

 

b)         Composition of Registers

 

1)         Reemployment registers shall contain names of status employees who have been laid off through reduction in force or who, because of reallocation or reclassification of positions or other causes not prejudicial to the service, have failed to gain eligibility in the new class or who have chosen not to qualify in the new class.  The registers shall have the appropriate names listed according to class and in the order of seniority as earned up to the date of eligibility for a position on the reemployment register.

 

2)         Each lesser unit shall have its own reemployment register.

 

3)         Promotional registers shall be by class and shall contain names in the following categories and order:

 

A)        Listed in order of total service in the class:

 

i)          names of employees with status appointments, after having been certified from the promotional register, who have been laid off during the probationary period through reduction in force, with credit for total service as of date of layoff; or

 

ii)         names of employees with status appointments, after having been certified from the promotional register and who, during the probationary period, have failed to gain eligibility following reallocation or reclassification of positions, with credit for total service as of date of ineligibility; or

 

iii)        names of current employees reinstated by total service in accordance with subsection (j)(4).

 

B)        Listed in order of promotional examination scores: names of successful candidates in accordance with Section 250.50(b).

 

4)         Original entry registers shall be by class and shall contain names in the following categories and order:

 

A)        Listed in order of total service to the employer: names of employees who have been, or who may be, separated from status appointments, after completion of at least six months of service to the employer, resulting from a permanent abolishment of a functional service, provided that not later than 90 days after the abolishment of the service, they have qualified for, and have received a passing score on, an original entry examination for the class.

 

B)        Listed in order of total service in the class:

 

i)          names of employees with status appointments, after having been certified from the original entry register, who have been laid off during the probationary period through reduction in force, with credit for total service as of date of layoff; or

 

ii)         names of employees with status appointments, after having been certified from the original entry register and who, during the probationary period, have failed to gain eligibility following reallocation or reclassification of positions, with credit for total service as of date of ineligibility; or

 

iii)        names of current employees reinstated by total service in accordance with subsection (j)(4).

 

C)        Listed in order of total service in the class:

 

i)          names of former employees restored by total service in accordance with subsection (j)(5); or

 

ii)         names of employees seeking transfer, listed according to total service as of date of request for transfer.

 

D)        Listed in order of original entry examination scores: names of successful candidates in accordance with Section 250.50(b) and employees seeking transfer in accordance with Section 250.100(c)(3).

 

c)         Precedence of Registers.  For appointment purposes, registers shall have precedence in the following order:  reemployment, promotional, and original entry.

 

d)         Certification from Registers

 

1)         Reemployment in positions shall be made in accordance with the register, with highest seniority taking precedence.  From a reemployment register, the employer shall certify only one name for appointment.

 

2)         From the promotional register or original entry register, the employer shall certify the candidates with the three highest scores on the register at the time the vacancy is declared, or as otherwise provided under subsection (d)(3).

 

3)         When ties in scores exist on an original entry register or promotional register for a class, all candidates with a tie score, and hence of the same relative excellence, shall be equally eligible to be considered as one of the available candidates certified from the register.  The employer shall conduct an interview with, and shall consider, all candidates certified from the register in this manner prior to making its recommendation for selection, except that a single selecting official for the employer shall not be required to interview more than once the same candidate, as currently certified from the register, for a position of the same class.

 

4)         If a total of three candidates are not available from the promotional register and/or original entry register, the employer shall certify those listed, and in addition may refer enough other candidates so that the employing officer has the choice of three candidates for the position.  Such additional candidates as are necessary to provide the employing officer with a choice of three must be qualified for the class of the position to which referred and may be employed in accordance with Section 250.70(b)(1) and Section 250.90(b)(6).

 

5)         A promotional register and/or an original entry register becomes closed for the purpose of certification of the names of candidates to a particular vacant position at a time established by the employer.  Once this time has been established, it must become a matter of record, and it cannot be changed unless, when this time is reached, the employer is unable to provide to the selecting official three candidates from the promotional register and/or original entry register, and the selecting official wishes to interview three candidates prior to filling a position, whereupon a new date must be established in accordance with the aforementioned procedure.  The selecting official shall interview from the registers, for any one vacancy, in accordance with the provisions of subsection (d)(3).

 

6)         Candidates on an eligible register may be referred concurrently to more than one vacancy in the appropriate class, if, in the judgment of the employer, the procedure is needed to speed up employment transactions. Total referrals to a vacant position are to be limited to the candidates with the top three scores, or in accordance with the provisions of subsection (d)(3).

 

7)         The name of a candidate on a register, who at the time of induction into military service is an employee of an employer under the University System, shall be placed in suspension until the termination of military service, at which time his/her name shall be reactivated on the appropriate register in the order of his/her score on the original examination, providing the register of the class has not been voided during the period of his/her military leave.

 

8)         In making a selection from among those candidates with the top three scores certified from the register, and in accordance with the provisions of subsection (d)(3), the employer shall not discriminate because of race, color, religious or political affiliation, or because of age or sex, when the reasonable demands of the position do not require such a distinction.

 

9)         The Executive Director may authorize specialized position certification for eligible register candidates or incumbents who possess special and identified qualifications that are job-related requirements for a specific position, as well as being fully qualified for the class.  Upon certification from a register, candidates with the top three scores who possess the established specialized requirements shall be referred for interview.

 

e)         Acceptance of Candidates.  The employer shall record the appointment of the candidate selected, and shall return the names passed over to the appropriate eligible register for future certification.

 

f)         Registers by Places of Employment

 

1)         Applicants applying for examinations will be asked to specify places of employment at which they will accept employment, except as provided for in subsection (f)(4), and a statement of that place of employment preference shall constitute a refusal by the candidate of employment at other places of employment.  The statement of limited availability shall not constitute a refusal to accept an offer of employment as defined in subsection (g)(5), or employment in the place or places of employment in which the candidate declares himself/herself available for employment.  A candidate may amend his/her statements of availability at any time while his/her name is on a register.

 

2)         Following examination, a candidate may request the transfer of an active passing original entry examination score to a place of employment other than the one at which he/she originally wrote the examination.

 

3)         Following examination, a candidate may request the transfer of an active passing promotional examination score to any place of employment within his/her employing institution or agency.

 

4)         In an institution with multi-campus operations, in which a central administrative unit has been established by the Merit Board as a separate place of employment, promotional registers and original entry registers for that place of employment shall be an amalgamation of all promotional registers and original entry registers, respectively, of all places of employment established for that institution.

 

g)         Mandatory Removal of Names from Registers.  The employer shall remove the names of candidates from the reemployment registers, original entry registers and promotional registers for the reasons set forth in subsections (g)(1) through (9). The reasons are:

 

1)         Certification from the register to a status position in a specific class and acceptance of a status appointment in that position and class.

 

2)         Death of the candidate.

 

3)         Receipt of proof or determination by the Merit Board that the candidate lacks any of the required qualifications, or is subject to rejection for any cause specified in Section 250.50(c).

 

4)         Receipt by an employer of a written request from the candidate to remove his/her name from a register.

 

5)         Refusal, without reasonable cause, to accept three offers of status appointment by the candidate.

 

6)         Resignation of the candidate from a status position.

 

7)         Attempt by a candidate to practice any deception or fraud in connection with an examination or application for employment.

 

8)         When a change in class or testing standards or another classification plan change requires removal.  In this instance, specific guidelines for the removal of names from registers shall be provided by the University System.

 

9)         From promotional registers at the termination of the leave of absence from a position in his/her former class when a candidate accepts a position in a class outside the promotional line of the applicable registers.

 

h)         Permissive Removal of Names from Registers.  The employer may remove the names of candidates from original entry registers  and from promotional registers for the reasons set forth in this subsection (h).  Names of candidates may be removed from reemployment registers for the reasons set forth in subsections (h)(1) through (7).  The reasons include, but are not limited to, the following:

 

1)         Failure of a candidate to report for work without good cause within the time prescribed by the employer, after accepting a status or a temporary appointment.

 

2)         Leaving the service of any employer served by the University System by an employee with a status appointment.

 

3)         Failure to reply to the employer within seven calendar days immediately following an offer of a status or a temporary appointment by an employer.

 

4)         Notice by postal authorities of their inability to locate the candidate at his/her last known address, or verbal notice from the owner or occupant of the premises that the candidate is no longer at his/her last known address and that no forwarding address has been provided.

 

5)         Failure of a candidate, upon request, to furnish written evidence of availability for employment.

 

6)         Failure, without reasonable cause, to reply to the employer or appear for an interview within a reasonable time prescribed by the employer, when the employer has mailed either a notice of a vacancy in a status or temporary position or a letter of interest to the candidate's last known address.

 

7)         Upon the candidate's acceptance of a promotion.

 

8)         Failure of a candidate to be selected for employment after four referrals for a status appointment in the same class.

 

9)         When candidates' names have remained on original entry registers for two consecutive years following date of most recent examination, or following date of original entry restoral on the basis of service or seniority in accordance with subsection (j)(3), (4) or (5).

 

10)        In classifications identified by the Executive Director and approved by the Merit Board, upon the expiration of the designated timeframe specified in a formal position vacancy posting.  Classifications to be included under this provision shall be determined by, but not limited to, an evaluation of the following factors: occupation area, employment and turnover rates, pre-employment screening protocols utilized, operational needs and trends, and/or other special circumstances and justification.

 

i)          Notification of Candidates of Removal of Names from Registers. Candidates whose names are removed from reemployment registers, promotional registers, and/or original entry registers in accordance with subsections (g) and (h) shall be notified in writing by the employer and provided the reason for the removal.

 

j)          Restoration of Names to Registers.  The employer may return to an appropriate register:

 

1)         Within one year after the date of removal, any name removed from a register for the reasons set forth in subsections (g)(3) or (4), or in subsection (h).

 

2)         Any name to a reemployment register as provided for in Section 250.110(b)(3)(G)(i).

 

3)         Any name of an employee to an original entry register or to a promotional register who has qualified by examination and who has been laid off during his/her probationary period, in the order of length of service in the class determined in accordance with Section 250.90(b)(4) and (5).

 

4)         The name of a current employee who has been previously employed in a class for which restoral is being requested by service and/or seniority in that former class.

 

5)         The name of a former status employee who resigned or otherwise has been separated from employment in good standing and who, within one year after resignation or separation from employment, requests restoration to a register shall, upon approval of the employer, be restored on the original entry register in accordance with seniority earned as of the date of resignation or separation as determined in accordance with Sections 250.90(b)(5) and 250.120(e).  The former employee may be required to pass physical tests or other tests required by this Part to determine fitness at the time of restoral.  Seniority earned prior to resignation shall be restored.

 

(Source:  Amended at 40 Ill. Reg. 3105, effective January 26, 2016)

 

Section 250.70  Nonstatus Appointments

 

a)         Temporary Appointments

 

1)         Temporary appointments are made to any positions the employer certifies to be emergent, temporary, or transitory.  Temporary appointments shall be for not more than three months.  With approval of the Executive Director, they may be renewed in accordance with need up to a maximum of six months less one day.

 

2)         An employer shall fill a temporary position by calling candidates in the same manner as for status appointments, and in accordance with Section 250.60(d).  Refusal to accept, or acceptance of, a temporary appointment by a candidate shall in no way affect the candidate's position on the register, regardless of number of refusals or acceptances.

 

3)         A candidate may request that he/she not be called for temporary positions.

 

b)         Provisional Appointments

 

1)         In the absence of a register, an employer may make a provisional appointment, in accordance with Section 36n of the Act, providing the person so appointed possesses the qualifications for the position stated in the appropriate class specification.  In order to establish eligibility for a status appointment, the provisional appointee must file application for, and pass, the examination for the appropriate class.

 

2)         A provisional employee who has not qualified by examination may continue to be employed, providing no candidate is available for appointment from the appropriate register.

 

c)         Apprentice Appointments

 

1)         An apprentice is a nonstatus employee who is employed in an occupation defined as an "apprenticeable occupation" by the United States Department of Labor, Bureau of Apprenticeship and Training, in accordance with registered apprenticeship standards.  These standards shall include, but are not necessarily limited to, criteria for screening and selection of apprentices, term of apprenticeship, requirements of related instruction, a schedule of work processes, a progressively increasing schedule of wages, periodic evaluations of the apprentice's progress, recognition for successful completion of the apprenticeship, and other requirements as established by the Joint Apprenticeship Committee governing the program in which the apprentice is enrolled and employed.  The standards must meet basic requirements and be registered with the USDOL Bureau of Apprenticeship and Training.

 

AGENCY NOTE:  An apprenticeable occupation is a trade or craft that is recognized as apprenticeable by the USDOL Bureau of Apprenticeship and Training, is customarily learned through work experience that requires 4,000 or more hours of work to learn, requires related instruction or study to supplement the work experience, is clearly identified and commonly recognized throughout the industry, involves the development of skill and knowledge sufficiently broad to be applicable in like occupations throughout an industry, and meets the standards of the area.

 

2)         A program meeting the basic fundamentals for registration will be developed by a joint apprenticeship committee composed of employer, employee representatives, and a representative from the USDOL Bureau of Apprenticeship and Training.  The program shall be submitted to, and approved by, the Executive Director.  Following the Executive Director's approval, the program will be submitted for approval and registration to the USDOL Bureau of Apprenticeship and Training.  However, no apprentice program will be developed for a job classification for which there is an existing registered area program.

 

3)         Apprentices who are individually registered in the program registered with the USDOL Bureau of Apprenticeship and Training, may be employed without University Civil Service examination.

 

4)         An apprentice who satisfactorily completes apprenticeship in accordance with the prescribed apprenticeship standards of the program in which registered will have attained the status of journeyman.  The incumbent will not be subject to University Civil Service examination and no right to continuation in employment is earned by the satisfactory completion of the apprenticeship.  If employment is continued at the journeyman level after satisfactory completion of an apprenticeship, seniority in the promotional line shall be counted from the date that the employee acquires journeyman status.

 

d)         Intern Appointments

 

1)         With the approval of the Executive Director, an employer may appoint an intern to any position, provided all of the following criteria have been met:

 

A)        no qualified candidates are available from a reemployment register or promotional register for the class;

 

B)        a predetermined and scheduled program of development, training or experience has been established and approved  for the candidate;

 

C)        a compensation program has been developed that provides for progressively increasing salary levels payable upon completion of defined phases of training.  The intern's starting salary shall not be more than 95% of the minimum of the approved pay range for the class. The intern's salary, after increases have been awarded, shall not exceed 95% of the midrange of the approved pay range for the class; and

 

D)        the employer can verify that one of the following factors exists:

 

i)         the candidate lacks one or more of the minimum qualifications for the class;

 

ii)        recruitment efforts have failed to attract qualified candidates;

 

iii)       operating needs warrant ongoing training programs to supplement staffing recruitment efforts;

 

iv)       there is a recognized need for specialized training programs in technical or professional fields.

 

2)         If, in the opinion of the employer, the intern completes the prescribed training in accordance with the standards established by that intern program, he/she shall be certified to a position of the class for which he/she completed his/her intern program.

 

3)         Following successful completion of an intern program and probationary period, seniority in the promotional line, or in the class, shall be counted from the date that the employee satisfactorily completes the intern program.

 

4)         If a class has fewer than 10 positions, an employer may have one intern appointment in the class.  If a class contains 10 or more positions, not more than 10% of the total positions in the class may be filled by intern appointments on any day of operation.

 

e)         Student Appointments

 

1)         Each employer shall determine which positions shall be designated as student positions, and when so designated, they shall be filled according to this Part and such other regulations as are established by the employer pursuant to this Part, subject to the approval of the Executive Director.

 

2)         A student employee shall not displace a certified Civil Service employee.

 

3)         A student, for purposes of this Part, shall be one who is registered for course work at an institution served by the University System for at least one-half of the normal workload of a regularly enrolled full-time student, as such workload is determined by the employer.  Lacking such enrollment during a summer session, or summer quarter, an applicant may be considered a student for the purposes of this Part if he/she was enrolled as a student during the quarter or semester immediately preceding the summer session, or if he/she indicates an intention to be so registered during the quarter or semester immediately following the summer employment.  In any case, the possession of a properly authenticated student identification card shall be deemed as providing satisfactory evidence of student status.  The Executive Director may approve exceptions to this subsection (e)(3) when sufficient cause is evidenced; such as, but not limited to, graduating seniors, financial hardship cases, personal or physical problems, etc.

 

4)         A uniform classification plan for student employees, which shall provide groups of positions sufficiently similar in duties, responsibilities and qualifications as to be given the same class title and to be of a similar level of job worth, shall be established by each employer, subject to the approval of the Executive Director.

 

5)         Each employer shall establish a wage rate or range for each position grouping, taking into account job requirements, rates paid locally for similar work, including rates paid to Civil Service employees, consistency within the student aid program of the employer, and availability of funds. No student employee shall be paid below the minimum rate, or above the maximum rate, as established for the position grouping in which he/she is employed, unless approved by the Executive Director.  No maximum rate for student employment shall exceed the maximum rate established for comparable Civil Service classes on the same campus.

 

6)         The employer may give applicants for student employment a screening examination, without Civil Service status, if the examination is deemed necessary for the selection of employees.

 

7)         No seniority as a Civil Service employee is earned through employment in a position designated as student.

 

8)         A student employee is not eligible for paid vacation, paid holidays, or disability leave, as established by the Benefits Policy approved by the Merit Board and by the governing Boards of the institutions served by the University System.

 

9)         A position designated as student may be terminated at any time at the discretion of the employer.

 

10)         Each employer may make such regulations and policies governing student employment on its respective campuses as it deems desirable, subject to the Act and this Part governing the University System.

 

f)         Extra Help Appointments

 

1)         An Extra Help appointment may be made by an employer to any position for work  the employer attests to be casual or emergent in nature and that meets the following conditions:

 

A)        the amount of time for which the services are needed is not usually predictable;

 

B)        payment for work performed is usually made on an hourly basis; and

 

C)        the work cannot readily be assigned, either on a straight-time or on an overtime basis, to a status employee.

 

2)         Qualification determination shall consist of a review of the employee's application and a verbal interview.  Qualifications will be determined to be Acceptable or Not Acceptable.  When skills are required for clerical/secretarial positions, an examination to demonstrate acceptable skills will be administered.  The applicant will be required to pass the examination at a standard established by the employer.  A listing of those applicants who have been determined to be Acceptable shall be maintained by the employer.

 

3)         An employer shall fill an Extra Help position by referring persons to the employing unit from the Extra Help list of Acceptable candidates.

 

4)         Acceptance or refusal to accept an Extra Help appointment by a candidate shall in no way affect the candidate's position on any Extra Help list, or on any other register maintained by the employer.

 

5)         Classifications will be established in broad categories, such as administrative, professional, technical, clerical, trades, and service.

 

6)         An Extra Help position may be utilized for a maximum of 900 hours of actual work in any consecutive 12 calendar months. The employer shall review the status of the position at least every three calendar months.  If at any time it is found that the position has become an appointment that is other than Extra Help, the employer shall terminate the Extra Help appointment.  If an Extra Help position has accrued 900 consecutive hours, the position shall not be reestablished until six months have elapsed from the date of the termination of the position.

 

7)         Upon working 900 hours, an Extra Help employee cannot resume employment in any Extra Help appointment at a place of employment until 30 calendar days have elapsed.

 

8)         The employer shall quarterly review its use of Extra Help appointments to ensure compliance with this Section.

 

9)         Compensation of Extra Help employees shall be within the limits established for comparable service in status employment.

 

(Source:  Amended at 36 Ill. Reg. 6014, effective April 6, 2012)

 

Section 250.80  Status Appointments

 

a)         Permanent and Continuous Positions.  Appointments from the eligible registers to positions which have been assigned to a class and approved by the Director, and which the employer has certified intention of continuing on a regular employment basis for the duration of the probationary period, shall be status appointments.  Such appointments may be on a full-time or on a percentage of a full-time basis.

 

b)         Contract Appointments.

 

1)         Contract Appointments are made to positions in the System when such positions are covered by a contract between an employer served by the System and either:

 

A)        the State of Illinois, or an agency thereof, where the work performed is under the direct supervision and control of a member of the staff of the state agency, and on the premises of that agency; or

 

B)        any institution, agency, or organization, other than the State of Illinois, or any agency thereof, where the work is required to be performed at locations away from the premises of the employing College or University or its immediate environs.

 

2)         The examination shall be brief, simple, and easily administered, and shall consist of a review of the employee's application and a verbal interview.  The examination shall be scored as:  Highly Qualified; Qualified; Acceptable; Not Acceptable.  The Director shall, upon request for such candidates, certify to the employer the names and addresses of all the persons who have scored in the highest of the three categories, namely:  Highly Qualified; Qualified; Acceptable, in which one or more candidates have scored, and the employer shall select one of the persons so certified.

 

3)         The duties of a position for which contract employment is used shall be classified to meet generally the specifications for a comparable class established for other services in the System.

 

4)         Rates of pay shall be established which take into account both the salary range currently established for the appropriate class and rates applicable in the community where the work is being performed.

 

5)         Seniority shall be established on the basis of the agency or locality in which the work is being performed.

 

Section 250.90  Probationary Period

 

a)         Purpose of Probationary Period.  The probationary period is an integral part of the examination process, and shall be utilized by the employer for close observation and evaluation of the employee's work, for obtaining the most effective adjustment of a new employee to his/her position, and to determine whether an employee demonstrates the ability and qualifications necessary to furnish satisfactory service.  Periodically, throughout the probationary period, the employer should discuss with the employee his/her progress on the job.  An employee who is dismissed during a probationary period shall be given the reasons for his/her dismissal, with the understanding that the reason is not reviewable.

 

b)         Duration of Probationary Period

 

1)         Candidates employed from the reemployment register shall not be required to serve a new probationary period.

 

2)         An employee who has accepted a status appointment shall be on probation for no less than six months and no longer than 12 months.  The probationary period shall be extended by a comparable amount of time for the following personnel actions:  a paid or unpaid leave of absence that exceeds more than five consecutive work days; a layoff of any duration; a suspension of any duration; or a designated off-site formalized training session, provided the Executive Director has approved the off-site training for that extension.  The probationary period shall begin on the date of assignment to duty and shall expire at the close of business on the last working day that completes the probationary period for the class, regardless of percentage of time of employment during the probationary period.  If the employee is not dismissed during the probationary period, the employee shall become a status employee at its conclusion.

 

3)         An employee reinstated to a register in accordance with Section 250.60(j)(4) who is subsequently appointed to a position of his/her former class shall complete his/her probationary period in the former class, if he/she has not already done so.

 

4)         An employee who goes on layoff status during the probationary period may, upon written request of the employer, be reinstated by the Executive Director on either the original entry register or promotional register, as appropriate, in accordance with total service earned as of the date of the layoff and may be appointed thereafter to the same or similar position.  The reinstated employee shall complete the probationary period for the class in which eligibility has been established, although his/her service may be interrupted by one or more layoffs.

 

5)         Service in a higher class shall count toward completion of the probationary period in a lower class in the same promotional line.  Service in a lower class shall not be counted toward completion of probationary period in a higher class of the same promotional line.

 

6)         A provisional employee shall begin a probationary period on the date of entrance into a status appointment for which the employee is eligible.

 

(Source:  Amended at 36 Ill. Reg. 6014, effective April 6, 2012)

 

Section 250.100  Reassignments and Transfers

 

a)         Reassignment within a Place of Employment

 

1)         An employer may reassign an employee during his/her probationary period to any position of the same class within a place of employment, subject to conditions imposed by the recognition of lesser units.  An employee so reassigned shall be required to complete his/her probationary period in the class.

 

2)         An employer may reassign a status employee to another position of the same class within a place of employment, but the employee shall not be required to serve any additional probationary time in the class. Reassignment shall be without prejudice to seniority in the class or in the promotional line of which that class is a part, subject to conditions imposed by recognition of lesser units.

 

3)         All reassignments shall take precedence over any existing registers.

 

b)         Temporary Downgrading and Upgrading

 

1)         Temporary Downgrading.  If it is necessary to assign a status employee, on a temporary employment basis to a temporary or permanent position which is classified at a lower level, the employee's salary, at the time immediately prior to such assignment, will be maintained.

 

2)         Temporary Upgrading.  If a status employee is assigned, on a temporary employment basis, to a temporary or permanent position of higher rate or range, the employee is entitled during the period of upgrading to receive the higher rate or a salary within the higher range provided that no employee shall suffer any reduction in salary because of the assignment.

 

3)         The temporary upgrading and downgrading assignments must not be for more than 30 consecutive work days duration.

 

4)         An employer makes temporary downgrading assignments by assigning a status employee who meets the minimum qualifications of the class to which assignment is being made.  An employer makes temporary upgrading assignments by assigning status employees from active registers for the class so long as those registers exist.  When a need for temporary upgrading assignments occurs in classes that utilize work shifts, the register requirement applies only to those status employees on the appropriate shift.  Acceptance of, or refusal to accept, a temporary assignment by an employee shall in no way affect the employee's position on the register, regardless of the number of acceptances or refusals.

 

5)         In the absence of a register, an employer may assign only those status employees who meet the minimum qualifications for the class to which assignment is being made.

 

6)         When a temporary assignment has been made, seniority shall continue to be accrued in the class in which the employee has a status appointment.

 

c)         Transfer to Another Place of Employment

 

1)         An employer, with the approval of the employee involved, may transfer a status employee from one place of employment to a position of the same class in another place of employment within the same institution or agency, provided there are no names on the reemployment register for that class in the place of employment to which the employee is being transferred.  The employee is not required to serve a second probationary period in the new place of employment.

 

2)         A status employee may request that his/her name be transferred to any other place of employment within the System and be placed on the original entry register at that place of employment in the class in which he/she has a status appointment.  Upon acceptance of the request by the appropriate employer, his/her name shall be placed on the original entry register in accordance with his/her total service in the class as of date of the request for transfer.  If this employee accepts a status appointment at the place of employment to which his/her name was transferred, he/she is not required to serve a second probationary period.

 

3)         An employee whose name has been certified from the register and who has not completed the probationary period may have the examination score for the class in which he/she is employed transferred, at the employee's request, to another place of employment within the System.  That employee's name shall be placed on the original entry register for that class by score at the place of employment.  He/she must serve a full probationary period at the new place of employment.

 

4)         When a function of an institution or agency covered by the System is transferred to another institution or agency covered by the System, employees previously certified within the System who are affected by the transfer shall transfer the same accrued seniority or service as determined by their original date of certification.

 

d)         Transfer of a State Employee under the Personnel Code [20 ILCS 415] to Employment under the System

 

1)         The procedures for effecting the transfer of a State employee from a position under the Personnel Code to a comparable position under the University System shall be the same as those that apply to the transfer of an employee within the System from one place of employment to another, as stated in subsections (c)(1) and (2).

 

2)         The term, "status", as used in Section 36q of the Act, third paragraph, shall refer to:

 

A)        the employee's status under the Personnel Code as a probationary or a status employee;

 

B)        his/her eligibility to accrue credits for vacation, sick leave, and personal leave benefits, as determined by years of consecutive service to the employer from which he/she is transferring; and

 

C)        his/her eligibility for a specific pay rate where the pay rate of an employee is determined by years of service.

 

3)         Seniority earned by a State employee under the Personnel Code is not transferable.

 

4)         When a State agency becomes subject to the Act, previously certified employees under the regular classified Personnel Code affected by the transfer shall transfer the same accrued seniority as determined by their original date of certification.

 

e)         Appointment of Law Enforcement through Lateral Transfers

 

1)         An employer may, but is not required to, create a transfer list of applicants who have been employed as sworn police officers within the past 24 months, and these applicants have requested that their names be added to the transfer list.  Such a transfer list shall be subject to the provisions of this subsection (e).

 

2)         Such a transfer list may be used by an employer when filling a vacant Police Officer position.  The transfer list is separate from an original entry register.  The transfer list may be used in lieu of the original entry register, subject to provisions of the Act and by this Part and the procedures.

 

3)         To be eligible for appointment under this subsection (e):

 

A)        the applicant must have:

 

i)          successfully completed at least 2 years of employment as a full-time sworn and certified law enforcement officer; and

 

ii)         either possess certification from the Illinois Law Enforcement Training and Standards Board (ILETSB) and satisfy the requirements established by the Illinois Law Enforcement Training and Standards Board, or, be eligible to be certified by ILETSB;

 

iii)        the applicant must not have been suspended for disciplinary reasons by the current or most recent employer;

 

B)        for an employer identifying in its police department:

 

i)          fewer than 10 allotted sworn police officer positions, no more than 4 positions at any place of employment may be filled and occupied under this subsection (e) in any given 24-month period;

 

ii)         between 11 and 15 allotted sworn police officer positions, no more than 5 positions at any place of employment may be filled and occupied under this subsection (e) in any given 24-month period;

 

iii)        between 16 and 20 allotted sworn police officer positions, no more than 6 positions at any place of employment may be filled and occupied under this subsection (e) in any given 24-month period;

 

iv)        between 21 and 30 allotted sworn police officer positions, no more than 7 positions at any place of employment may be filled and occupied under this subsection (e) in any given 24-month period;

 

v)         between 31 and 60 allotted sworn police officer positions, no more than 8 positions at any place of employment may be filled and occupied under this subsection (e) in any given 24-month period;

 

vi)        between 61 and 79 allotted sworn police officer positions, no more than 9 positions at any place of employment may be filled and occupied under this subsection (e) in any given 24-month period;

 

vii)       between 80 and 100 allotted sworn police officer positions, no more than 11 positions at any place of employment may be filled and occupied under this subsection (e) in any given 24-month period; and

 

C)        the applicant must pass a background investigation which may include features such as fingerprinting, police records checks, credit checks, and inquiries of neighbors, relatives, and employers.

 

D)        the applicant must successfully complete a screening such as a polygraph, psychological evaluation, medical examination, and drug screen as required by the hiring department.

 

4)         Any applicant hired pursuant to this subsection (e) must serve a probationary period of 12 months.

 

(Source:  Amended at 47 Ill. Reg. 6574, effective April 30, 2023)

 

Section 250.110  Separations and Demotions

 

a)         Resignation.  An employee having a nonstatus or status appointment, as described in Sections 250.70 and 250.80, may resign by presenting a signed resignation to his/her employer or by demonstrating to the employer by other means his/her intent to separate from employment.  Upon receipt of a signed resignation by the employee or other evidence of intent to separate from employment, the employee will be separated from his/her employer.  The employer shall maintain all resignations or other documentation of evidence in accordance with the employer's record retention policy.

 

b)         Leave of Absence

 

1)         Leave of Absence for Classification Changes.  A status employee who accepts a position that represents a promotion in a class outside his/her promotional line shall be granted a leave of absence from a position of his/her former class for the duration of any intern appointment, provisional appointment, and/or probationary period in the new class.

 

2)         Leave of Absence for Disciplinary Actions.  An employee placed on a Disciplinary Suspension or on a Suspension Pending Discharge shall be placed on a leave of absence from his/her position.

 

3)         Leave of Absence for Disability Leave

 

A)        If an employee is no longer able to perform the duties and responsibilities of his/her position in the class due to a disability as determined by the employer's medical and/or psychological evaluation procedures, and/or in accordance with State and federal laws, the employee will be required to take disability leave in accordance with subsection (b)(3)(B).

 

B)         A status employee who becomes eligible for disability benefits to be paid by the employer or, as later determined, by the Illinois State retirement system to which the employee contributed, or becomes eligible for payment benefits as defined by the Workers' Compensation Act [820 ILCS 305], the Illinois Occupational Diseases Act [820 ILCS 310], or a State self-insurance program, shall be granted a disability leave.  The disability leave shall be the period for which the employee applies for such benefits, until the time of the expiration of the benefits or a final administrative decision denying or terminating the benefits, including any gap in benefit payments between the expiration of institutional benefits and those available under the approving authority.

 

C)         The employer may require an employee to take a medical and/or psychological examination prior to returning to work after a disability leave.  The examination shall be conducted by a licensed practitioner selected by the employer to determine the physical and/or mental capability to perform the essential duties of the employee's position.  The employer may supply the examining practitioner with facts relating to the employee's difficulty or inability to perform the essential functions of the job and may supply additional information, including but not limited to physical and mental requirements of the employee's position, duty statement, job classification specification, and position description.  The employee may also present an alternative opinion provided by a licensed practitioner to be selected and paid for by the employee.  If there is a difference of opinion, a third outside practitioner shall be selected by the 2 physicians.  The employer shall pay for all examinations, except those initiated by the employee.

 

D)        An employee's refusal to submit to an examination as described in subsection (b)(3)(C), the unexcused failure to appear for such an examination, or the refusal to release the results of the examination may be deemed by the employer as an acknowledgement that the employee is not fit for duty and may subject the employee to termination actions as defined in subsection (c).

 

E)        A disability leave may be revoked by the employer upon evidence that the cause for granting the leave was misrepresented.

 

F)         At the expiration of all disability benefits, an employee shall be entitled to return to a position in his/her class without any loss of status due to the disability leave, providing that he/she returns upon the expiration of all disability benefits to which entitled.

 

G)        Reemployment

 

i)         If an employee does not return to work at the expiration of all disability benefits and is terminated in accordance with subsection (c)(2), the employee may, within one year following the expiration of all disability benefits, request reinstatement and, upon approval of the Executive Director, the employee's name may be placed on the reemployment register in the class in which he/she was employed at the time the disability leave was granted and in accordance with total seniority earned.

 

ii)        If, within one year following the expiration of all disability benefits, the employee requests reinstatement, but, because of his/her disability, is deemed unable to perform the duties in the class, the employee may be required to pass physical or other tests to determine employability under the University System.

 

4)         Military Leave of Absence.  An employee shall be granted a Military Leave of Absence in accordance with State and federal laws and regulations.

 

5)         Notification

 

A)        The employer may select:

 

i)          to notify the Executive Director of all leaves of absence, including military, disability, or any other leave otherwise granted; or

 

ii)         to maintain these records for inspection upon request by the Executive Director or designee during the on-site audit program or other specified time. 

 

B)        The notification shall include the beginning and ending dates of leaves that exceed 30 calendar days of non-pay status.

 

c)         Termination

 

1)         An employee having a non-status appointment, as described in Section 250.70, may be terminated by his/her employer at any time during the training period and/or upon completion of the work assignment.

 

2)         An employee on disability leave, as defined in subsection (b)(3), who has exhausted all of his/her disability benefits and is unable to resume the duties and responsibilities of a position in his/her class may be terminated from employment in accordance with subsection (c)(5), or the employer and employee may agree upon employment in a more suitable classification.  The alternative employment options shall be subject to standard civil service employment protocols.

 

3)         An employee who fails to report for duty after a disability leave of absence has expired or has been denied, disapproved, revoked, or canceled by the approving authority, or any other failure to report for duty as scheduled after a disability leave of absence, may be terminated from employment in accordance with subsection (c)(6).

 

4)         An employee who fails to report for duty after he/ she has exhausted benefits under the Family and Medical Leave Act (FMLA) may be terminated from employment in accordance with subsection (c)(6).

 

5)         An employee who fails to maintain his/her right to work in the United States, as evidenced by a Permanent Resident Card (also known as a Green Card), an Employment Authorization Document (also known as a work permit), or an employment-related visa granted by the government of the United States, shall have his/her employment terminated as of the last date that employee had a right to work in the United States.  It is the responsibility of the employee to do all things necessary to maintain his/her right to work in the United States, as governed by U.S. law.  The employer shall notify the employee of the termination.

 

6)         Appropriate notification shall be provided to an employee, as specifically referenced in subsections (c)(2), (c)(3) and (c)(4), which shall include the notification provisions outlined in this subsection (c)(6).

 

A)        The employer shall notify the employee that he/she will be terminated from the employer's service to become effective 7 calendar days from the date of mailing of the notification to the employee.  The notification shall be sent, by an overnight delivery service that requires signature upon receipt, to the most recent address of the employee as shown on the employer's records.

 

B)        At any time prior to the effective date of termination, the employee shall have the opportunity to provide to the employer evidence of the reason for the unauthorized absence.  The employer shall revoke the termination if the employee provides satisfactory evidence of the reason for the unauthorized absence.  If the employer determines that the evidence is not satisfactory, the employer shall notify the employee immediately that the termination will remain in effect.

 

C)        Pursuant to Section 250.130 (Review Procedures), the employee may request a review of the employer's final notice of termination.  The review is limited to a determination of whether this Section has been properly applied and whether the employer's decision is deemed arbitrary or capricious.  In the event a review is not requested within the allotted timeframe, the employee's termination from service shall be effective 7 calendar days after the original notification.

 

d)         Layoff

 

1)         The Executive Director shall be notified promptly of all employees on layoff status, together with the dates of the beginning of layoff and of return to employment from layoff status, when the layoff exceeds 30 consecutive work days.  A status employee shall receive a written notice, at least 30 calendar days in advance of the effective date of layoff, when the layoff exceeds 30 consecutive work days; however, the effective date of layoff may be extended up to 15 calendar days without the requirement of further notice.

 

2)         Whenever it becomes necessary to lay off one or more employees, except as provided in subsection (d)(3), the employee who has the least amount of service in the class shall be laid off first, and additional layoffs shall be made in the ascending order of the place of the employee on the service and seniority lists for that class.

 

3)         An employee who is the incumbent of a position for which the Executive Director has authorized specialized certification under Section 250.60(d)(9), or who is the incumbent of a position that has previously been identified as requiring specialized training or experience as required by the position in accordance with minimum acceptable qualifications for the class, may not be bumped by another employee with greater seniority unless the employee with greater seniority possesses the special and identified qualifications authorized for the incumbent's position.

 

4)         Whenever it becomes necessary to reemploy one or more employees in a class, the employee last laid off by seniority shall be reemployed first, and further reemployment shall be made in the order of seniority until the reemployment register for that class is exhausted.  Work of short duration requiring reemployment of one or more employees will not require a new written 15 calendar day advance notice of layoff if the work period is to be 5 consecutive working days or less and the work is emergent in nature.

 

5)         A status employee who is subject to layoff from a part-time position may bump an employee in a full-time status position, providing the part-time employee's equivalent full-time accrued seniority based on hours in pay status is greater than that of the least senior employee in a full-time position.  A full-time status employee who is subject to layoff may bump the least senior full-time employee, who then may bump the part-time employee having the highest percent-time appointment, providing the full-time employee has more accrued seniority.

 

6)         Names of employees laid off during their probationary periods shall be returned to the register from which they were certified to their position in accordance with service in a status appointment earned as of the date of layoff.

 

e)         Disciplinary Suspension.  An employer may suspend an employee as a disciplinary measure for not more than 30 calendar days.

 

1)         The employer shall discuss the specific problem pertaining to contemplated suspension with the employee and the Human Resource Director or his/her designee before a suspension notice is served.  The employee shall be told at that time that suspension is being considered.

 

2)         In imposing a disciplinary suspension, the employer shall serve a written suspension notice on the employee showing reason for the suspension, and shall immediately report the suspension to the Executive Director and shall send a copy of the notice served on the employee, along with proof of service, to the Executive Director.

 

3)         Causes justifying suspension, not discharge as provided for in subsection (f)(1), shall include, but are not limited to:  unauthorized and unexcused absence; leaving work without authority; failure to accurately record one's arrival for and/or departure from work; habitual lateness; recording another person's arrival for and/or departure from work; falsification of documents; key duplication and/or unauthorized possession of keys; misrepresentation of absence; falsification of records; refusal to do work assigned; failure to follow work schedules; failure to follow time schedules; rude, disrespectful, and/or unprofessional behavior; failure to adhere to departmental regulations of appearance; disregard of safety regulations; careless workmanship resulting in spoilage, waste, or delay; unauthorized use of institutional property; gambling on institutional property; creating or contributing to unsanitary conditions; horseplay or scuffling; fighting; sleeping during working hours; unauthorized visiting; failure to follow official university policy and procedures; reporting to work with one's mental or physical ability, alertness, or judgment impaired by substances and/or fatigue in a way that makes it impracticable or unsafe to perform one's job duties; and inability or failure to perform assigned duties in a competent and satisfactory manner.

 

AGENCY NOTE:  It is to be noted that an employee's allegation that a Disciplinary Suspension was unfairly imposed is subject to the grievance procedure established by the employing institution, but is not reviewable by the State Universities Civil Service System (University System).

 

f)         Discharge Proceedings and Effective Date of Discharge

 

1)         Reason for Discharge.  Causes justifying discharge and any suspension during the discharge proceedings shall include, but are not limited to: 

 

A)        all those listed as cause for suspension if they become recurring offenses; and

 

B)        theft; consuming intoxicating liquors or other illicit drugs on institutional time or property; consuming intoxicating substances resulting in mental impairment at work; malicious damage to property, tools or equipment; inciting or instigating a physical altercation, or continuing a physical altercation beyond immediate self-defense; immoral or indecent conduct that violates common decency or morality; conduct that is a clear departure from ordinary standards of honesty, good morals, justice, or ethics so as to cause shock to the moral sense of the community.

 

2)         Pre-discharge Proceedings

 

A)        Notification Procedures.  Prior to initiating any proceedings before the Merit Board for the discharge of an employee, the employer shall notify the employee in writing, served upon the employee in person if the employee is present on the job or, otherwise, by an overnight delivery service that requires signature upon receipt to the most recent address of the employee as shown on the employer's records, and also by First Class U.S. Mail, of the employer's intention to initiate the proceedings.  The notification shall advise the employee of the substance of the charges proposed to be filed in sufficient detail to inform the employee of the nature of the conduct on which the proposed charges are based.  (Note:  It is the employee's responsibility to maintain a current mailing address with his/her employer.)  The notification shall also advise the employee that either or both of the following options are available to the employee:

 

i)          within 3 work days after service of the employer's notification, the employee may notify the employer of his/her decision to require the employer to hold a conference with the employee or his/her representative for the purposes of responding to the matters contained in the notification and of attempting to achieve a reconciliation or understanding; and

 

ii)         within 3 work days after service of notification, the employee may deliver to the employer a written response to the matters contained in the employer's notification; provided that, if the employee elects to require the conference identified in subsection (f)(2)(A)(i), at that conference the employee may request and receive an opportunity to respond further in writing within 3 work days after the conclusion of the conference.

 

B)        Employer's Decision

 

i)          Within 7 work days after compliance with the provisions of subsection (f)(2)(A), the employer shall either:

 

•           notify the employee that no further action will be taken to initiate discharge proceedings with the Merit Board against the employee based solely on the matters contained in the employer's notification; or

 

•           initiate proceedings before the Merit Board under this subsection (f) seeking discharge of the employee based solely on the matters contained in the employer's notification.

 

ii)         The employer's election not to initiate discharge proceedings with the Merit Board shall not preclude the employer from imposing a suspension in accordance with subsection (e) or some lesser penalty.

 

C)        Excused Absence with Pay.  An employee who has been served with an employer's notification as provided in subsection (f)(2)(A) may be placed on excused absence with pay during all or any part of the period covered by this subsection (f)(2) to provide the employer an opportunity to investigate serious charges.

 

3)         Actual Discharge Proceedings

 

A)        Initiating Discharge Proceedings.  Proceedings before the Merit Board seeking the discharge of an employee shall be initiated by the employer by completing and filing a Written Charges for Discharge form with the Merit Board/University System, employee, legal counsel for employer, and employer, setting forth the causes for discharge in sufficient detail to inform the employee of the nature of the conduct on which the charges are based.  The Written Charges for Discharge form shall be set forth in separately numbered charges.  Also, the employer shall develop and attach a document that contains  the dates, names of persons, places and facts necessary to properly allege the cause for discharge.  If a breach of duty, statute or rule of the employer is alleged, the statute, law or rule shall be cited in connection with the charge. Any and all exhibits that the employer plans to present at the time of the hearing shall be submitted in accordance with subsection (f)(5)(E) or as appropriate to the circumstances.  The exhibits shall not be attached to the Written Charges for Discharge form.

 

B)        Written Charges for Discharge.  The Written Charges for Discharge form shall be accompanied by a certification by the employer that all procedures set forth in subsection (f)(2) have been followed and that there has been full compliance with any options elected by the employee.  At the time the Written Charges for Discharge form and the certification are filed with the Merit Board/University System office, the employer shall serve copies upon the employee in person if the employee is present on the job; otherwise, service shall be by an overnight delivery service that requires signature upon receipt to the most recent address of the employee as shown on the employer's records, and also by First Class U.S. Mail.  The employer shall file proof of service with the Merit Board/University System office.

 

C)        Amended Written Charges for Discharge.  At any time prior to commencement of the hearing, the Executive Director may direct or authorize the Written Charges for Discharge to be amended to correct technical defects or to set forth additional facts or allegations that clarify the subject matter of the original charges.  The technical amendments shall relate back to the original proof of service date of the Written Charges for Discharge form.  The employer shall serve copies of the Amended Written Charges for Discharge form upon the employee in person if the employee is present on the job; otherwise, service shall be by an overnight delivery service that requires signature upon receipt to the most recent address of the employee as shown on the employer's records, and also by First Class U.S. Mail.  The employer shall file proof of service on employee for Amended Charges, on the form provided by the University System, with the Secretary for the Merit Board.  Nothing in this subsection (f)(3)(C) shall change the timing requirements in subsection (f)(5).

 

D)        Suspension Without Pay.  An employee who has been served with Written Charges for Discharge in accordance with subsections (f)(3)(A) and (B) and/or (C) may be suspended without pay by the employer during all or any part of the period that the discharge proceeding is pending, and until final disposition, if the employer is of the opinion that the employee's presence on the job might constitute a substantial risk of injury to life or property, or might cause a disruptive effect on employer's operations.  Any suspension without pay shall become effective on the date the employer serves the Suspension Notice Pending Discharge upon the employee, which may be served with the Written Charges for Discharge or on any date thereafter.  Service shall be upon the employee in person if the employee is present on the job; otherwise, service shall be by an overnight delivery service that requires signature upon receipt to the most recent address of the employee as shown on the employer's records, and also by First Class U.S. Mail.  The employer shall file with the Merit Board/University System office a copy of the Suspension Notice Pending Discharge and proof of service.

 

4)         Effective Date of Discharge When There Is No Request for Hearing.  If the employee does not file a written request for hearing with the Secretary for the Merit Board within 15 calendar days from the date specified in the "Proof of Service on Employee" section on the Written Charges for Discharge form, the employee's discharge shall become effective at the end of the 15-day period without further action by the Merit Board.  The Secretary for the Merit Board shall promptly notify the employer of the employee's failure to file a timely written request for hearing.

 

5)         Written Hearing Request/Timing of Parties' Actions

 

A)        Written Request for Hearing.  An employee who has been served with Written Charges for Discharge may request a hearing by filing a written request for hearing with the Secretary for the Merit Board within 15 calendar days from the "Proof of Service on Employee" section on the Written Charges for Discharge form that is the date of either personal delivery or mailing of the Written Charges for Discharge form to the employee.  Any request for a hearing must include a postal address and a telephone number where the employee can be reached and where notices to the employee under this subsection (f) shall be sent.  If the employee has a personal e-mail address at which the employee is willing to accept notices under this subsection (f), the employee may also provide that e-mail address.  The employee shall notify the Secretary for the Merit Board and the employer of any change to this notice information.  The Secretary for the Merit Board shall immediately acknowledge receipt of the request for a hearing and notify the employer that the employee has filed for a hearing. Thereafter, further proceedings shall be as provided in this subsection (f) and any discharge shall be effective on the date of the discharge order of the Merit Board, unless otherwise expressly stated in the order.

 

B)        Requests for Document and Other Tangible Items.  Any party may, by written request, direct any other party to produce for inspection, copying, reproduction, photographing, testing or sampling specified documents, including electronically stored information, objects, or tangible things, relevant to the Written Charges for Discharge or the employee's defense to the charges.

 

i)          The request shall specify a reasonable time and place for production or review of the requested items, no fewer than 10 calendar days prior to the scheduled hearing. 

 

ii)         A party directed to produce documents or other tangible items that is unable to produce the requested items by the date requested by the other party may file an objection or request an extension of time to produce the requested items.  The objection or request for an extension of time shall be sent to the Executive Director and shall state the cause of the anticipated delay.

 

iii)        All written requests or objections under this subsection (f)(5)(B) shall be served on the Secretary for the Merit Board at the same time it is served on the other party. 

 

iv)        All actions taken under this subsection (f)(5)(B) shall be taken as early as practicable and shall be taken in good faith.

 

C)        Evidence Depositions.  Upon request to the Executive Director and upon good cause shown (which shall include, but is not restricted to, potential unavailability of a witness at the time the hearing is scheduled, scheduling or travel arrangement considerations, or agreement of the parties), any party may request a deposition of any witness to be taken for evidence in a hearing.  The use of this provision shall be severely restricted, and designated as a "last resort" option.  If desired, subpoenas may be requested upon application to the Executive Director in a manner consistent with this Part.  The deposition shall proceed in the manner provided by law for depositions in civil actions in the circuit courts of the State of Illinois.

 

D)        Subpoenas.  Requests for subpoenas shall be directed to the Executive Director at least 5 calendar days before the scheduled hearing, unless an exception is granted by the Executive Director.  Subpoena requests may be granted if reasonably designed to produce or lead to the production of evidence related to the alleged charges and the terms of compliance are reasonable given the time frames and other circumstances.  The party requesting the subpoenas shall be responsible for service and costs related to the subpoena of a witness.  A subpoena may be served by personal delivery of an executed original to the individual, or by leaving an executed original at the individual's usual place of abode, with some person of the family who is age 13 years or older, provided the server also sends a copy of the subpoena, postage prepaid, addressed to the individual at the individual's usual place of abode.  The fees of the witnesses for attendance and travel shall be the same as the fees of witnesses before the circuit courts of the State of Illinois.  Subpoenas are effective throughout the course of the proceedings.  Requests for subpoenas must be submitted in writing and include the following:

 

i)          the name and address of the witnesses sought;

 

ii)         any specific documents the witnesses will be required to bring; and

 

iii)        a brief statement of the relevant facts or testimony that the witnesses will be providing.

 

E)        Witness and Document Lists and Documents for Hearing 

 

i)          At least 5 calendar days prior to the hearing, each party shall serve upon the other party and file a copy with the Secretary for the Merit Board, to be submitted to the Hearing Board or Hearing Officer, the following information, to the extent available at that time:

 

Ÿ          a list of the names and addresses of the witnesses the party proposes to call in its case-in-chief; and

 

Ÿ          all documents the party proposes to offer in its case-in-chief.

 

ii)         Each party shall bring to the hearing 4 identical copies of each document the party proposes to use at the hearing.

 

F)         Commencement of Discharge Hearing.  The Executive Director, the Hearing Board or Hearing Officer, the employee and the employer shall all make good faith efforts to commence the hearing within 10 calendar days after receipt of the employee's written request for hearing, but in no event shall the hearing commence later than 45 days after service of the Written Charges for Discharge, unless a continuance is granted pursuant to subsection (f)(15)(B).  Dilatory tactics or actions will not be permitted and the Executive Director, the Hearing Board or Hearing Officer, the employee and the employer shall all make good faith efforts to conduct the hearings in no more than 3 hearing days, unless justice, due process, and fundamental fairness require otherwise.

 

6)         Hearing Proceedings

 

A)        Appointment of Hearing Board or Hearing Officer.  Upon receipt of the employee's written request for hearing on the Written Charges for Discharge, the Merit Board/University System office shall promptly appoint a Hearing Board or Hearing Officer to hear the charges and the employee's response.

 

B)        Disqualification of Assigned Hearing Board or Hearing Officer.  A Hearing Board or Hearing Officer may be disqualified on grounds of bias or conflict of interest.  An adverse ruling, or the fact that a Hearing Board or Hearing Officer has had contact with the University System, by itself, shall not constitute bias or conflict of interest.

 

i)          Disclosing a Potential Conflict of Interest.  The Hearing Board or Hearing Officer shall communicate with the Secretary for the Merit Board and all parties immediately upon suspecting that the Hearing Board or Hearing Officer may have a conflict of interest. 

 

ii)         Whenever any party believes a Hearing Board or Hearing Officer should be disqualified from conducting an assigned proceeding, that party may file a request with the Executive Director to disqualify the Hearing Board or Hearing Officer, setting forth by affidavit the alleged grounds for disqualification, with proof of service on all parties.  The Executive Director shall rule and make the final determination on all requests for disqualification.

 

iii)        The Executive Director, on his/her own motion, may disqualify a Hearing Board or Hearing Officer if the Hearing Board or Hearing Officer has deviated from, or failed to comply with, this subsection (f), and such disqualification, in the judgment of the Executive Director, is required for justice, due process, and fundamental fairness.

 

iv)        Upon the disqualification of any Hearing Board or Hearing Officer under this subsection (f)(6)(B), a new Hearing Board or Hearing Officer shall be appointed by the Merit Board or by the Executive Director.  If the hearing has already been convened, the parties of record shall be notified of the disqualification and the appointment of a new Hearing Board or Hearing Officer.  The Executive Director shall make all other such orders as required for justice, due process, and fundamental fairness.

 

C)        Role and Responsibilities of the Hearing Board or Hearing Officer.  The Hearing Board or Hearing Officer shall be responsible for the following activities:

 

i)          conduct the pre-hearing conference;

 

ii)         facilitate the timely completion of the hearing process, taking necessary steps to avoid delay;

 

iii)        establish reasonable limits on the duration of witness testimony;

 

iv)        limit repetitive or cumulative testimony;

 

v)         rule on motions, objections or evidentiary questions;

 

vi)        hear evidence as presented at the hearing by the employer and the employee on behalf of their respective positions (the evidence may include matters in aggravation, mitigation and justification, which may pertain to the question of "just cause" for discharge);

 

vii)       direct questions to witnesses at any time, but restrict questioning to the clarification of the testimony already presented;

 

viii)      prepare and transmit to the Merit Board a signed findings of fact within 15 calendar days after receipt of the transcript and exhibits of the hearing proceedings.  The findings of fact shall set forth each of the written charges alleged in the Written Charges for Discharge, including an evaluation of the facts presented by the employer and employee with respect to each charge, and based on this evaluation, a determination as to whether the charges are sufficiently supported by the evidence presented.  The findings of fact shall be based exclusively on the evidence and on matters officially noticed.  The findings of fact presented by the Hearing Board or Hearing Officer are advisory only to the Merit Board.  It is not the role of the Hearing Board or Hearing Officer to determine whether just cause for discharge exists.  The determination of just cause is the sole province of the Merit Board; and

 

ix)        enter any order that further carries out the purpose of this subsection (f)(6)(C).

 

D)        Ex Parte Communications

 

i)          Except in the disposition of matters authorized by law to entertain or dispose of on an ex parte basis, the Merit Board, the Executive Director, employees of the University System, and the assigned Hearing Board or Hearing Officer shall not, after the Notice of Convening of Hearing has been issued to the parties of record, communicate, directly or indirectly, with any party or the party's representative regarding any issue of fact or with any person or party in connection with any other issue regarding the case, except upon notice and opportunity for all parties to participate.  However, the Merit Board, the Executive Director, employees of the University System, and the Hearing Board or Hearing Officer may communicate with each other.  Also, members of the Merit Board and the Hearing Board or Hearing Officer may have the aid and advice of one or more personal assistants.

 

ii)         Neither party shall make direct contact with the Hearing Board or Hearing Officer in any manner or for any purpose after the Notice of Convening of Hearing has been issued to the parties of record.

 

iii)        Communications regarding procedure, including interpretation and application of Section 36o of the Act, subsection (f), and related procedures, are not considered ex parte communications.

 

E)        Open Hearings.  All hearings shall be open to the public unless, upon motion of either party, the Hearing Board or Hearing Officer finds it necessary to close the hearing or parts of the hearing in instances in which personal safety is of concern or when confidential testimony/exhibits are to be referenced or revealed.  There shall be presumption that hearings will be closed only under extraordinary circumstances.

 

F)         Transcript of Hearing.  A transcript of the hearing, including exhibits, shall be made and shall be filed with the Secretary for the Merit Board as soon as possible following the conclusion of the hearing.  Transcripts and exhibits will be provided by the Secretary for the Merit Board to all parties simultaneously.  No party may request or obtain a copy of the transcript or exhibits of the hearing from the court reporter or any other source.  If a party or his/her representative receives the transcript or exhibits of the hearing from any source other than the Secretary for the Merit Board, the party shall immediately send, without first having read the transcript or exhibits and without retaining any copy, to the Secretary for the Merit Board.

 

G)        Findings of Fact by the Hearing Board or Hearing Officer.  Within 15 calendar days after receipt of the transcript and exhibits from the Secretary for the Merit Board, the Hearing Board or Hearing Officer shall file its findings of fact and any other recommendations with the Secretary for the Merit Board, unless that time is extended by the Executive Director for good cause shown.  For the purpose of this subsection (f)(6)(G), good cause shall include, but not be limited to:  sickness, attendance at court proceedings, death, weather conditions that prevent the members of the Hearing Board from meeting.

 

H)        Failure of Hearing Board or Hearing Officer to Submit Findings of Fact.  If, by 15 calendar days after receipt of the transcript and exhibits from the Secretary for the Merit Board, the findings of fact have not been received by the Secretary for the Merit Board, the Executive Director shall either appoint another approved Hearing Board or Hearing Officer that shall then review the record and submit findings of fact within 10 calendar days after the appointment, or the Executive Director shall give written notice to the Hearing Board or Hearing Officer and to all parties to the proceeding that he/she will, within 10 calendar days, discontinue the hearing and commence a new hearing and that the present Hearing Board or Hearing Officer will be dismissed without pay.  Within this 10-day period following the Executive Director's notice, the Hearing Board or Hearing Officer can appeal to the Executive Director by showing cause why time should be extended.

 

I)         Certification of Hearing Record.  The Executive Director shall certify as the Hearing Record the Written Charges for Discharge, the Suspension Notice Pending Discharge, the employee's request for hearing, the transcript and exhibits, the Hearing Board's or Hearing Officer's findings of fact and other recommendations, and other documents that have been filed.  Upon certification by the Executive Director, the Secretary for the Merit Board shall, by an overnight delivery service that requires signature upon receipt, immediately forward a copy of the Hearing Record, along with notice that the Hearing Record has been certified, to all parties of record.

 

J)         Objections to Hearing Record.  Any objections to the form or contents of the Hearing Record, or briefs, abstracts, or excerpts from the Hearing Record, or arguments, motions, or recommendations, relating to the hearing proceedings or the Hearing Record, or requests for further hearing or for permission to supplement further the Hearing Record by other evidence, must be filed with the Secretary for the Merit Board within 14 calendar days after the date of the overnight delivery service that the Hearing Record has been certified, with proof of service on all parties.  If such an objection is made, the non-objecting party may file an answer to the objection with the Secretary for the Merit Board within 14 calendar days after the date of the overnight delivery service of the Objection, with proof of service on all parties.  No further briefs and/or arguments in response to these filings will be permitted unless expressly authorized by the Executive Director or the Merit Board or its Chair.

 

7)         Conduct of Hearing

 

A)        Pre-hearing Conference.  In all hearings, it is recommended that the Hearing Board or Hearing Officer hold a pre-hearing conference immediately preceding the hearing on the first day of the hearing.  The Hearing Board or Hearing Officer shall give the parties an opportunity to discuss issues and share information at the pre-hearing conference that will allow them to present their cases in a fair, efficient, and timely manner.  Generally, the Hearing Board or Hearing Officer shall conduct the pre-hearing conference for the purpose of achieving one or more of the following points, as determined by the Hearing Board or Hearing Officer on a case by case basis:

 

i)          defining and simplification of the issues;

 

ii)         negotiating admissions or stipulations of fact to avoid unnecessary proof;

 

iii)        reviewing each party's witness and exhibit list;

 

iv)        limiting redundant witness testimony or duplication of evidentiary material, if necessary;

 

v)         determining the length of time each party will need to present its case;

 

vi)        exchanging exhibits;

 

vii)       discussing any matter that may aid in the efficient and timely disposition of the case; and

 

viii)      work with each party to determine if a settlement agreement can be achieved.  If a settlement is reached during the pre-hearing conference, the hearing shall be formally convened and the parameters of the settlement agreement shall be entered into the record in written form or by testimony/statement and agreement by each party.

 

B)        Length of Pre-hearing Conference.  The length and scope of the pre-hearing conference is at the discretion of the Hearing Board or Hearing Officer, but should generally be conducted with a one hour timeframe.

 

8)         Evidence and Motions

 

A)        Admissibility of Evidence

 

i)          As a general matter, the rules of evidence and privilege as applied in civil cases in the circuit courts of the State of Illinois shall be followed.  However, evidence not admissible under those rules may be admitted (except when precluded by statute) if it is of a type commonly relied upon by reasonably prudent persons in the investigation and conduct of serious matters of this nature.  Irrelevant, immaterial, or unduly repetitious evidence shall be excluded.

 

ii)         Consistent with these requirements and in order to expedite the hearing, any part of the evidence may be received in written form, provided the interests of the parties are not jeopardized.

 

iii)        Performance records of the employee or past disciplinary records are admissible and relevant for the purpose of mitigation or aggravation, except if otherwise excluded by a local employer policy or collective bargaining agreement.

 

B)        Oath or Affirmation.  All testimony shall be presented under oath or affirmation.

 

C)        Objections.  Objections to testimony or evidentiary offers shall be noted in the record.

 

D)        Standard of Proof.  The standard of proof applied by the Hearing Board or Hearing Officer when evaluating the charges will be the preponderance of the evidence.

 

E)        Notice Taken by Hearing Board or Hearing Officer.  The Hearing Board or Hearing Officer may, on its own motion or upon motion of one of the parties, take notice of matters of which the circuit courts of the State of Illinois take judicial notice.

 

F)         Non-Dispositive Motions.  The Hearing Board or Hearing Officer has the authority to rule on all motions that do not dispose of the proceedings.  Examples of motions that can be ruled on by the Hearing Board or Hearing Officer are motions in limine or motions to suppress evidence.  Motions directed at the Hearing Board or Hearing Officer shall be presented at the pre-hearing conference, if possible, and actions taken by the Hearing Board or Hearing Officer shall be entered into the record.

 

G)        Dispositive Motions.  Motions that dispose of the proceedings must be directed to the Merit Board.  Examples of motions that are to be directed to the Merit Board are motions to dismiss, motions to decide a proceeding on the merits, or motions claiming lack of jurisdiction.  Motions must be filed with the Secretary for the Merit Board within 14 calendar days after the date of the overnight delivery service of the certified Hearing Record.  Motions will be ruled on by the Merit Board at the Merit Board meeting in which the case is being considered.  The filing of a motion of this nature shall not be allowed to cause any delay in the proceedings.

 

9)         Order of Hearing

 

A)        Convening of Hearing.  All hearings shall be convened by and under the control of the Executive Director or authorized representative.

 

B)        Recording of Pre-hearing Conference Information.  The Hearing Board or Hearing Officer shall enter into the record any action taken and any agreements made by the parties as to the matters considered.

 

C)        Excluding Witnesses from Hearing Room.  The Executive Director, or authorized representative, shall request all persons who have been asked to serve as witnesses, other than a party or employer representative, to be excluded from the hearing room while the hearing is in process, except during their own testimony and cross-examination.  Except as he/she might intervene, or be requested to intervene, the Executive Director, or authorized representative, shall empower the Hearing Board or Hearing Officer to proceed with the hearing in such a manner as to provide the employer and the employee a full opportunity to present their positions to the Hearing Board or Hearing Officer.

 

D)        Stipulations.  Parties may agree by stipulation upon any facts involved in the hearing.  The facts stipulated shall be considered as evidence in the hearing.  It is the policy of the Merit Board to encourage stipulation of facts whenever practicable.

 

E)        Opening Statements.  The parties may make a brief opening statement at the beginning of the hearing.  The employer shall proceed first, followed by the employee.  Opening statements may be waived or may be reserved and presented at the commencement of the party's case-in-chief.

 

F)         Employer's Case.  The employer shall first present its case-in-chief, with an opportunity for the employee to cross-examine the employer's witnesses.  The employee may be called as an adverse witness during the course of the hearing.

 

G)        Employee's Case.  The employee shall then present his/her case-in-chief, with an opportunity for the employer to cross-examine the employee's witnesses.

 

H)        Rebuttal.  Each party may call rebuttal witnesses if found to be necessary by the Hearing Board or Hearing Officer.

 

I)         Closing Arguments.  After both parties have concluded the presentation of their case, the Hearing Board or Hearing Officer may call for a break in the proceedings for up to 30 minutes to allow each party to make final preparations of their closing argument.  After any such break, the parties may make an oral closing argument.  The employer shall proceed first, followed by the employee.  The employer shall be permitted a brief rebuttal at the end of the employee's closing argument.

 

J)         Closing the Hearing.  The hearing shall be closed when the employer and the employee have had a fair and reasonable opportunity to present their positions to the Hearing Board or Hearing Officer.

 

K)        Motion for Permission to Make Oral Argument.  Oral argument is reserved for presentation of extraordinary matters regarding the discharge case.  A party desiring to present oral argument before the Merit Board in cases of discharge must file a Motion to Make Oral Argument with the Secretary for the Merit Board within 14 calendar days after the date of the overnight delivery service of the certified Hearing Record, with proof of service on all parties.  The Motion must specifically state the extraordinary issues to be presented, any relevant law, and a synopsis of the argument to be presented.  Any Motions without the required information shall not be considered by the Merit Board.  The Merit Board will decide whether to grant the Motion for Permission to Make Oral Argument at the same meeting where the case is to be decided.  Oral Argument shall not be intended to be a recitation or summary of either party's case as presented at the hearing.  The Merit Board's chair has the authority to halt or redirect either party's oral argument as circumstances warrant.

 

10)         Failure to Appear.  Failure of a party to appear on the date set for hearing may result in a loss of rights by default.

 

A)        Failure to Appear by Employee

 

i)          A Notice of Convening of Hearing will be sent to all parties of record confirming the date, time and place of the hearing.  If an employee or his/her representative is not present on the designated hearing date, the Executive Director or authorized representative shall try to make reasonable contact with the employee or his/her representative immediately.  If, within a reasonable time on the hearing date, the Executive Director or authorized representative is unable to contact the employee, the hearing will commence.

 

ii)         The Executive Director or authorized representative shall commence the hearing with an opening statement.  At the conclusion of the opening statement, if the employee or his/her representative has still failed to appear, the hearing will be suspended for 3 work days.  During this 3 work day period, the Executive Director or authorized representative shall try to make contact with the employee or his/her representative using the last known address, phone, e-mail or any similar method as shown on the employee's request for a hearing.

 

iii)        If the employee or his/her representative cannot be reached within 3 work days or if the employee is unable to produce a reasonable explanation for failure to attend the hearing, the hearing will be closed and the employee's discharge shall become effective at the end of the 15-day period of the date on the Proof of Service on Employee, as found on the Written Charges for Discharge form, without further action by the Merit Board.  The Merit Board/University System office shall notify the parties of record immediately of the action.

 

iv)        If the employee or his/her representative has a reasonable explanation for not attending the hearing, the Executive Director or authorized representative shall schedule a new hearing date.  A new Notice of Convening of Hearing will be issued to the parties of record and the Executive Director or authorized representative shall appoint either the same Hearing Board or Hearing Officer or appoint a new Hearing Board or Hearing Officer to conduct the hearing.

 

B)        Failure to Appear by Employer.  If the employer's representative fails to appear at the hearing and cannot be reached by the end of the next business day, or if the employer is unable to produce a reasonable explanation for failure to attend the hearing, the hearing will be closed and the employee will be reinstated to his/her position without loss of compensation as of the Proof of Service on Employee date on the Written Charges for Discharge form.

 

C)        Reasonable Explanations.  Reasonable explanations can include, but are not limited to:  injury on the day or preceding day of the scheduled hearing, traffic accident, death or significant injury of a family member, or other cause that is deemed reasonable by the Executive Director or authorized representative.  In any event, the party that failed to appear is required to demonstrate that there was reasonable effort made to contact the Merit Board/University System office.

 

11)         Settlement Agreements.  Following the request for a hearing by the employee set forth in subsection (f)(5)(A), the employer and the employee may enter into a settlement agreement that may include a suspension of no more than 120 calendar days.  Such a suspension is only permissible if the employer files with the Secretary for the Merit Board the terms of that suspension, which must include a signed waiver of the rights provided by Section 36o of the Act.  The employer is otherwise limited to a suspension of no more than 30 calendar days as set forth in subsection (e).

 

12)         Final Decision of the Merit Board.  In the course of reaching its decision, the Merit Board may request the Executive Director to make recommendations that he/she deems appropriate with respect to the discharge proceedings.  Nothing in this subsection (f)(12) is intended to eliminate or limit the Merit Board's discretion to determine the appropriate disposition on a case-by-case basis.  The Merit Board shall enter findings of fact and shall order the following decision and order or any other decision and order it deems appropriate:

 

A)        Discharge, if just cause is found to exist.  No employee shall be discharged except for just cause.  Just cause is defined as some substantial shortcoming that renders the employee's continuance in his/her position in some way detrimental to the discipline and efficiency of the service and that the law and sound public opinion recognize as good cause for the employee no longer holding the position; or

 

B)        Reinstatement, if just cause for discharge is found not to exist.  An employee shall be reinstated as follows:

 

i)          Reinstatement with no loss of compensation when none or few of the significant charges are proven and/or when the proven charges do not justify disciplinary action.

 

ii)         Reinstatement with an unpaid suspension of a minimum of 3 calendar days to a maximum of 120 calendar days when the proven charges do not rise to the level of just cause for discharge, but some disciplinary action is justified based on the severity of the proven charges.  If the Merit Board orders reinstatement with a suspension, any time served while on suspension pending discharge shall be applied towards the fulfillment of the suspension.  The Merit Board shall not order a reinstatement with a suspension past the day of the action taken by the Merit Board.

 

13)         Final Decision and Order of the Merit Board.  The Secretary for the Merit Board shall immediately forward copies of all Merit Board orders to the employer and the employee by an overnight delivery service that requires signature upon receipt.  The employer is required to enact the Decision and Order of the Merit Board in a timely manner.  No later than 14 calendar days after the date that a copy of the final Notice of Decision and Order of the Merit Board has been served upon the parties, any employee who has been reinstated, as provide in subsection (f)(12)(B), shall be returned to pay status.  The employer shall take all other required actions to enact the Decision and Order of the Merit Board within 30 days after the serving of the Notice of Decision and Order of the Merit Board.

 

14)         Administrative Review.  All final decisions of the Merit Board shall be subject to appeal by the parties to the proceedings under the Administrative Review Law [735 ILCS 5/Art. III].  A complaint for administrative review must be filed and summons issued within 35 days after the date that a copy of the final Merit Board decision has been served upon the party affected.  A final decision of the Merit Board shall be deemed served either when personally delivered or when deposited in the United States mail in a sealed envelope or package, with postage paid, addressed to the party affected by the decision at his/her last known residence or place of business.

 

15)         Time Periods for Proceedings

 

A)        Requests for Extensions.  On the motion of either party with notice to the other party, or by independent action of the Chair of the Merit Board or the Executive Director communicated to both parties, any time period set forth in this subsection (f) may be extended by the Chair of the Merit Board or by the Executive Director for good cause shown.  The Executive Director, in his/her discretion, may grant an extension by written agreement of the parties.

 

B)        Extensions to be Granted by Executive Director.  No extension may be beyond a period established by statute, except for cases in which a written motion for continuance of a scheduled hearing is filed with the Secretary for the Merit Board at least 48 hours prior to the time scheduled for hearing, unless an exception is granted by the Executive Director.  The moving party must set forth emergency grounds for a continuance, which are limited to unforeseen, unavoidable or uncontrollable circumstances, such as an Act of God; the sudden illness or death of the movant, a member of his/her immediate family, or his/her legal counsel; or if the movant is able to demonstrate some other real and compelling need for additional time.  If there is an arrest or criminal indictment of any employee that resulted from an employee's conduct in the course of employment duties, the Executive Director, at the request of the employee, may grant a continuance of hearing pending some resolution of the criminal charges.  Requests for continuances must be preceded by contacting the opposing party and asking for agreement to the continuance.

 

C)        Deadlines That May Be Extended.  The time periods set forth in this subsection (f), except for the 15-day period set forth in subsection (f)(5)(B) and except for any time period provided for seeking administrative review of a final decision of the Merit Board, shall be deemed directory and not mandatory; and no failure to comply with any of the time periods set forth in this subsection (f), except for the 15-day period set forth in subsection (f)(5)(B) and except for any time period provided for seeking administrative review of a final decision of the Merit Board, shall cause the Merit Board to lose jurisdiction of any matter.

 

D)        Weekends and Holiday.  If the last date for filing falls on a weekend or legal holiday, the last date for filing is the first business day following that weekend or legal holiday.

 

16)         Hearing Expenses

 

A)        Employer Expenses.  All customary and reasonable court reporter and copying expenses incident to the preparation of the Hearing Record and providing copies to parties to the proceedings shall be paid by the employer. 

 

B)        Merit Board Expenses.  The Merit Board will pay all expenses of the Hearing Board or Hearing Officer and any legal expenses incurred by a Hearing Board or Hearing Officer, to the extent that those expenses have been approved by the Merit Board or its Executive Director.

 

g)         Demotion

 

1)         Any of the actions described in this subsection (g)(1) are considered to be a demotion when that action has been initiated by the employer.  A demotion may occur when a status employee:

 

A)        is subject to a reduction in salary in his/her current position, or in a position of the same class to which he/she has been reassigned, except when the reduction in pay results from an overall reduction in pay to persons employed in the same class and/or when the Merit Board, on the basis of supporting evidence, determines that the pay potential should be lowered for a class;

 

B)        is subject to a reduction in percentage of time worked;

 

C)        is appointed to a position in a lower class in a promotional line;

 

D)        is appointed to a position in a class outside a promotional line with a lower pay potential;

 

E)        is given a nonstatus appointment.

 

2)         None of the actions described in subsection (g)(1) are considered to be a demotion when the action has been initiated, or willingly accepted, by the employee.

 

A)        Evidence of initiation by, or willing acceptance by, an employee (i.e., a "voluntary demotion" or "voluntary downgrade" or similar action) shall be:  a statement signed by the employee (to be filed by the employer with the notice of employment) indicating that the new appointment is at his/her request and/or is acceptable to him/her, or the employee applied for, and took, the Civil Service examination, upon the results of which the new appointment is based, after the date of certification to his/her most recent position.

 

B)        Without the evidence indicated in subsection (g)(2)(A), the action will be considered to have been initiated by the employer and, therefore, will be considered to be a demotion.

 

3)         Any classification plan changes authorized and implemented by the University System and/or the Merit Board that may result in a lower pay potential will not be considered a demotion.

 

4)         An employer may effectuate a demotion by filing a Notice of Demotion form with the Merit Board and serving a copy of the Notice of Demotion on the employee by personally serving the employee, or by an overnight delivery service that requires signature upon receipt, and also by First Class U.S. Mail.  The Notice of Demotion form shall designate the position and class to which the employee has been demoted and shall factually state the causes justifying demotion.  The effective date of the demotion shall be the "Proof of Service on Employee" date on the Notice of Demotion form.  A demotion shall be subject to the same hearing and review procedures as are provided an employee in the case of a discharge.  (See subsection (f).)  During any hearing and review proceedings, the employee shall be paid the approved rate for the class of the position to which he/she has been demoted, as set forth in the Notice of Demotion form.

 

5)         A status employee who is demoted by action of the Merit Board to a position in a class in which he/she has never been employed on a status appointment shall be placed in a designated class without requiring further examination or probationary period.

 

h)         Dismissal

 

1)         An employer may dismiss an employee whose name has been certified and who has been subsequently employed in a status position at any time during the probationary period of employment in a class, if the employer determines, pursuant to Section 250.90(a), that the employee has failed to demonstrate the ability and the qualifications necessary to furnish satisfactory service.

 

2)         The employer shall notify the Executive Director promptly of dismissals, setting forth the reasons for the dismissal.

 

(Source:  Amended at 44 Ill. Reg. 18746, effective November 12, 2020)

 

Section 250.119 Furloughs

 

a)         Furlough.  A furlough is the placement of an employee in a temporary nonduty, nonpay status for a continuous or noncontinuous period of time due only to a lack of funds.  A furlough is not considered a layoff or a reduction in force action and, therefore, is not subject to Section 250.110(d) regarding a layoff.  Any furlough program is intended to mitigate the need for significant and permanent layoffs for the prospective 9 to 12 months after the furlough program has ended.

 

b)         Provisions.  In order to invoke a furlough program, the employer must demonstrate significant fiscal distress, as verified by the employer's controlling board or commission during a meeting conducted in accordance with the Open Meetings Act.  Significant fiscal distress includes:

 

1)         A failure to receive an annual appropriation by the General Assembly;

 

2)         Severe and significant reductions to an annual appropriation by the General Assembly; and

 

3)         Similar budgetary reductions that could come in the form of "fund sweeps" or "fund reserves" imposed by the General Assembly or Governor, or by similar legislative actions.

 

c)         Furlough Program Stipulations.  A furlough program shall not be used by an employer for the following reasons:

 

1)         Permanent shutdown;

 

2)         As a substitute for permanent part-time employment; or

 

3)         As a disciplinary measure.

 

d)         Criteria.  Uniform participation and selection criteria shall be developed by the designated place of employment and consistently applied.  This Section shall only apply to employees who are designated within the employer's furlough program in accordance with subsections (d) through (p).

 

e)         Temporary and Extra Help Appointments.  Prior to the implementation of a furlough program, all employees on a temporary appointment or an extra help appointment shall be terminated, unless an exception is permitted subject to subsection (h). 

 

f)         Student Appointments.  Student appointments subject to Section 250.70(e) shall be placed in a furlough status for an amount of time that is generally equal to that of employees who are being furloughed, unless an exception is permitted subject to subsection (h).  Student employees shall not be used to replace status employees who are being furloughed.

 

g)         Voluntary or Mandatory Furlough Program.  A furlough can be either voluntary or mandatory.  A voluntary or mandatory furlough program is not required to include all employees at a designated employer or within a division or program.

 

h)         Exceptions.  Employers may exempt positions from a furlough program under the following conditions:

 

1)         Positions/employees who have mandated funding, such as a grant or other funding source, or whose absence would jeopardize the funding for a position/employee or department; 

 

2)         Employees in positions considered essential to the critical mission of an employer, such as those related to health and welfare or public safety;

 

3)         Employees in positions considered essential to maintain facilities during a furlough program; or

 

4)         Students whose positions are part of their financial aid package or whose position results in the awarding of academic credit.

 

i)          Notification of Furlough Program to Employees.  No furlough program may be implemented unless the employer has notified all employees affected by the furlough at least 30 days prior to a furlough program being implemented.  The process by which the employer chooses to notify employees is at the employer's discretion, but must conform to the employer's policies related to contacting an employee for official business. The notice must inform the employee of the date or dates on which the employee is to be on furlough status and the end date of the furlough program.

 

j)          Furlough Work Status.  An employee who is furloughed shall not be at work, on standby or on-call, and shall not perform any work for the furloughing employer during his/her scheduled furlough time.  However, for emergency situations, employees subject to a collective bargaining agreement may be called back to work in accordance with the agreement.  For those employees not subject to a collective bargaining agreement, employees may be called back to work in accordance with standard employer policies.

 

k)         Employee Benefits

 

1)         Employees who are furloughed are not permitted to use vacation, sick leave, personal leave, "floating" holidays, or any other compensable time or similar benefit for the time during which he/she is being furloughed.

 

2)         Notwithstanding any other Section in this Part, or the fact that an employee's work hours or pay is reduced by the requirement to take a furlough,  furlough time will be credited as if the employee were in pay status for employee benefit programs such as health, life, dental and vision insurance and any similar benefits.

 

3)         A furloughed employee shall be entitled to the same benefits to which he/she was entitled on the paid workday immediately preceding the furlough day.  These benefits include, but are not limited to, continued accumulation of vacation and sick leave, holiday benefits, and benefits established by the Merit Board Policy Relating to Employee Benefits as approved by the Merit Board, and other benefits approved by the Governing Boards of the universities and agencies served by the University System.

 

4)         A furloughed employee shall continue to accrue seniority during any and all furlough work days.

 

l)          Maximum Number of Furlough Work Days.  A furlough program shall only be instituted for a maximum of 15 work days in any fiscal year (July 1 through June 30).

 

m)        Employer's Tracking of Furlough Days.  The employer is required to track designated furlough days for each employee.

 

n)         Military Leave during a Furlough Program.  An employee on military leave shall not be scheduled for any furlough days during his/her leave and may be scheduled for furlough days that may be prorated dependent upon the date the employee returns to work, if a furlough program remains in effect.

 

o)         Collective Bargaining Agreements.  Implementation of furloughs for employees covered under a collective bargaining agreement is subject to applicable State and federal labor laws and regulations.  This Section does not absolve, circumvent or supersede other State or federal labor laws and/or regulations that apply; including any duty to bargain in accordance with those laws and regulations.

 

p)         Notification to the State Universities Civil Service System of a Furlough Program.  An employer may institute a voluntary or mandatory furlough program upon notification to the Executive Director at least 30 calendar days prior to any employee being furloughed.  Notifications shall include the following:

 

1)         What considerations have been contemplated or invoked for other employees, such as those listed in Section 36e(2) through (5) of the Act;

 

2)         An explanation of the facts related to the temporary nature of the event causing the furlough program;

 

3)         The funding deficit related to the affected work areas;

 

4)         The approximate number of employees affected by the furlough program; and

 

5)         The beginning and ending dates of the furlough program for the employer.

 

q)         Reporting Requirements for a Furlough Program.  An employer shall provide specific reports to the University System office within 10 calendar days following the implementation of a furlough program.  These reports shall contain the following:

 

1)         Summary of positions affected by the furlough program:

 

A)        Headcount of total employees impacted and their classifications;

 

B)        Number of furlough days being implemented;

 

C)        Approximate amount of savings for the furloughed positions/employees; and

 

D)        Impact of furloughs invoked for other employees, such as those listed in Section 36e(2) through (5) of the Act.

 

2)         Other related documentation as requested by the University System office.

 

(Source:  Amended at 42 Ill. Reg. 24268, effective December 3, 2018)

 

Section 250.120  Seniority

 

a)         Accumulation of Seniority

 

1)         After the completion of the probationary period, the status employee's seniority shall date from the beginning of the probationary period. Seniority is accumulated on the basis of hours in a pay status exclusive of overtime.  Seniority may be accumulated in certain types of non-pay status under specified conditions as provided for in subsections (f), (g), (h) and (j).

 

2)         Seniority, once earned in a class, is retained during any period of continuous employment:

 

A)        Except as provided for in lesser units in accordance with subsection (k)(2).

 

B)        Except an employee does not retain seniority in any class from which he/she has been demoted because of unsatisfactory performance or for disciplinary reasons.

 

b)         Retention of Seniority.  Seniority accrued in a class is retained for that class for purposes of retreat rights even though an employee accepts a position in another class outside of the promotional line.

 

c)         Seniority Lists.  Each employer shall maintain a public and current seniority list that includes the names of all status employees in each class in order of their seniority.

 

d)         Ties in Seniority Lists

 

1)         If two or more employees have the same seniority, their names shall be placed on the seniority list in the order of their scores in the examination for the position; i.e., the person with the highest score shall be first, next highest second, and continuing in descending order of their scores.  Seniority between employees who receive the same score on the examination shall be determined in accordance with years of service at the place of employment, then in accordance with date of application for employment.

 

2)         If two or more employees have the same seniority in the same lesser unit, subsection (d)(1) shall apply.

 

e)         Accumulation of Seniority, or Service, in Promotional Line. Seniority or service in a higher class in a promotional line may be added to seniority or service earned in a lower class in the same line to compute total seniority or service in the lower class.  Seniority earned in a class shall be counted toward seniority in a lower class in the same promotional line even though the employee may not have served in the lower class.  Seniority or service earned in a lower class in a promotional line may not be added to seniority or service earned in a higher class in the same line to compute total seniority or service in the higher class.

 

f)         Accumulation of Seniority during Disability.  Subject to limitation imposed by subsection (h), employees accrue seniority while on leave of absence for disability, as defined in Section 250.110(b)(3) and for an occupational or work-related disability that becomes the subject of payment of income benefits as defined by the Workers' Compensation Act [820 ILCS 305], the Workers' Occupational Diseases Act [820 ILCS 310], a State self-insurance program, or other appropriate authority.

 

g)         Accumulation of Seniority during Authorized Absence without Pay.  An employee shall accrue seniority during approved leaves of absence without pay, not exceeding a total of 30 work days within any calendar year.

 

h)         Accumulation of Seniority during Layoff Status.  An employee continues to accrue seniority during layoff occasioned by a break in the academic calendar or during any other layoff period, not in excess of 30 consecutive work days.

 

i)          Accumulation of Seniority during Suspension.  Employees do not accrue seniority while on suspension.

 

j)          Accumulation of Seniority during Military Service

 

1)         A status employee accrues seniority during leave for military service until the date of separation from active military service and for 90 calendar days after separation, if the separation is under conditions other than dishonorable.

 

2)         An employee whose name has been certified and who has not completed the probationary period at the time of approval for leave for military service shall continue to accrue seniority in his/ her classification for the entire time of leave for military service until the date of separation from active service and for 90 calendar days after separation, provided the employee meets the following conditions:

 

A)        the separation from active military service is under conditions other than dishonorable;

 

B)        reemployment occurs in a position of the same class in which employed at the time of leave for military service; and

 

C)        the probationary period is satisfactorily completed in the class upon reemployment.

 

k)         Effect of Lesser Units on Seniority

 

1)         Lesser units, for purposes of determining seniority, may be approved by the Merit Board, provided two-thirds of the status employees within the class involved in the approval of the lesser unit shall agree to the creation of the lesser unit.  A lesser unit can be disestablished only by agreement (i.e., election) of two-thirds of all status employees in the class at the place of employment (subject to subsequent approval by the Merit Board).

 

2)         A status employee who accepts a position in a different lesser unit relinquishes seniority acquired in the previous lesser unit, but cannot be required to serve another probationary period, providing there is no change in class.

 

3)         An employee in a lesser unit who accepts a temporary assignment in another lesser unit during a period of layoff does not accrue seniority in the latter unit.

 

l)          Effect of Vacation Time on Seniority at Time of Separation.  At the time of separation, seniority shall be accrued only through the period of actual service to the employer.  Payment for earned vacation time shall not be included in the seniority computation.

 

m)        Restoration of Seniority after Retirement.  If a retired employee is reemployed within 60 days after retirement, seniority earned up to the effective date of retirement shall be restored.

 

(Source:  Amended at 33 Ill. Reg. 11644, effective July 22, 2009)

 

Section 250.130  Review Procedures

 

a)         Review by Director of Action, or Omission, of Designated Employer Representative.  Any action, or omission, by a designated employer representative shall be the basis for a review decision by the Director, upon a timely filed written request by an applicant, a candidate, or an employee.  The request shall be deemed to be timely filed if filed within 15 calendar days following the action, or omission of the action, by the employer, or within 15 calendar days after the employee receives a response from the employer containing the final institutional administrative decision, or as otherwise may be deemed appropriate by the Director under the circumstances.  The employer, within 10 days after notice by the Director of the filing of a request for review, shall present a statement of the employer's position and a confirmation that the employee has exhausted his normal administrative remedies with his employer.  Within 30 days following the receipt of the employer's confirmation of the exhaustion of remedies with the employer, the Director shall render his Review Decision.  The Director and Merit Board staff shall have the right to examine all pertinent records of the employer and the right of direct personal interview and inquiry with appropriate parties.

 

b)         Review by Merit Board of Review Decision of Director.  An applicant, a candidate, an employee, or an employer, affected by a Review Decision of the Director under Section 250.130(a), may file a written request with the Secretary for the Merit Board for a Merit Board review of the Director's Review Decision, provided that such request is filed within 30 calendar days from the date of the Director's Review Decision.  If no such request is timely filed, the Director's Review Decision shall be the final decision of the Merit Board.  Such a request must be received by the Secretary for the Merit Board at least 15 calendar days prior to the next scheduled meeting of the Merit Board for it to be included on the agenda for that meeting; if not so received, it will be placed on the agenda for the next scheduled meeting of the Board.  The Merit Board shall examine the record and the Review Decision of the Director and affirm such Review Decision as the final Decision and Order of the Merit Board, or the Merit Board may order such further review procedures as it may deem necessary or desirable.  The final Decision and Order of the Merit Board shall be certified by the Secretary for the Merit Board to the Director and to the parties to the Review proceeding.

 

(Source:  Amended at 9 Ill. Reg. 17422, effective October 23, 1985)

 

Section 250.140  Delegation of Authority and Responsibilities

 

a)         Delegation to the Executive Director.  The Executive Director is delegated the authority and responsibility to effectively administer the State Universities Civil Service System in accordance with the Act and this Part.  The Executive Director may be further delegated the authority and responsibility to act on behalf of the Merit Board by specific authorization or direction of the Merit Board.

 

b)         Delegation by the Executive Director.  The Executive Director is authorized to delegate to the employer, and to members of the University System staff, such duties and responsibilities as, in his/her judgment, are appropriate and effective for the efficient administration of the service of the System to its constituent institutions and agencies.

 

c)         Conduct of Audits.  The Executive Director shall conduct ongoing audit programs of all Civil Service operations at all places of employment for the purpose of assuring compliance with the Act and this Part and for improving the programs of personnel administration of its constituent employers and shall prepare, distribute, and follow up on audit reports in accordance with Merit Board direction.

 

d)         Authority to Correct Errors.  The University System may, on its own initiative, or at the request of an applicant or interested party, correct any clerical error or errors in computation of a score or register of candidates, or any other document affecting the rights of the System, the applicant, or interested party, and shall have the power to correct any such score, register, or document, and issue in lieu thereof a corrected score or document.

 

e)         Authority to Research New Programs.  With respect to their obligation to efficiently and effectively establish a sound program of personnel administration, the University System Office may, upon direction and authority of the Merit Board, create new temporary demonstration projects or pilot/study programs to investigate and research the efficiency and effectiveness of such programs prior to formal implementation.

 

1)         Application Process.  The University System Office, in conjunction with any employers seeking to conduct a demonstration project or pilot/study program under this subsection (e), may submit an application, in the form required by the Executive Director, which will include:

 

A)        a description of the proposed project;

 

B)        the percentage of employees and number of places of employment in which the proposed project would be conducted;

 

C)        a statement of the period during which the proposed project would be conducted;

 

D)        a discussion of the benefits that are expected from the proposed project;

 

E)        a statement of program requirements for which waivers would be needed to permit the proposed project to be conducted including a specific citation to any rule that, if not waived under this Section, would prohibit the conducting of the project, or any part of the project as proposed; and

 

F)         any additional information the Executive Director may require.

 

2)         Review Process.  Upon receipt of an application, the University System Office will evaluate the proposed project and will provide interested parties an opportunity for comment prior to Merit Board consideration.

 

3)         Waiver Authority.  The Merit Board may waive compliance with any requirement of this Part if the requirement prevents the purpose of demonstration project or pilot/study program; however, the Merit Board may not waive:

 

A)        any remedy available to any employee or applicant for employment provided by this Part;

 

B)        compliance with any other State or Federal law; and

 

C)        any requirement of this Part if the project would violate a collective bargaining agreement.

 

4)         Limitations.  The Merit Board may not approve a demonstration project or pilot/study program if:

 

A)        it would cause more than five demonstration projects or pilot/study programs to run concurrently at any time;

 

B)        it exceeded a three-year term, excluding plan development and preparation time, but including actual implementation, administration and evaluation of the project; and

 

C)        it involves more than 10% of all civil service status employees or more than half of the University System employers.

 

5)        Evaluations. 

 

A)         An evaluation report in the form required by the University System Office shall be prepared setting forth the results of each demonstration project or pilot/study program and its impact on improving personnel administration. 

 

B)         Nothing in this subsection (e) shall be construed so as to prohibit or hinder the University System Office from requesting additional information to assist the University System Office with evaluating the demonstration project or pilot/study program or conducting its regularly scheduled audits of employers conducting demonstration projects or pilot/study programs.

 

(Source:  Amended at 31 Ill. Reg. 15848, effective November 13, 2007)

 

Section 250.150  Training

 

Staff Training Programs.  The Director may develop and administer specialized training programs relating to Civil Service operations for staff personnel of the employers, as selected for participation in such programs by the employers.

 

Section 250.160  Suspension of Rules

 

Suspension of Rules in an Emergent or Catastrophic Situation.

 

a)         The president, or the ranking administrative officer of an employer, may declare an emergency to exist, or to be impending, in the event of a catastrophe, or if a situation arises which impairs or impedes the public mission of an employer.

 

b)         If, because of the urgency of time during such an emergency, the immediate employment needs of the employer cannot be met by following the procedures, as established by the Rules of the Merit Board, the president, or the ranking administrative officer of the employer, is authorized to take such actions as described in paragraphs (c) and (d) below, with the stipulation that:

 

1)         the Director of the System is notified of the emergency by the individual declaring the emergency as soon as possible following the onset of the emergency; and

 

2)         a full report of the nature of the emergency, of the beginning time and date and the concluding time and date of the emergency, shall be filed with the Director of the System within ten days following the end of the emergency.

 

c)         The president, or the ranking administrative officer, or an individual or individuals designated by him for this special assignment, may reassign any employee to serve within his ability and in accordance with need, or he may recruit any individual to assist as necessary, without reference to the appointment provisions of the Statute and this Part governing the System.

 

1)         An employee of the employer reassigned to emergency duties shall accrue service or seniority, as appropriate, in his regular class while on such emergency duty.

 

2)         Any other individual employed on an emergency basis for the period of the emergency establishes no right to continuance in employment.

 

d)         The president, or the ranking administrative officer, may order an employee to absent himself from work without reference to the layoff provisions of the Statute and this Part.  The absented employee shall continue to accrue service or seniority during such absence.