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91_SB0575eng
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1 AN ACT concerning the Chicago Park District.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Chicago Park District Act is amended by
5 changing Sections 3, 5, 14, and 16a and adding Section 15e as
6 follows:
7 (70 ILCS 1505/3) (from Ch. 105, par. 333.3)
8 Sec. 3. Commissioners; corporate body. There shall be 7
9 commissioners of the Chicago Park District. Within 30 days
10 after the effective date of this amendatory Act of 1988 the
11 Mayor of the City of Chicago, with the approval of the City
12 Council, shall appoint the 2 additional commissioners of the
13 Chicago Park District authorized by this amendatory Act of
14 1988, one to serve a term ending June 30, 1992, and the other
15 to serve a term ending June 30, 1993, as designated by the
16 Mayor. The 5 commissioners holding office on the effective
17 date of this amendatory Act of 1988 shall continue in office
18 until his or her term otherwise ends.
19 Annually in the same manner as the original appointments
20 are made, a commissioner shall be appointed to succeed each
21 commissioner whose term then expires to serve for a term of 5
22 years and until his or her successor is appointed and
23 qualified. Vacancies in the office of commissioner shall be
24 filled by appointment by the mayor with the approval of the
25 City Council.
26 Each commissioner shall be a legal voter of and reside
27 within the district and before entering upon the duties of
28 his or her office shall take and subscribe an oath to
29 faithfully discharge his or her duties as commissioner. Each
30 commissioner shall be required to post a bond in the sum of
31 $50,000 for the use and benefit of the district subject to
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1 the approval of the Circuit Court of Cook County with whom
2 such bond shall be posted.
3 In performing their functions as commissioners for the
4 Chicago Park District, the commissioners are subject to the
5 Public Officer Prohibited Activities Act. It shall be a petty
6 offense for any commissioner to be directly or indirectly
7 pecuniarily interested in any contract or work of any kind
8 whatever connected with said park district, and any contract
9 in which any commissioners shall be directly or indirectly
10 interested shall be null and void.
11 From the time of the beginning of the term of the first
12 commissioners, the Chicago Park District shall constitute a
13 body politic and corporate and by such name and style may sue
14 and be sued, contract and be contracted with, acquire and
15 hold real property necessary for corporate purposes, and
16 adopt a common seal and alter the same at pleasure.
17 (Source: P.A. 85-1411.)
18 (70 ILCS 1505/5) (from Ch. 105, par. 333.5)
19 Sec. 5. General superintendent; Director of Human
20 Resources. The commissioners of the Chicago Park District
21 shall appoint a general superintendent. Such superintendent
22 shall be chosen without regard to his or her political
23 affiliations and upon the sole basis of his or her
24 administrative and technical qualifications to manage the
25 affairs of the district. He or she shall be a citizen of the
26 United States and a resident of the district.
27 Notwithstanding anything to the contrary in Section 2 of
28 the Park System Civil Service Act "An Act relating to the
29 civil service in park systems", approved June 10, 1911, as
30 now or hereafter amended, or any other law, the commissioners
31 shall appoint a Director of Human Resources superintendent of
32 employment. The Director of Human Resources superintendent
33 of employment shall be a citizen of the United States and a
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1 resident of the district.
2 (Source: P.A. 85-1411.)
3 (70 ILCS 1505/14) (from Ch. 105, par. 333.14)
4 Sec. 14. Civil service. The Park System Civil Service
5 Act "An Act relating to the civil service in park systems",
6 approved June 10, 1911, as amended, shall apply to the
7 Chicago Park District, and upon the coming into effect of
8 this act there shall be appointed but one Director of Human
9 Resources superintendent of employment and but one civil
10 service board for such district.
11 Every officer and employe in the classified civil service
12 at the time this Act takes effect shall be assigned to a
13 position having, so far as possible, duties equivalent to his
14 former office or employment, and such officers and employes
15 shall have the same standing, grade, and privilege which they
16 respectively had in the districts from which they were
17 transferred, subject, however, to existing and future civil
18 service laws. This Section shall not be construed to require
19 the retention of more officers and employes than are
20 necessary to the proper performance of the functions of the
21 Chicago Park District and the rules of the civil service
22 board made in pursuance of the civil service law shall
23 control in the making of layoffs and reinstatements of such
24 officers and employes as are not necessary to be retained.
25 This act shall in no way be construed to affect the operation
26 of Article 5 or Article 12 of the "Illinois Pension Code" as
27 the same may from time to time be amended, nor to affect the
28 rights of employees to pensions or annuities nor any taxes
29 authorized to be levied therefor. In the case of employes and
30 policemen of superseded park districts not having annuity
31 benefit funds retained as employes or policemen of the
32 Chicago Park District such employes and policemen shall have
33 the right to enter as new employes and policemen.
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1 (Source: Laws 1963, p. 147.)
2 (70 ILCS 1505/15e new)
3 Sec. l5e. Sale or other transfer and lease of real
4 estate.
5 (a) Any real estate owned or held by the Chicago Park
6 District not exceeding 3 acres in area may be sold or
7 otherwise transferred to any individual or entity, provided
8 that the board shall first have determined the sale or
9 transfer to be in the best interests of the district. Before
10 the sale or other transfer, a notice of the proposal to sell
11 shall be published once each week for 3 successive weeks in a
12 daily or weekly paper published in the City of Chicago or
13 County of Cook. The first publication may not be less than 30
14 days before the day provided in the notice for the opening of
15 bids for the real estate. The Chicago Park District may
16 accept the highest responsible bid or any other bid
17 determined to be in the best interest of the Chicago Park
18 District or may reject any and all bids by an affirmative
19 vote of at least 4 commissioners.
20 (b) Any real estate owned or held by the Chicago Park
21 District that exceeds 3 acres in area may be sold or
22 otherwise transferred to any individual or entity, provided
23 that the board shall first have determined the sale or
24 transfer to be in the best interests of the district and
25 provided that the sale or transfer shall first be approved by
26 the Circuit Court of Cook County. Before the sale or other
27 transfer, a notice of the proposal to sell shall be published
28 once each week for 3 successive weeks in a daily or weekly
29 paper published in the City of Chicago or County of Cook.
30 The first publication may not be less than 30 days before the
31 day provided in the notice for the opening of bids for the
32 real estate. The Chicago Park District may accept the highest
33 responsible bid or any other bid determined to be in the best
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1 interest of the Chicago Park District or may reject any and
2 all bids by an affirmative vote of at least 4 commissioners.
3 (c) In addition to any other power provided in this
4 Section, the Chicago Park District may lease, sublease,
5 assign, or otherwise transfer less than a fee simple interest
6 in any real estate lands, riparian estates or rights, or
7 other property (including abandoned railroad rights-of-way)
8 to or from any person or persons, provided that the board
9 shall first have determined the lease, sublease, assignment,
10 other transfer of less than a fee simple interest to be in
11 the best interests of the district. The real estate may be
12 leased, subleased, assigned, or otherwise transferred to or
13 from any person or persons for any consideration acceptable
14 to the Chicago Park District. The term of the lease,
15 sublease, assignment, or other transfer may not exceed 99
16 years.
17 (d) The exemption from property taxes for park district
18 property shall not be affected by any transaction in which,
19 for the purpose of obtaining financing, a park district,
20 directly or indirectly, leases or otherwise transfers the
21 property to another whose property is not exempt and
22 immediately thereafter enters into a leaseback or other
23 agreement that, directly or indirectly, gives the park
24 district a right to use, control, and possess the property.
25 In the case of a conveyance of the property, the park
26 district must retain an option to purchase the property at a
27 future date or, within the limitations period for reverters,
28 the property must revert back to the park district.
29 (e) If the property has been conveyed as described in
30 subsection (d), the property will no longer be exempt
31 pursuant to this Section as of the date when:
32 (1) the right of the park district to use, control,
33 and possess the property has been terminated;
34 (2) the park district no longer has an option to
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1 purchase or otherwise acquire the property; and
2 (3) there is no provision for a reverter of the
3 property to the park district within the limitations
4 period for reverters.
5 (f) Pursuant to Sections 15-15 and 15-20 of the Property
6 Tax Code, the park district shall notify the chief county
7 assessment officer of any transaction under subsection (d) of
8 this Section. The chief county assessment officer shall
9 determine initial and continuing compliance with the
10 requirements of this Section for tax exemption. Failure to
11 notify the chief county assessment officer of a transaction
12 under this Section or to otherwise comply with the
13 requirements of Sections 15-15 and 15-20 of the Property Tax
14 Code shall, in the discretion of the chief county assessment
15 officer, constitute cause to terminate the exemption,
16 notwithstanding any other provision of this Code.
17 (g) No provision of this Section shall be construed to
18 affect the obligation of the park district to which an
19 exemption certificate has been issued under this Section from
20 its obligation under Section 15-10 of the Property Tax Code
21 to file an annual certificate of status or to notify the
22 chief county assessment officer of transfers of interest or
23 other changes in the status of the property as required by
24 the Property Tax Code.
25 (h) The changes made by this amendatory Act of the 91st
26 General Assembly are declarative of existing law and shall
27 not be construed as a new enactment.
28 (70 ILCS 1505/16a) (from Ch. 105, par. 333.16a)
29 Sec. 16a. Personnel code.
30 (a) Notwithstanding the provisions of the Park System
31 Civil Service Act or the provisions of any other law, the
32 board of commissioners by ordinance may establish a personnel
33 code for the Chicago Park District creating a system of
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1 personnel administration based on merit principles and
2 scientific methods.
3 (b) The passage by the board of commissioners of a
4 personnel code that complies with the provisions of this
5 Section shall suspend the applicability to the Chicago Park
6 District of the Park System Civil Service Act. That Act shall
7 again become applicable to the Chicago Park District
8 immediately upon the repeal by the board of commissioners of
9 the personnel code or of any provision of that Code that is
10 required by this Section.
11 (c) Any personnel code passed by the board of
12 commissioners under the authority of this Section shall
13 contain provisions necessary to create a personnel system
14 based on merit principles and scientific methods and shall at
15 a minimum contain the following provisions:
16 (1) The code shall create the office of Director of
17 Human Resources Superintendent of Employment. The
18 Director of Human Resources Superintendent of Employment
19 shall be a resident of the district and shall be
20 appointed by the board of commissioners.
21 (2) The code shall provide for a personnel board
22 consisting of 3 members. Two members shall be
23 commissioners and the third shall be the Director of
24 Human Resources Superintendent of Employment or the
25 person lawfully acting in that capacity. Terms for
26 members shall be prescribed by the personnel code. The
27 commissioner members of the personnel board shall serve
28 without compensation but shall be reimbursed for
29 necessary travel and other expenses. The personnel board
30 may administer oaths, subpoena witnesses, and compel the
31 production of books and papers pertinent to any hearing
32 authorized by this Section. Any circuit court, upon
33 application by the personnel board or any member of the
34 board, may, in its discretion, compel the attendance of
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1 witnesses, the production of books and papers, and the
2 giving of testimony before the board or its hearing
3 officer in relation to a hearing. Any person who shall
4 refuse to comply with a lawfully served order to appear
5 or testify before the personnel board or its hearing
6 officer, or to produce books and papers relevant to the
7 hearing as commanded in a lawfully served subpoena, shall
8 be guilty of a Class B misdemeanor. Any person who,
9 having taken an oath or made affirmation before the board
10 or its hearing officer, knowingly swears or affirms
11 falsely is guilty of perjury and upon conviction shall be
12 punished accordingly.
13 (3) The code shall subject all positions of
14 employment in the Park District to the jurisdiction of
15 the personnel board, with the exception of offices or
16 high-ranking senior executive positions, confidential
17 positions, or special program positions that cannot be
18 subject to career service due to program requirements.
19 The board of commissioners shall, by resolution,
20 specifically exempt those offices or positions from the
21 jurisdiction of the personnel board.
22 (4) The substantive provisions of the code shall
23 provide, at a minimum, for the following:
24 (A) With the exceptions listed below, all
25 vacancies in positions of employment subject to the
26 jurisdiction of the personnel board shall be filled
27 only after providing reasonable public notice of the
28 vacancy and inviting those who meet the published
29 minimum requirements for the position as further
30 provided in this Section to apply for it. The
31 district shall specify in the announcement of the
32 vacancy the minimum requirements necessary to be
33 considered for the position, as contained in the
34 official position description for the position. The
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1 district shall specify in the announcement of the
2 vacancy whether competition for the vacancy is open
3 to non-employees of the district, or to employees of
4 the district, or to both. The district may dispense
5 with this requirement of public announcement when a
6 vacancy, for reasons promoting the efficiency of the
7 district service, is to be filled by demotion,
8 recall from layoff or leave of absence, or lateral
9 transfer of an employee; or as the result of a
10 lawful order of a court, arbitrator, or
11 administrative agency; or as the result of a bona
12 fide settlement of a legal claim; or in accordance
13 with the provisions of this Section governing
14 emergency appointments; or as a result of a
15 reclassification of an employee's job title made in
16 accordance with rules prescribed by the district for
17 correcting misclassifications; or as the result of a
18 need to correct or avoid violations of any ethics
19 ordinance of the district.
20 (B) All vacancies that have been publicly
21 announced in accordance with the provisions of
22 subparagraph (A) of this paragraph (4) shall
23 thereafter be filled by a competitive evaluation of
24 the relative qualifications of those who apply for
25 it. Any method of evaluation shall be reasonably
26 designed to select candidates on the basis of
27 job-related criteria. The personnel board shall
28 prescribe by rule the various methods of evaluation
29 that may be used. The public announcement of the
30 vacancy shall specify the method that will be used
31 for the particular vacancy. The Director of Human
32 Resources Superintendent of Employment shall
33 document the process of conducting each competitive
34 evaluation for each vacancy in sufficient detail
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1 that the personnel board may determine the process
2 by which, and the basis on which, the person
3 selected to fill the vacancy was selected.
4 (C) The district, where it determines that it
5 is in the interest of the efficiency of the service,
6 may specify reasonable lines of promotion or "career
7 ladder" progressions grouping related positions. The
8 district may, in its discretion, restrict
9 competition for a particular vacancy (i) to existing
10 employees who seek promotion to that vacancy from
11 the position class at the next lower step in the
12 relevant line of promotion or career ladder
13 progression or (ii) if there is no such lower step,
14 to existing employees seeking promotion from a
15 particular job classification or classifications
16 whose duties are reasonably related to the duties of
17 the vacancy being filled. No restriction of
18 competition for a vacancy to be filled by promotion
19 shall be applied unless the line of promotion or
20 similar restriction has first been approved by the
21 personnel board.
22 (D) Persons appointed to a position of
23 permanent employment shall acquire "career service"
24 status following successful completion of a 6-month
25 period of probation.
26 (E) The district may prescribe reasonable
27 rules that extend appropriate preference in filling
28 vacancies to qualified persons who have been members
29 of the armed forces of the United States in time of
30 hostilities with a foreign country or to qualified
31 persons who, while citizens of the United States,
32 were members of the armed forces of allies of the
33 United States in time of hostilities with a foreign
34 country. A "time of hostilities with a foreign
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1 country" means the period of time from December 7,
2 1941, to December 31, 1945, and from June 27, 1950,
3 to December 31, 1976 and during any other period
4 prescribed by the Board of Commissioners to take
5 account of periods in which the armed forces were
6 subjected to the risks of hostilities with a foreign
7 country. To qualify for this preference, a person
8 must have served in the armed forces for at least 6
9 months, been discharged on the ground of hardship,
10 or been released from active duty because of a
11 service-connected disability; the person must not
12 have received a dishonorable discharge.
13 (F) The district may make emergency
14 appointments without public announcement or
15 competition where immediate appointment is required
16 for reasons of the security or safety of the public
17 or of the district's property. Emergency
18 appointments shall be immediately reported to the
19 personnel board, which may disapprove them and order
20 them ended. No emergency appointment may last more
21 than 30 days, and no emergency appointment shall be
22 renewed.
23 (G) The district may make temporary
24 appointments to positions in which it is determined
25 by the personnel board that the continuous services
26 of the employee will be needed for less than 12
27 months. Appointments shall be made by public
28 announcement and competitive methods as provided in
29 subparagraph (A) of this paragraph (4), but the
30 employee thus appointed shall not acquire career
31 service status during the period of his or her
32 temporary appointment.
33 (H) The district may transfer employees
34 without competitive procedures from a position to a
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1 similar position involving similar qualifications,
2 duties, responsibilities, and salary ranges.
3 (I) The district may make layoffs by reason of
4 lack of funds or work, abolition of a position, or
5 material change in duties or organization. The
6 personnel code may provide for reemployment of
7 employees so laid off, giving consideration in both
8 layoffs and reemployment to performance record,
9 seniority in service, and impact on achieving equal
10 employment opportunity goals.
11 (J) Any employee with career service status
12 shall be discharged or suspended without pay for
13 more than 30 days only for cause and only upon
14 written charges for the discharge or suspension. The
15 employee shall have an opportunity to appeal the
16 action to the personnel board and to receive a
17 hearing before the personnel board or a hearing
18 officer appointed by it. The district may suspend,
19 without pay, the charged employee pending a hearing
20 and determination of an appeal by the personnel
21 board. All final administrative decisions by the
22 personnel board discharging or suspending, for more
23 than 30 days, an employee with career service status
24 are subject to judicial review under the
25 Administrative Review Law.
26 (K) The district shall extend, to persons who
27 are working in a position in which they lawfully
28 acquired civil service status by virtue of being
29 examined under the Park System Civil Service Act,
30 career service status in that position without
31 further examination.
32 (L) In filling any position subject to the
33 jurisdiction of the personnel board and not exempted
34 under paragraph (3) of subsection (c), the district
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1 shall take no account, whether favorably or
2 unfavorably, of any candidate's political
3 affiliation, political preferences or views, or
4 service to any political party or organization. The
5 district shall maintain procedures through which
6 employees may complain of violations of this
7 prohibition and through which any established
8 violation may be corrected.
9 (M) The district shall provide, by rule of the
10 personnel board, by collective bargaining agreements
11 with the appropriate collective bargaining
12 representatives, or both, for continued recognition
13 of any right acquired on or before the effective
14 date of this amendatory Act of 1991 by an employee
15 of the district to be employed or reemployed, as the
16 result of a layoff or a recall, in a position in
17 which the employee previously held civil service
18 status. Those previously acquired rights may be
19 modified by mutual agreement between the district
20 and the appropriate collective bargaining
21 representative.
22 (N) The code shall provide that in filling
23 vacancies, the district will follow the provisions
24 of any lawful affirmative action plan approved by
25 the board of commissioners.
26 (O) The code shall set forth specific
27 standards of employee performance that all district
28 employees shall be required to follow.
29 (5) The code shall provide for the preparation,
30 maintenance, and revision by the personnel board of a
31 position classification plan for all positions of
32 employment within the district, based on similarity of
33 duties performed, responsibilities assigned, and
34 conditions of employment, so that the same schedule of
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1 pay may be equitably applied to all positions in the same
2 class. Every class of positions shall have a position
3 description approved by the personnel board, specifying
4 the duties expected of the occupant of the position, the
5 minimum requirements of education, training, or
6 experience required for the position, and any other
7 information the personnel board by rule may prescribe for
8 inclusion in the position descriptions. No position
9 shall be filled, and no salary or other remuneration paid
10 to an occupant of a position, until the position has been
11 incorporated by the personnel board into the position
12 classification plan.
13 (6) The code shall provide for the preparation,
14 maintenance, and revision of a pay plan. The pay plan
15 shall be approved, and all revisions to it shall be
16 approved, by the board of commissioners. The pay plan
17 shall assign rates of pay to each position within the
18 approved position classification plan of the district.
19 No salary for any position of employment in the district
20 shall be paid unless and until that position has been
21 lawfully included in the pay plan. Nothing in this
22 Section shall relieve the district from the obligation to
23 bargain over rates of pay under the Illinois Public Labor
24 Relations Act or any other statute that regulates the
25 labor relations of the district.
26 (7) The code shall provide that no disbursing or
27 auditing officer of the district shall make or approve
28 any payment for personal service to any person holding a
29 position in the service of the district unless the
30 payroll voucher or account of the payment bears the
31 certification of the Director of Human Resources
32 Superintendent of Employment that each person named
33 therein has been appointed and employed in accordance
34 with the provisions of the personnel code and the
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1 provisions of this Section. The certification shall be
2 based either upon verification of the individual items in
3 each payroll period or upon procedures developed for
4 avoiding unnecessary repetitive verification when other
5 evidence of compliance with applicable laws and rules is
6 available. The procedures may be based either upon a
7 continuation of payroll preparation by individual
8 departments or upon the use of a central payroll
9 preparation unit. The Director of Human Resources
10 Superintendent of Employment shall furnish the personnel
11 board with a copy of each payroll as certified.
12 (Source: P.A. 87-354; 87-895.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.
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