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91_SB1425eng
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1 AN ACT concerning park districts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 3. The Park District Aquarium and Museum Act is
5 amended by changing Section 1 as follows:
6 (70 ILCS 1290/1) (from Ch. 105, par. 326)
7 Sec. 1. The corporate authorities of cities and park
8 districts having the control or supervision of any public
9 park or parks, are hereby authorized to purchase, erect and
10 maintain within any public park or parks under the control or
11 supervision of such corporate authorities, edifices to be
12 used as aquariums or as museums of art, industry, science or
13 natural or other history, or to permit the directors or
14 trustees of any corporation or society organized for the
15 construction or maintenance and operation of an aquarium or
16 museum as hereinabove described to erect, enlarge, ornament,
17 build, rebuild, rehabilitate, improve, maintain and operate
18 its aquarium or museum or museums within any public park now
19 or hereafter under the control or supervision of any city or
20 park district, and to contract with any such directors or
21 trustees of any such aquarium, museum or museums relative to
22 the erection, enlargement, ornamentation, building,
23 rebuilding, rehabilitation, improvement, maintenance and
24 operation thereof. Any city or park district may charge, or
25 permit such an aquarium or museum to charge, an admission
26 fee: Provided, that any such aquarium or museum shall be open
27 to the public without charge for a period equivalent to 52
28 days each year at least one day each week, and, when
29 accompanied by a teacher, to the children in actual
30 attendance upon grades kindergarten through twelve in any of
31 the schools in this State at all times. Notwithstanding said
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1 provision, charges may be made at any time for special
2 services and for admission to special facilities within any
3 aquarium or museum for the education, entertainment or
4 convenience of visitors. The proceeds of such admission fees
5 and charges for special services and special facilities shall
6 be devoted exclusively to the purposes for which the tax
7 authorized by Section 2 hereof may be used. If any owner or
8 owners of any lands or lots abutting or fronting on any such
9 public park, or adjacent thereto, have any private right,
10 easement, interest or property in such public park
11 appurtenant to their lands or lots or otherwise, which would
12 be interfered with by the erection and maintenance of any
13 aquarium or museum as hereinbefore provided, or any right to
14 have such public park remain open or vacant and free from
15 buildings, the corporate authorities of the city or park
16 district having control of such park, may condemn the same in
17 the manner prescribed for the exercise of the right of
18 eminent domain under Article VII of the Code of Civil
19 Procedure, as now or hereafter amended.
20 (Source: P.A. 82-783.)
21 Section 5. The Chicago Park District Act is amended by
22 changing Sections 3, 5, 14, and 16a as follows:
23 (70 ILCS 1505/3) (from Ch. 105, par. 333.3)
24 Sec. 3. Commissioners; corporate body. There shall be 7
25 commissioners of the Chicago Park District. Within 30 days
26 after the effective date of this amendatory Act of 1988 the
27 Mayor of the City of Chicago, with the approval of the City
28 Council, shall appoint the 2 additional commissioners of the
29 Chicago Park District authorized by this amendatory Act of
30 1988, one to serve a term ending June 30, 1992, and the other
31 to serve a term ending June 30, 1993, as designated by the
32 Mayor. The 5 commissioners holding office on the effective
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1 date of this amendatory Act of 1988 shall continue in office
2 until his or her term otherwise ends.
3 Annually in the same manner as the original appointments
4 are made, a commissioner shall be appointed to succeed each
5 commissioner whose term then expires to serve for a term of 5
6 years and until his or her successor is appointed and
7 qualified. Vacancies in the office of commissioner shall be
8 filled by appointment by the mayor with the approval of the
9 City Council.
10 Each commissioner shall be a legal voter of and reside
11 within the district and before entering upon the duties of
12 his or her office shall take and subscribe an oath to
13 faithfully discharge his or her duties as commissioner. Each
14 commissioner shall be required to post a bond in the sum of
15 $50,000 for the use and benefit of the district subject to
16 the approval of the Circuit Court of Cook County with whom
17 such bond shall be posted.
18 In performing their functions as commissioners for the
19 Chicago Park District, the commissioners are subject to the
20 Public Officer Prohibited Activities Act. It shall be a petty
21 offense for any commissioner to be directly or indirectly
22 pecuniarily interested in any contract or work of any kind
23 whatever connected with said park district, and any contract
24 in which any commissioners shall be directly or indirectly
25 interested shall be null and void.
26 From the time of the beginning of the term of the first
27 commissioners, the Chicago Park District shall constitute a
28 body politic and corporate and by such name and style may sue
29 and be sued, contract and be contracted with, acquire and
30 hold real property necessary for corporate purposes, and
31 adopt a common seal and alter the same at pleasure.
32 (Source: P.A. 85-1411.)
33 (70 ILCS 1505/5) (from Ch. 105, par. 333.5)
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1 Sec. 5. General superintendent; Director of Human
2 Resources. The commissioners of the Chicago Park District
3 shall appoint a general superintendent. Such superintendent
4 shall be chosen without regard to his or her political
5 affiliations and upon the sole basis of his or her
6 administrative and technical qualifications to manage the
7 affairs of the district. He or she shall be a citizen of the
8 United States and a resident of the district.
9 Notwithstanding anything to the contrary in Section 2 of
10 the Park System Civil Service Act "An Act relating to the
11 civil service in park systems", approved June 10, 1911, as
12 now or hereafter amended, or any other law, the commissioners
13 shall appoint a Director of Human Resources superintendent of
14 employment. The Director of Human Resources superintendent
15 of employment shall be a citizen of the United States and a
16 resident of the district.
17 (Source: P.A. 85-1411.)
18 (70 ILCS 1505/14) (from Ch. 105, par. 333.14)
19 Sec. 14. Civil service. The Park System Civil Service
20 Act "An Act relating to the civil service in park systems",
21 approved June 10, 1911, as amended, shall apply to the
22 Chicago Park District, and upon the coming into effect of
23 this act there shall be appointed but one Director of Human
24 Resources superintendent of employment and but one civil
25 service board for such district.
26 Every officer and employe in the classified civil service
27 at the time this Act takes effect shall be assigned to a
28 position having, so far as possible, duties equivalent to his
29 former office or employment, and such officers and employes
30 shall have the same standing, grade, and privilege which they
31 respectively had in the districts from which they were
32 transferred, subject, however, to existing and future civil
33 service laws. This Section shall not be construed to require
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1 the retention of more officers and employes than are
2 necessary to the proper performance of the functions of the
3 Chicago Park District and the rules of the civil service
4 board made in pursuance of the civil service law shall
5 control in the making of layoffs and reinstatements of such
6 officers and employes as are not necessary to be retained.
7 This act shall in no way be construed to affect the operation
8 of Article 5 or Article 12 of the "Illinois Pension Code" as
9 the same may from time to time be amended, nor to affect the
10 rights of employees to pensions or annuities nor any taxes
11 authorized to be levied therefor. In the case of employes and
12 policemen of superseded park districts not having annuity
13 benefit funds retained as employes or policemen of the
14 Chicago Park District such employes and policemen shall have
15 the right to enter as new employes and policemen.
16 (Source: Laws 1963, p. 147.)
17 (70 ILCS 1505/16a) (from Ch. 105, par. 333.16a)
18 Sec. 16a. Personnel code.
19 (a) Notwithstanding the provisions of the Park System
20 Civil Service Act or the provisions of any other law, the
21 board of commissioners by ordinance may establish a personnel
22 code for the Chicago Park District creating a system of
23 personnel administration based on merit principles and
24 scientific methods.
25 (b) The passage by the board of commissioners of a
26 personnel code that complies with the provisions of this
27 Section shall suspend the applicability to the Chicago Park
28 District of the Park System Civil Service Act. That Act shall
29 again become applicable to the Chicago Park District
30 immediately upon the repeal by the board of commissioners of
31 the personnel code or of any provision of that Code that is
32 required by this Section.
33 (c) Any personnel code passed by the board of
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1 commissioners under the authority of this Section shall
2 contain provisions necessary to create a personnel system
3 based on merit principles and scientific methods and shall at
4 a minimum contain the following provisions:
5 (1) The code shall create the office of Director of
6 Human Resources Superintendent of Employment. The
7 Director of Human Resources Superintendent of Employment
8 shall be a resident of the district and shall be
9 appointed by the board of commissioners.
10 (2) The code shall provide for a personnel board
11 consisting of 3 members. Two members shall be
12 commissioners and the third shall be the Director of
13 Human Resources Superintendent of Employment or the
14 person lawfully acting in that capacity. Terms for
15 members shall be prescribed by the personnel code. The
16 commissioner members of the personnel board shall serve
17 without compensation but shall be reimbursed for
18 necessary travel and other expenses. The personnel board
19 may administer oaths, subpoena witnesses, and compel the
20 production of books and papers pertinent to any hearing
21 authorized by this Section. Any circuit court, upon
22 application by the personnel board or any member of the
23 board, may, in its discretion, compel the attendance of
24 witnesses, the production of books and papers, and the
25 giving of testimony before the board or its hearing
26 officer in relation to a hearing. Any person who shall
27 refuse to comply with a lawfully served order to appear
28 or testify before the personnel board or its hearing
29 officer, or to produce books and papers relevant to the
30 hearing as commanded in a lawfully served subpoena, shall
31 be guilty of a Class B misdemeanor. Any person who,
32 having taken an oath or made affirmation before the board
33 or its hearing officer, knowingly swears or affirms
34 falsely is guilty of perjury and upon conviction shall be
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1 punished accordingly.
2 (3) The code shall subject all positions of
3 employment in the Park District to the jurisdiction of
4 the personnel board, with the exception of offices or
5 high-ranking senior executive positions, confidential
6 positions, or special program positions that cannot be
7 subject to career service due to program requirements.
8 The board of commissioners shall, by resolution,
9 specifically exempt those offices or positions from the
10 jurisdiction of the personnel board.
11 (4) The substantive provisions of the code shall
12 provide, at a minimum, for the following:
13 (A) With the exceptions listed below, all
14 vacancies in positions of employment subject to the
15 jurisdiction of the personnel board shall be filled
16 only after providing reasonable public notice of the
17 vacancy and inviting those who meet the published
18 minimum requirements for the position as further
19 provided in this Section to apply for it. The
20 district shall specify in the announcement of the
21 vacancy the minimum requirements necessary to be
22 considered for the position, as contained in the
23 official position description for the position. The
24 district shall specify in the announcement of the
25 vacancy whether competition for the vacancy is open
26 to non-employees of the district, or to employees of
27 the district, or to both. The district may dispense
28 with this requirement of public announcement when a
29 vacancy, for reasons promoting the efficiency of the
30 district service, is to be filled by demotion,
31 recall from layoff or leave of absence, or lateral
32 transfer of an employee; or as the result of a
33 lawful order of a court, arbitrator, or
34 administrative agency; or as the result of a bona
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1 fide settlement of a legal claim; or in accordance
2 with the provisions of this Section governing
3 emergency appointments; or as a result of a
4 reclassification of an employee's job title made in
5 accordance with rules prescribed by the district for
6 correcting misclassifications; or as the result of a
7 need to correct or avoid violations of any ethics
8 ordinance of the district.
9 (B) All vacancies that have been publicly
10 announced in accordance with the provisions of
11 subparagraph (A) of this paragraph (4) shall
12 thereafter be filled by a competitive evaluation of
13 the relative qualifications of those who apply for
14 it. Any method of evaluation shall be reasonably
15 designed to select candidates on the basis of
16 job-related criteria. The personnel board shall
17 prescribe by rule the various methods of evaluation
18 that may be used. The public announcement of the
19 vacancy shall specify the method that will be used
20 for the particular vacancy. The Director of Human
21 Resources Superintendent of Employment shall
22 document the process of conducting each competitive
23 evaluation for each vacancy in sufficient detail
24 that the personnel board may determine the process
25 by which, and the basis on which, the person
26 selected to fill the vacancy was selected.
27 (C) The district, where it determines that it
28 is in the interest of the efficiency of the service,
29 may specify reasonable lines of promotion or "career
30 ladder" progressions grouping related positions. The
31 district may, in its discretion, restrict
32 competition for a particular vacancy (i) to existing
33 employees who seek promotion to that vacancy from
34 the position class at the next lower step in the
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1 relevant line of promotion or career ladder
2 progression or (ii) if there is no such lower step,
3 to existing employees seeking promotion from a
4 particular job classification or classifications
5 whose duties are reasonably related to the duties of
6 the vacancy being filled. No restriction of
7 competition for a vacancy to be filled by promotion
8 shall be applied unless the line of promotion or
9 similar restriction has first been approved by the
10 personnel board.
11 (D) Persons appointed to a position of
12 permanent employment shall acquire "career service"
13 status following successful completion of a 6-month
14 period of probation.
15 (E) The district may prescribe reasonable
16 rules that extend appropriate preference in filling
17 vacancies to qualified persons who have been members
18 of the armed forces of the United States in time of
19 hostilities with a foreign country or to qualified
20 persons who, while citizens of the United States,
21 were members of the armed forces of allies of the
22 United States in time of hostilities with a foreign
23 country. A "time of hostilities with a foreign
24 country" means the period of time from December 7,
25 1941, to December 31, 1945, and from June 27, 1950,
26 to December 31, 1976 and during any other period
27 prescribed by the Board of Commissioners to take
28 account of periods in which the armed forces were
29 subjected to the risks of hostilities with a foreign
30 country. To qualify for this preference, a person
31 must have served in the armed forces for at least 6
32 months, been discharged on the ground of hardship,
33 or been released from active duty because of a
34 service-connected disability; the person must not
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1 have received a dishonorable discharge.
2 (F) The district may make emergency
3 appointments without public announcement or
4 competition where immediate appointment is required
5 for reasons of the security or safety of the public
6 or of the district's property. Emergency
7 appointments shall be immediately reported to the
8 personnel board, which may disapprove them and order
9 them ended. No emergency appointment may last more
10 than 30 days, and no emergency appointment shall be
11 renewed.
12 (G) The district may make temporary
13 appointments to positions in which it is determined
14 by the personnel board that the continuous services
15 of the employee will be needed for less than 12
16 months. Appointments shall be made by public
17 announcement and competitive methods as provided in
18 subparagraph (A) of this paragraph (4), but the
19 employee thus appointed shall not acquire career
20 service status during the period of his or her
21 temporary appointment.
22 (H) The district may transfer employees
23 without competitive procedures from a position to a
24 similar position involving similar qualifications,
25 duties, responsibilities, and salary ranges.
26 (I) The district may make layoffs by reason of
27 lack of funds or work, abolition of a position, or
28 material change in duties or organization. The
29 personnel code may provide for reemployment of
30 employees so laid off, giving consideration in both
31 layoffs and reemployment to performance record,
32 seniority in service, and impact on achieving equal
33 employment opportunity goals.
34 (J) Any employee with career service status
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1 shall be discharged or suspended without pay for
2 more than 30 days only for cause and only upon
3 written charges for the discharge or suspension. The
4 employee shall have an opportunity to appeal the
5 action to the personnel board and to receive a
6 hearing before the personnel board or a hearing
7 officer appointed by it. The district may suspend,
8 without pay, the charged employee pending a hearing
9 and determination of an appeal by the personnel
10 board. All final administrative decisions by the
11 personnel board discharging or suspending, for more
12 than 30 days, an employee with career service status
13 are subject to judicial review under the
14 Administrative Review Law.
15 (K) The district shall extend, to persons who
16 are working in a position in which they lawfully
17 acquired civil service status by virtue of being
18 examined under the Park System Civil Service Act,
19 career service status in that position without
20 further examination.
21 (L) In filling any position subject to the
22 jurisdiction of the personnel board and not exempted
23 under paragraph (3) of subsection (c), the district
24 shall take no account, whether favorably or
25 unfavorably, of any candidate's political
26 affiliation, political preferences or views, or
27 service to any political party or organization. The
28 district shall maintain procedures through which
29 employees may complain of violations of this
30 prohibition and through which any established
31 violation may be corrected.
32 (M) The district shall provide, by rule of the
33 personnel board, by collective bargaining agreements
34 with the appropriate collective bargaining
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1 representatives, or both, for continued recognition
2 of any right acquired on or before the effective
3 date of this amendatory Act of 1991 by an employee
4 of the district to be employed or reemployed, as the
5 result of a layoff or a recall, in a position in
6 which the employee previously held civil service
7 status. Those previously acquired rights may be
8 modified by mutual agreement between the district
9 and the appropriate collective bargaining
10 representative.
11 (N) The code shall provide that in filling
12 vacancies, the district will follow the provisions
13 of any lawful affirmative action plan approved by
14 the board of commissioners.
15 (O) The code shall set forth specific
16 standards of employee performance that all district
17 employees shall be required to follow.
18 (5) The code shall provide for the preparation,
19 maintenance, and revision by the personnel board of a
20 position classification plan for all positions of
21 employment within the district, based on similarity of
22 duties performed, responsibilities assigned, and
23 conditions of employment, so that the same schedule of
24 pay may be equitably applied to all positions in the same
25 class. Every class of positions shall have a position
26 description approved by the personnel board, specifying
27 the duties expected of the occupant of the position, the
28 minimum requirements of education, training, or
29 experience required for the position, and any other
30 information the personnel board by rule may prescribe for
31 inclusion in the position descriptions. No position
32 shall be filled, and no salary or other remuneration paid
33 to an occupant of a position, until the position has been
34 incorporated by the personnel board into the position
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1 classification plan.
2 (6) The code shall provide for the preparation,
3 maintenance, and revision of a pay plan. The pay plan
4 shall be approved, and all revisions to it shall be
5 approved, by the board of commissioners. The pay plan
6 shall assign rates of pay to each position within the
7 approved position classification plan of the district.
8 No salary for any position of employment in the district
9 shall be paid unless and until that position has been
10 lawfully included in the pay plan. Nothing in this
11 Section shall relieve the district from the obligation to
12 bargain over rates of pay under the Illinois Public Labor
13 Relations Act or any other statute that regulates the
14 labor relations of the district.
15 (7) The code shall provide that no disbursing or
16 auditing officer of the district shall make or approve
17 any payment for personal service to any person holding a
18 position in the service of the district unless the
19 payroll voucher or account of the payment bears the
20 certification of the Director of Human Resources
21 Superintendent of Employment that each person named
22 therein has been appointed and employed in accordance
23 with the provisions of the personnel code and the
24 provisions of this Section. The certification shall be
25 based either upon verification of the individual items in
26 each payroll period or upon procedures developed for
27 avoiding unnecessary repetitive verification when other
28 evidence of compliance with applicable laws and rules is
29 available. The procedures may be based either upon a
30 continuation of payroll preparation by individual
31 departments or upon the use of a central payroll
32 preparation unit. The Director of Human Resources
33 Superintendent of Employment shall furnish the personnel
34 board with a copy of each payroll as certified.
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1 (Source: P.A. 87-354; 87-895.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.
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