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| 1 | AN ACT concerning local government. | |||||||||||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||
| 3 | represented in the General Assembly: | |||||||||||||||||||||||||||
| 4 | Section 5. The Metropolitan Water Reclamation District Act | |||||||||||||||||||||||||||
| 5 | is amended by changing Sections 4.7, 4.8, 4.9, 4.11, and 4.13 | |||||||||||||||||||||||||||
| 6 | as follows: | |||||||||||||||||||||||||||
| 7 | (70 ILCS 2605/4.7) (from Ch. 42, par. 323.7) | |||||||||||||||||||||||||||
| 8 | Sec. 4.7. Examinations and eligible lists. All applicants | |||||||||||||||||||||||||||
| 9 | for offices or places in said classified civil service, except | |||||||||||||||||||||||||||
| 10 | for the positions of deputy director of engineering, deputy | |||||||||||||||||||||||||||
| 11 | director of monitoring and research, deputy director of | |||||||||||||||||||||||||||
| 12 | maintenance and operations, assistant director of engineering, | |||||||||||||||||||||||||||
| 13 | assistant director of maintenance and operations, deputy | |||||||||||||||||||||||||||
| 14 | general counsel, head assistant attorneys, assistant director | |||||||||||||||||||||||||||
| 15 | of monitoring and research, assistant director of information | |||||||||||||||||||||||||||
| 16 | technology, assistant director of human resources, | |||||||||||||||||||||||||||
| 17 | comptroller, assistant treasurer, assistant director of | |||||||||||||||||||||||||||
| 18 | procurement and materials management, and laborers, shall be | |||||||||||||||||||||||||||
| 19 | subjected to examination, which shall be public and | |||||||||||||||||||||||||||
| 20 | competitive with limitations specified in the rules of the | |||||||||||||||||||||||||||
| 21 | Director as to residence, age, sex, health, habits, moral | |||||||||||||||||||||||||||
| 22 | character and qualifications to perform the duties of the | |||||||||||||||||||||||||||
| 23 | office or place to be filled, which qualifications shall be | |||||||||||||||||||||||||||
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| 1 | prescribed in advance of such examination. Such examinations | ||||||
| 2 | shall be practical in their character, and shall relate to | ||||||
| 3 | those matters which will fairly test the relative capacity of | ||||||
| 4 | the persons examined to discharge the duties of the position | ||||||
| 5 | to which they seek to be appointed, and may include tests of | ||||||
| 6 | physical qualifications and health and when appropriate, of | ||||||
| 7 | manual skill. No question in any examination shall relate to | ||||||
| 8 | political or religious opinions or affiliations. The Director | ||||||
| 9 | shall control all examinations, and may, whenever an | ||||||
| 10 | examination is to take place, designate a suitable number of | ||||||
| 11 | persons to be special examiners and it shall be the duty of | ||||||
| 12 | such special examiners to conduct such examinations as the | ||||||
| 13 | Director may direct, and to make return and report thereof to | ||||||
| 14 | him; and the Director he may, at any time, substitute any other | ||||||
| 15 | person in the place of any one so selected; and the Director he | ||||||
| 16 | may himself, at any time, act as such special examiner, and | ||||||
| 17 | without appointing other special examiners. The Director | ||||||
| 18 | shall, by rule, provide for and shall hold sufficient number | ||||||
| 19 | of examinations to provide a sufficient number of candidates | ||||||
| 20 | eligibles on the eligible list register for each | ||||||
| 21 | classification grade of position in the classified civil | ||||||
| 22 | service, and if any place in the classified civil service | ||||||
| 23 | shall become vacant, to which there is not a sufficient number | ||||||
| 24 | of candidates no person eligible for appointment, the Director | ||||||
| 25 | he shall hold an examination for such position and repeat the | ||||||
| 26 | same, if necessary, until a vacancy is filled in accordance | ||||||
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| 1 | with the provisions of this Act. | ||||||
| 2 | Eligible lists registers shall remain in force for between | ||||||
| 3 | 1 and 3 years, except the eligible list register for laborers | ||||||
| 4 | which shall remain in force for 4 years and except the eligible | ||||||
| 5 | lists registers for student programs and entry level | ||||||
| 6 | engineering positions which, in the Director's discretion, may | ||||||
| 7 | remain in force for one year. The duration of the eligible list | ||||||
| 8 | shall be announced in advance of the examination in accordance | ||||||
| 9 | with Section 4.8. | ||||||
| 10 | Examinations for an eligible list for each position in the | ||||||
| 11 | classified service above mentioned shall be held at least once | ||||||
| 12 | in 3 years and at least annually for student programs and entry | ||||||
| 13 | level engineering positions if the Director has limited the | ||||||
| 14 | duration of the eligible lists registers for those positions | ||||||
| 15 | to one year, unless the Director determines that such | ||||||
| 16 | examinations are not necessary because no vacancy exists. | ||||||
| 17 | To help defray expenses of examinations, the sanitary | ||||||
| 18 | district may, but need not, charge a fee to each applicant who | ||||||
| 19 | desires to take a civil service examination provided for by | ||||||
| 20 | this Act. The amount of such fees shall be set by the corporate | ||||||
| 21 | authority of the sanitary district. Such fees shall be | ||||||
| 22 | deposited in the corporate fund of the district. | ||||||
| 23 | (Source: P.A. 94-1070, eff. 11-29-06; 95-923, eff. 1-1-09.) | ||||||
| 24 | (70 ILCS 2605/4.8) (from Ch. 42, par. 323.8) | ||||||
| 25 | Sec. 4.8. Notice of the time and place, and general scope, | ||||||
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| 1 | and fee, and duration of the eligible list of every | ||||||
| 2 | examination and of the duties, pay, and nature of the position | ||||||
| 3 | sought to be filled shall be given by the Director by | ||||||
| 4 | publication for 2 weeks preceding such examination, in a daily | ||||||
| 5 | newspaper of general circulation published in the county in | ||||||
| 6 | which said sanitary district is situated and such notice shall | ||||||
| 7 | be posted by him in a conspicuous place in his office for 2 | ||||||
| 8 | weeks before such examinations. | ||||||
| 9 | (Source: Laws 1963, p. 2477.) | ||||||
| 10 | (70 ILCS 2605/4.9) (from Ch. 42, par. 323.9) | ||||||
| 11 | Sec. 4.9. From the return or reports of examiners, or from | ||||||
| 12 | the examinations which he or she has made, the Director shall | ||||||
| 13 | prepare an eligible list a register for each grade or class of | ||||||
| 14 | positions in the classified service of the sanitary district | ||||||
| 15 | of the persons who shall attain such minimum mark as may be | ||||||
| 16 | fixed by the Director for any part of such examination, and | ||||||
| 17 | whose general average standing upon examination for such grade | ||||||
| 18 | or class is not less than the minimum fixed by the rules of the | ||||||
| 19 | Director, and who are otherwise eligible; and such persons | ||||||
| 20 | shall take rank upon the eligible list register as candidates | ||||||
| 21 | in the order of their relative excellence as determined by | ||||||
| 22 | examination, without reference to priority of time of | ||||||
| 23 | examination. The Director may substitute categories designated | ||||||
| 24 | as A, B, and C for numerical ratings and establish eligible | ||||||
| 25 | lists registers accordingly. The notice of examination shall | ||||||
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| 1 | specify the category or categories upon which selection will | ||||||
| 2 | be made. | ||||||
| 3 | (Source: P.A. 97-124, eff. 7-14-11.) | ||||||
| 4 | (70 ILCS 2605/4.11) (from Ch. 42, par. 323.11) | ||||||
| 5 | Sec. 4.11. Appointments. Whenever a position classified | ||||||
| 6 | under this Act is to be filled, except the positions of deputy | ||||||
| 7 | director of engineering, deputy director of monitoring and | ||||||
| 8 | research, deputy director of maintenance and operations, | ||||||
| 9 | assistant director of engineering, assistant director of | ||||||
| 10 | maintenance and operations, deputy general counsel, head | ||||||
| 11 | assistant attorneys, assistant director of monitoring and | ||||||
| 12 | research, assistant director of information technology, | ||||||
| 13 | comptroller, assistant treasurer, assistant director of | ||||||
| 14 | procurement and materials management, assistant director of | ||||||
| 15 | human resources, and laborers, the Executive Director shall | ||||||
| 16 | make requisition upon the Director, and the Director shall | ||||||
| 17 | certify to the Executive Director him or her from the eligible | ||||||
| 18 | list register of eligibles for the position the names (a) of | ||||||
| 19 | the five candidates standing highest upon the eligible list | ||||||
| 20 | register of eligibles for the position, or (b) of the | ||||||
| 21 | candidates within the A category upon the eligible list | ||||||
| 22 | register of eligibles if the list register is by categories | ||||||
| 23 | designated as A, B, and C, provided, however, that any | ||||||
| 24 | certification shall consist of at least 5 candidates, if | ||||||
| 25 | available. If fewer than 5 candidates are in the A category, | ||||||
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| 1 | then the Director shall also certify all of the candidates in | ||||||
| 2 | the B category. If fewer than 5 candidates are in the A and B | ||||||
| 3 | categories combined, then the Director shall also certify all | ||||||
| 4 | of the candidates in the C category. If fewer than 5 candidates | ||||||
| 5 | are in the A, B, and C categories combined, then the Director | ||||||
| 6 | may delay certification to fill a vacancy and hold an | ||||||
| 7 | examination to provide a sufficient number of candidates on an | ||||||
| 8 | updated eligible list. Candidates passing the subsequent | ||||||
| 9 | examination shall take rank or be placed in the appropriate | ||||||
| 10 | category upon the updated eligible list as determined by the | ||||||
| 11 | candidate's exam performance. Certification shall be made in | ||||||
| 12 | accordance with this Section but without preference as to | ||||||
| 13 | priority of time of examination, except that the candidates | ||||||
| 14 | that were remaining on the prior unexpired eligible list shall | ||||||
| 15 | be included in the certified group, regardless of their | ||||||
| 16 | category, for all requisitions until the expiration date of | ||||||
| 17 | the prior eligible list. The Executive Director shall notify | ||||||
| 18 | the Director of each position to be filled separately and | ||||||
| 19 | shall fill the position by appointment of one of the certified | ||||||
| 20 | candidates. The Executive Director's appointment decision | ||||||
| 21 | shall be final and not subject to review. An appointed | ||||||
| 22 | candidate shall be a probationary appointee on probation for a | ||||||
| 23 | period to be fixed by the rules, not exceeding 250 days worked | ||||||
| 24 | by the probationary appointee in the position of probationary | ||||||
| 25 | appointment. At any time during the period of probation, the | ||||||
| 26 | Executive Director with the approval of the Director may | ||||||
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| 1 | terminate a probationary appointee and shall notify the civil | ||||||
| 2 | service board in writing of the termination; however, the | ||||||
| 3 | Executive Director's termination of a probationary appointee | ||||||
| 4 | shall be final and not subject to review. At any time during | ||||||
| 5 | the period of probation, a probationary appointee may make a | ||||||
| 6 | written request to voluntarily terminate a probationary | ||||||
| 7 | appointment, and if approved by the Executive Director, such | ||||||
| 8 | voluntary termination shall be final and not subject to | ||||||
| 9 | review. If a probationary appointee is not terminated, then | ||||||
| 10 | the probationary appointee's his or her appointment shall be | ||||||
| 11 | deemed complete. | ||||||
| 12 | When there is no eligible list, the Executive Director | ||||||
| 13 | may, with the authority of the Director, make a temporary | ||||||
| 14 | appointment to remain in force only until a permanent | ||||||
| 15 | appointment from an eligible register or list can be made in | ||||||
| 16 | the manner specified in the previous provisions of this | ||||||
| 17 | Section, and examinations to supply an eligible list therefor | ||||||
| 18 | shall be held and an eligible list established therefrom | ||||||
| 19 | within one year from the making of such appointment. The | ||||||
| 20 | acceptance or refusal by an eligible person of a temporary | ||||||
| 21 | appointment does not affect his or her standing on the | ||||||
| 22 | eligible list register for permanent appointment. | ||||||
| 23 | In employment of an essentially temporary and transitory | ||||||
| 24 | nature, the Executive Director may, with the authority of the | ||||||
| 25 | Director of Human Resources make temporary appointments. No | ||||||
| 26 | temporary appointment of an essentially temporary and | ||||||
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| 1 | transitory nature may be granted for a period of more than 119 | ||||||
| 2 | consecutive or non-consecutive working days per calendar year. | ||||||
| 3 | The Director must include in his or her annual report, and if | ||||||
| 4 | required by the commissioners, in any special report, a | ||||||
| 5 | statement of all temporary appointments made during the year | ||||||
| 6 | or period specified by the commissioners, together with a | ||||||
| 7 | statement of the facts in each case because of which the | ||||||
| 8 | authority was granted. | ||||||
| 9 | All laborers shall be appointed by the Executive Director | ||||||
| 10 | and shall be on probation for a period to be fixed by the | ||||||
| 11 | rules, not exceeding 250 days worked by the laborer in the | ||||||
| 12 | position of the probationary appointment. At any time during | ||||||
| 13 | the period of a laborer's probation, the Executive Director | ||||||
| 14 | with the approval of the Director may terminate a laborer's | ||||||
| 15 | probationary appointment and shall notify the civil service | ||||||
| 16 | board in writing of the termination; however, the Executive | ||||||
| 17 | Director's termination of a laborer's probationary appointment | ||||||
| 18 | shall be final and not subject to review. If a laborer's | ||||||
| 19 | probationary appointment is not terminated, then the | ||||||
| 20 | appointment shall be deemed complete. | ||||||
| 21 | The positions of deputy director of engineering, deputy | ||||||
| 22 | director of monitoring and research, deputy director of | ||||||
| 23 | maintenance and operations, assistant director of engineering, | ||||||
| 24 | assistant director of maintenance and operations, deputy | ||||||
| 25 | general counsel, head assistant attorneys, assistant director | ||||||
| 26 | of monitoring and research, assistant director of information | ||||||
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| 1 | technology, comptroller, assistant treasurer, assistant | ||||||
| 2 | director of procurement and materials management, and | ||||||
| 3 | assistant director of human resources shall be appointed by | ||||||
| 4 | the Executive Director upon the recommendation of the | ||||||
| 5 | respective department head and shall be on probation for a | ||||||
| 6 | period to be fixed by the rules, not exceeding 2 two years. At | ||||||
| 7 | any time during the period of probation, the Executive | ||||||
| 8 | Director on the recommendation of the department head | ||||||
| 9 | concerned, may terminate any such probationary appointee and | ||||||
| 10 | he or she shall notify the Civil Service Board in writing of | ||||||
| 11 | the termination; however, the Executive Director's termination | ||||||
| 12 | of a probationary appointee shall be final and not subject to | ||||||
| 13 | review. If a probationary appointee is not terminated, then | ||||||
| 14 | the probationary appointee's his or her appointment shall be | ||||||
| 15 | deemed complete under the laws governing the classified civil | ||||||
| 16 | service. | ||||||
| 17 | (Source: P.A. 99-481, eff. 9-22-15.) | ||||||
| 18 | (70 ILCS 2605/4.13) (from Ch. 42, par. 323.13) | ||||||
| 19 | Sec. 4.13. The following offices and places of employment, | ||||||
| 20 | insofar as there are or may be such in the sanitary district, | ||||||
| 21 | shall not be included within the classified civil service: All | ||||||
| 22 | elective officers, the deputy executive director, the director | ||||||
| 23 | of human resources, the clerk, treasurer, director of | ||||||
| 24 | engineering, general counsel, executive director, director of | ||||||
| 25 | maintenance and operations, director of procurement and | ||||||
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| 1 | materials management, director of monitoring and research, | ||||||
| 2 | director of information technology, public and | ||||||
| 3 | intergovernmental affairs officer, administrative services | ||||||
| 4 | officer, and secretary and administrative aide to the | ||||||
| 5 | president of the board of trustees, members of the civil | ||||||
| 6 | service board and special examiners appointed by the civil | ||||||
| 7 | service board and the secretaries aides to the officers and | ||||||
| 8 | aides to the individual trustees, and those employed for | ||||||
| 9 | periods not exceeding 5 years under any apprentice program, | ||||||
| 10 | training or intern programs funded wholly or in part by grants | ||||||
| 11 | from the State of Illinois or the United States of America. | ||||||
| 12 | Further, apprentices in a sanitary district apprenticeship | ||||||
| 13 | program for the trades, plant operations, or laboratory | ||||||
| 14 | operations shall not be included within the classified civil | ||||||
| 15 | service. Entry into a sanitary district apprenticeship program | ||||||
| 16 | for the trades shall be by lottery. Graduates of these a | ||||||
| 17 | sanitary district apprenticeship programs program for the | ||||||
| 18 | trades shall be given additional points, in an amount to be | ||||||
| 19 | determined by the Director of Human Resources, on examinations | ||||||
| 20 | for civil service journeymen positions in the trades or | ||||||
| 21 | entry-level positions in plant operations or laboratory | ||||||
| 22 | operations classifications at the sanitary district. If an | ||||||
| 23 | eligible list for the civil service journeyman trades or | ||||||
| 24 | entry-level plant operations or laboratory operations | ||||||
| 25 | classification already exists at the time the district | ||||||
| 26 | apprentice completes the district program, then a special | ||||||
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| 1 | administration of the examination may be scheduled by the | ||||||
| 2 | Director. The examination shall use the same tests taken by | ||||||
| 3 | the candidates on the current eligible list. If the apprentice | ||||||
| 4 | attains a passing score on the examination, then the | ||||||
| 5 | apprentice shall be added to the eligible list in the | ||||||
| 6 | appropriate category based on the score. The apprentice's name | ||||||
| 7 | shall remain on the eligible list until its scheduled | ||||||
| 8 | expiration date. | ||||||
| 9 | (Source: P.A. 104-205, eff. 1-1-26.) | ||||||