Sen. John M. Sullivan
Filed: 1/5/2011
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1 | AMENDMENT TO HOUSE BILL 2386
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2 | AMENDMENT NO. ______. Amend House Bill 2386, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The State Universities Civil Service Act is | ||||||
6 | amended by changing Sections 36d, 36e, 36g, 36h, 36j, and 36o | ||||||
7 | and by adding Section 36t as follows:
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8 | (110 ILCS 70/36d) (from Ch. 24 1/2, par. 38b3)
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9 | Sec. 36d. Powers and duties of the Merit Board.
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10 | The Merit Board shall have the power and duty-
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11 | (1) To approve a classification plan prepared under its | ||||||
12 | direction,
assigning to each class positions of substantially | ||||||
13 | similar duties. The
Merit Board shall have power to delegate to | ||||||
14 | its Executive Director the duty of
assigning each position in | ||||||
15 | the classified service to the appropriate
class in the | ||||||
16 | classification plan approved by the Merit Board.
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1 | (2) To prescribe the duties of each class of positions and | ||||||
2 | the
qualifications required by employment in that class.
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3 | (3) To prescribe the range of compensation for each class | ||||||
4 | or to fix
a single rate of compensation for employees in a | ||||||
5 | particular class; and
to establish other conditions of | ||||||
6 | employment which an employer and
employee representatives have | ||||||
7 | agreed upon as fair and equitable. The
Merit Board shall direct | ||||||
8 | the payment of the "prevailing rate of wages"
in those | ||||||
9 | classifications in which, on January 1, 1952, any employer is
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10 | paying such prevailing rate and in such other classes as the | ||||||
11 | Merit Board
may thereafter determine. "Prevailing rate of | ||||||
12 | wages" as used herein
shall be the wages paid generally in the | ||||||
13 | locality in which the work is
being performed to employees | ||||||
14 | engaged in work of a similar character.
Each employer covered | ||||||
15 | by the University System shall be authorized to
negotiate with | ||||||
16 | representatives of employees to determine appropriate
ranges | ||||||
17 | or rates of compensation or other conditions of employment and
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18 | may recommend to the Merit Board for establishment the rates or | ||||||
19 | ranges
or other conditions of employment which the employer and | ||||||
20 | employee
representatives have agreed upon as fair and | ||||||
21 | equitable. Any rates or
ranges established prior to January 1, | ||||||
22 | 1952, and hereafter, shall not be
changed except in accordance | ||||||
23 | with the procedures herein provided.
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24 | (4) To recommend to the institutions and agencies specified | ||||||
25 | in
Section 36e standards for hours of work, holidays, sick | ||||||
26 | leave, overtime
compensation and vacation for the purpose of |
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1 | improving conditions of
employment covered therein and for the | ||||||
2 | purpose of insuring conformity
with the prevailing rate | ||||||
3 | principal.
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4 | (5) To prescribe standards of examination for each class, | ||||||
5 | the
examinations to be related to the duties of such class. The | ||||||
6 | Merit Board
shall have power to delegate to the Executive | ||||||
7 | Director and his staff the
preparation, conduct and grading of | ||||||
8 | examinations. Examinations may be
written, oral, by statement | ||||||
9 | of training and experience, in the form of
tests of knowledge, | ||||||
10 | skill, capacity, intellect, aptitude; or, by any
other method, | ||||||
11 | which in the judgment of the Merit Board is reasonable and
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12 | practical for any particular classification. Different | ||||||
13 | examining
procedures may be determined for the examinations in | ||||||
14 | different
classifications but all examinations in the same | ||||||
15 | classification shall be
uniform.
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16 | (6) To authorize the continuous recruitment of personnel | ||||||
17 | and to that
end, to delegate to the Executive Director and his | ||||||
18 | staff the power and the duty to
conduct open and continuous | ||||||
19 | competitive examinations for all
classifications of | ||||||
20 | employment.
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21 | (7) To cause to be established from the results of | ||||||
22 | examinations
registers for each class of positions in the | ||||||
23 | classified service of the
State Universities Civil Service | ||||||
24 | System, of the persons who shall
attain the minimum mark fixed | ||||||
25 | by the Merit Board for the examination;
and such persons shall | ||||||
26 | take rank upon the registers as candidates in the
order of |
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1 | their relative excellence as determined by examination, | ||||||
2 | without
reference to priority of time of examination.
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3 | (8) To provide by its rules for promotions in the | ||||||
4 | classified
service. Vacancies shall be filled by promotion | ||||||
5 | whenever practicable.
For the purpose of this paragraph, an | ||||||
6 | advancement in class shall
constitute a promotion.
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7 | (9) To set a probationary period of employment of no less | ||||||
8 | than 6 months
and no longer than 12 months for each class of | ||||||
9 | positions in the classification
plan, the length of the | ||||||
10 | probationary period for each class to be determined
by the | ||||||
11 | Director.
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12 | (10) To provide by its rules for employment at regular | ||||||
13 | rates of
compensation of physically handicapped persons in | ||||||
14 | positions in which the
handicap does not prevent the individual | ||||||
15 | from furnishing satisfactory
service.
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16 | (11) To make and publish rules, to carry out the purpose of | ||||||
17 | the
State Universities Civil Service System and for | ||||||
18 | examination, appointments,
transfers and removals and for | ||||||
19 | maintaining and keeping records of the
efficiency of officers | ||||||
20 | and employees and groups of officers and
employees in | ||||||
21 | accordance with the provisions of Sections 36b to 36q,
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22 | inclusive, and said Merit Board may from time to time make | ||||||
23 | changes in
such rules.
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24 | (12) To appoint a Executive Director and such assistants | ||||||
25 | and other clerical
and technical help as may be necessary | ||||||
26 | efficiently to administer
Sections 36b to 36q, inclusive. To |
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1 | authorize the Director to appoint an
assistant resident at the | ||||||
2 | place of employment of each employer specified
in Section 36e | ||||||
3 | and this assistant may be authorized to give examinations
and | ||||||
4 | to certify names from the regional registers provided in | ||||||
5 | Section
36k.
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6 | (13) To submit to the Governor of this state on or before | ||||||
7 | November 1
of each year prior to the regular session of the | ||||||
8 | General Assembly a
report of the University System's business | ||||||
9 | and an estimate of the amount
of appropriation from state funds | ||||||
10 | required for the purpose of
administering the University | ||||||
11 | System.
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12 | (Source: P.A. 82-524.)
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13 | (110 ILCS 70/36e) (from Ch. 24 1/2, par. 38b4)
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14 | Sec. 36e. Coverage. All employees of the Illinois Community | ||||||
15 | College Board,
State Community College of East St. Louis | ||||||
16 | (abolished under Section 2-12.1 of the Public Community College | ||||||
17 | Act) , Southern Illinois University,
Chicago State University, | ||||||
18 | Eastern Illinois University, Governors State
University, | ||||||
19 | Illinois State University, Northeastern Illinois University,
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20 | Northern Illinois University, Western Illinois University,
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21 | University of Illinois, State Universities Civil Service | ||||||
22 | System, State
Universities Retirement System, the State | ||||||
23 | Scholarship Commission, and
the Board of Higher Education, | ||||||
24 | shall be covered by the University System
described in Sections | ||||||
25 | 36b to 36q, inclusive, of this Act, except the
following |
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1 | persons:
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2 | (1) The members and officers of the Merit Board and the | ||||||
3 | board of
trustees, and the commissioners of the | ||||||
4 | institutions and agencies covered
hereunder;
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5 | (2) The presidents and vice-presidents of each | ||||||
6 | educational
institution;
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7 | (3) Other principal administrative employees of each | ||||||
8 | institution and
agency approved as determined by the Merit | ||||||
9 | Board;
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10 | (i) each position exempted under this Section | ||||||
11 | shall be reviewed and approved by the Merit Board, or | ||||||
12 | as designated through the Executive Director; | ||||||
13 | (ii) exemption authority in this respect lies | ||||||
14 | solely with the Merit Board, or as designated through | ||||||
15 | the Executive Director, and shall not be extended to | ||||||
16 | any other employing institution or agency; | ||||||
17 | (4) The teaching, research and extension faculties of | ||||||
18 | each
institution and agency;
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19 | (5) Students employed under rules prescribed by the | ||||||
20 | Merit Board,
without examination or certification.
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21 | (Source: P.A. 89-4, eff. 1-1-96; revised 9-16-10.)
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22 | (110 ILCS 70/36g) (from Ch. 24 1/2, par. 38b6)
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23 | Sec. 36g.
For the granting of appropriate preference in | ||||||
24 | entrance
examinations to qualified persons who have been | ||||||
25 | members of the armed forces
of the United States or to |
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1 | qualified persons who, while citizens of the
United States, | ||||||
2 | were members of the armed forces of allies of the United
States | ||||||
3 | in time of hostilities with a foreign country, and to certain | ||||||
4 | other
persons as set forth in this Section.
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5 | (a) As used in this Section:
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6 | (1) "Time of hostilities with a foreign country" means | ||||||
7 | any period of
time in the past, present, or future during | ||||||
8 | which a declaration of war by
the United States Congress | ||||||
9 | has been or is in effect or during which an
emergency | ||||||
10 | condition has been or is in effect that is recognized by | ||||||
11 | the
issuance of a Presidential proclamation or a | ||||||
12 | Presidential executive order
and in which the armed forces | ||||||
13 | expeditionary medal or other campaign service
medals are | ||||||
14 | awarded according to Presidential executive order.
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15 | (2) "Armed forces of the United States" means the | ||||||
16 | United States Army,
Navy, Air Force, Marine Corps, Coast | ||||||
17 | Guard. Service in the Merchant Marine
that constitutes | ||||||
18 | active duty under Section 401 of federal Public Law 95-202
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19 | shall also be considered service in the Armed Forces of the | ||||||
20 | United States
for purposes of this Section.
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21 | (b) The preference granted under this Section shall be in | ||||||
22 | the form of
points added to the final grades of the persons if | ||||||
23 | they otherwise qualify
and are entitled to appear on the list | ||||||
24 | of those eligible for appointments.
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25 | (c) A veteran is qualified for a preference of 10 points if | ||||||
26 | the veteran
currently holds proof of a service connected |
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1 | disability from the United
States Department of Veterans | ||||||
2 | Affairs or an allied country or if the
veteran is a recipient | ||||||
3 | of the Purple Heart.
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4 | (d) A veteran who has served during a time of hostilities | ||||||
5 | with a
foreign country is qualified for a preference of 5 | ||||||
6 | points if the
veteran served under one or more of the following | ||||||
7 | conditions:
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8 | (1) The veteran served a total of at least 6 months, or
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9 | (2) The veteran served for the duration of hostilities | ||||||
10 | regardless of the
length of engagement, or
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11 | (3) The veteran was discharged on the basis of | ||||||
12 | hardship, or
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13 | (4) The veteran was released from active duty because | ||||||
14 | of a service
connected disability and was discharged under | ||||||
15 | honorable conditions.
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16 | (e) A person not eligible for a preference under subsection | ||||||
17 | (c) or (d) is
qualified for a preference of 3 points if the | ||||||
18 | person has served
in the
armed forces of the United States, the | ||||||
19 | Illinois National Guard,
or any reserve component of the armed | ||||||
20 | forces of the United States and the
person: (1) served for at | ||||||
21 | least 6 months and has been discharged under
honorable | ||||||
22 | conditions or (2) has been discharged on the ground of hardship
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23 | or (3) was released from active duty because of a service | ||||||
24 | connected
disability. An active member of the National Guard or | ||||||
25 | a reserve component
of the armed forces of the United States is | ||||||
26 | eligible for the preference if
the member meets the service |
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1 | requirements of this subsection (e).
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2 | (f) The rank order of persons entitled to a preference on | ||||||
3 | eligible
lists shall be determined on the basis of their | ||||||
4 | augmented ratings. When the Executive
Director establishes | ||||||
5 | eligible lists on the basis of category ratings such
as | ||||||
6 | "superior", "excellent", "well-qualified", and "qualified", | ||||||
7 | the veteran
eligibles in each such category shall be preferred | ||||||
8 | for appointment before
the non-veteran eligibles in the same | ||||||
9 | category.
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10 | (g) Employees in positions covered by this Act who, while | ||||||
11 | in good
standing, leave to engage in military service during a | ||||||
12 | period of
hostility, shall be given credit for seniority | ||||||
13 | purposes for time served
in the armed forces.
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14 | (h) A surviving unremarried spouse of a veteran who | ||||||
15 | suffered a
service connected death or the spouse of a veteran | ||||||
16 | who suffered a service
connected disability that prevents the | ||||||
17 | veteran from qualifying for civil
service employment shall be | ||||||
18 | entitled to the same preference to which the
veteran would have | ||||||
19 | been entitled under this Section.
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20 | (i) A preference shall also be given to the following | ||||||
21 | individuals:
10 points for one parent of an unmarried veteran | ||||||
22 | who suffered a service
connected death or a service connected | ||||||
23 | disability that prevents the veteran
from qualifying for civil | ||||||
24 | service employment. The first parent to receive a
civil service | ||||||
25 | appointment shall be the parent entitled to the preference.
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26 | (Source: P.A. 87-796.)
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1 | (110 ILCS 70/36h) (from Ch. 24 1/2, par. 38b7)
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2 | Sec. 36h. Appointment. | ||||||
3 | (1) Whenever an employer covered by the University
System | ||||||
4 | has a position which needs to be filled, this employer shall | ||||||
5 | inform
the Executive Director of the Merit Board. The Director | ||||||
6 | shall then certify to the
employer the names and addresses of | ||||||
7 | the three persons standing highest on
the register for the | ||||||
8 | classification to which the position is assigned. The
employer | ||||||
9 | shall select one of these persons certified for the position | ||||||
10 | and
shall notify the Executive Director of the Merit Board of | ||||||
11 | his selection. If less than
three names appear on the | ||||||
12 | appropriate register, the Director shall certify
the names and | ||||||
13 | addresses of the person or persons on the register. Sex shall
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14 | be disregarded except when the nature of the position requires | ||||||
15 | otherwise.
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16 | (2) All appointments shall be for a probationary period of | ||||||
17 | no less than 6
months and no longer than 12 months for each | ||||||
18 | class of positions in the
classification plan, the length of | ||||||
19 | the probationary period for each class
having been determined | ||||||
20 | by the Executive Director, except that persons first appointed
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21 | to any police department of any university or college covered | ||||||
22 | by the University
System after the effective date of this | ||||||
23 | amendatory Act of 1979, shall be on
probation for 1 year. The | ||||||
24 | service during the probationary period shall be
deemed to be a | ||||||
25 | part of the examination. During the probationary period, the
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1 | employee may be dismissed if the employer determines that the | ||||||
2 | employee has
failed to demonstrate the ability and the | ||||||
3 | qualifications necessary to
furnish satisfactory service. The | ||||||
4 | employer shall notify the Executive Director in
writing of such | ||||||
5 | dismissal. If an employee is not so dismissed during his
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6 | probationary period his appointment shall be deemed complete at | ||||||
7 | the end of the period.
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8 | (3) No person shall be appointed to any police
department | ||||||
9 | of any university or college covered by the University
System | ||||||
10 | unless he possesses a high school diploma or an equivalent
high | ||||||
11 | school education, and unless he is a person of good character | ||||||
12 | and
is not a person who has been convicted of a felony or a | ||||||
13 | crime involving
moral turpitude.
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14 | (Source: P.A. 86-708.)
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15 | (110 ILCS 70/36j) (from Ch. 24 1/2, par. 38b9)
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16 | Sec. 36j. Promotions. The Merit Board shall by rules | ||||||
17 | provide for promotions on the basis of
ability and experience | ||||||
18 | and seniority in service and examination and to
provide in all | ||||||
19 | cases where it is practicable that vacancies will be filled
by | ||||||
20 | promotion. The Merit Board shall by rule fix lines of promotion | ||||||
21 | from
such several offices and places to superior offices or | ||||||
22 | places in all cases
where, in the judgment of the Merit Board, | ||||||
23 | the duties of such several
positions directly tend to fit the | ||||||
24 | incumbent for a superior position.
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25 | Employees promoted in the promotional line shall have their |
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1 | seniority
for the highest position held on the basis of length | ||||||
2 | of service in that
classification. For the next lower | ||||||
3 | classification the employee may add his
seniority in the higher | ||||||
4 | classification to that in the lower to determine
seniority in | ||||||
5 | the lower classification.
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6 | Whenever a superior position in the promotional line in the | ||||||
7 | classified
civil service under the University System is to be | ||||||
8 | filled, the Director
shall certify to the employer, in the | ||||||
9 | order of their seniority, the names
and addresses of the three | ||||||
10 | persons standing highest upon the promotional
register for the | ||||||
11 | class or grade to which said position belongs. The
employer | ||||||
12 | shall appoint one of the three persons whose names were | ||||||
13 | certified
by the Executive Director. Sex shall be disregarded | ||||||
14 | except when the nature of the
position requires otherwise. | ||||||
15 | Appointments to superior positions in the
promotional line | ||||||
16 | shall be on probation for a period of no less than 6
months and | ||||||
17 | no longer than 12 months for each class of positions
in the | ||||||
18 | classification plan, the length of the probationary period | ||||||
19 | having
been determined by the Executive Director. Persons
so | ||||||
20 | appointed may be demoted at any time during the period of | ||||||
21 | probation, if,
in the opinion of the employer, they have failed | ||||||
22 | to demonstrate the ability
and the qualifications necessary to | ||||||
23 | furnish satisfactory service, but shall
not be discharged from | ||||||
24 | the superior position if they have previously
completed a | ||||||
25 | probationary period in an inferior position in the promotional
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26 | line.
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1 | Whenever a person is promoted to a superior position in the | ||||||
2 | promotional
line prior to the completion of the probationary | ||||||
3 | period in
any one of the positions in the classified civil | ||||||
4 | service under the
University System, total service in the | ||||||
5 | inferior position and in all such
superior positions shall be | ||||||
6 | combined to establish certified status and
seniority in the | ||||||
7 | inferior position.
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8 | (Source: P.A. 82-524.)
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9 | (110 ILCS 70/36o) (from Ch. 24 1/2, par. 38b14)
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10 | Sec. 36o. Demotion, removal, and discharge. After the | ||||||
11 | completion of his or her probationary period, no employee shall | ||||||
12 | be
demoted, removed or discharged except for just cause, upon | ||||||
13 | written charges,
and after an opportunity to be heard in his or | ||||||
14 | her own defense if he or she makes a
written request for a | ||||||
15 | hearing to the Merit Board within 15 days after the
serving of | ||||||
16 | the written charges upon him or her. Upon the filing of such a | ||||||
17 | request
for a hearing, the Merit Board shall grant such hearing | ||||||
18 | to be held within
45 days from the date of the service of the | ||||||
19 | demotion, removal or discharge
notice by a hearing board or | ||||||
20 | hearing officer appointed by the Merit Board. The members of | ||||||
21 | the
hearing board or the hearing officer shall be selected from | ||||||
22 | among the members of a panel
established by the Merit Board | ||||||
23 | after consultation with the Advisory
Committee provided in | ||||||
24 | Section 36c. The hearing board or hearing officer shall make | ||||||
25 | and
render findings of facts on the charges and transmit to the |
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1 | Merit Board a
transcript of the evidence along with the hearing | ||||||
2 | board's or hearing officer's findings of fact. The findings of
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3 | the hearing board or hearing officer when approved by the Merit | ||||||
4 | Board shall be certified to
the employer. If cause for | ||||||
5 | demotion, removal or discharge is found, the
employee shall be | ||||||
6 | immediately separated from the service. If cause is not
found, | ||||||
7 | the employee shall forthwith be reassigned to perform the | ||||||
8 | duties of
a position in his or her classification without loss | ||||||
9 | of compensation. In the
course of the hearing, the Executive | ||||||
10 | Director of the Merit Board shall have power to
administer | ||||||
11 | oaths and to secure by subpoena the attendance and testimony of
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12 | witnesses and the production of books and papers relevant to | ||||||
13 | the inquiry.
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14 | The provisions of the Administrative Review Law and all | ||||||
15 | amendments and
modification thereof, and the rules adopted
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16 | pursuant thereto, shall apply to and govern all proceedings for | ||||||
17 | the
judicial review of final administrative decisions of the | ||||||
18 | Merit Board hereby
created. The term "administrative decision" | ||||||
19 | is defined as in Section 3-101
of the Code of Civil Procedure.
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20 | (Source: P.A. 95-113, eff. 8-13-07.)
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21 | (110 ILCS 70/36t new) | ||||||
22 | Sec. 36t. General provisions. | ||||||
23 | (a) Open Meetings Act. The Merit Board, and any committees | ||||||
24 | and subdivisions thereof, shall be subject to all provisions of | ||||||
25 | the Open Meetings Act. The Merit Board is a "public body" |
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1 | within the meaning of that term as set forth in the Open | ||||||
2 | Meetings Act. | ||||||
3 | (b) State Records Act. The Merit Board, and any committees | ||||||
4 | and subdivisions thereof, shall be subject to all provisions of | ||||||
5 | the State Records Act. The Merit Board is an "agency" within | ||||||
6 | the meaning of that term as set forth in the State Records Act. | ||||||
7 | (c) Illinois Administrative Procedure Act. Notwithstanding | ||||||
8 | any provision of law to the contrary, any authority granted to | ||||||
9 | the Merit Board to make and publish rules and regulations is | ||||||
10 | strictly limited to requirements of the Illinois | ||||||
11 | Administrative Procedure Act, and no authority for the Merit | ||||||
12 | Board to make and publish rules and regulations exists outside | ||||||
13 | of the requirements of the Illinois Administrative Procedure | ||||||
14 | Act. The Merit Board is an "agency" within the meaning of that | ||||||
15 | term as set forth in the Illinois Administrative Procedure | ||||||
16 | Act. ".
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