SB2159 99TH GENERAL ASSEMBLY

LRB099 12932 NHT 36945 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2159

Introduced 7/14/2015, by Sen. Bill Cunningham

SYNOPSIS AS INTRODUCED:

See Index

Amends various Acts relating to the governance of public universities in Illinois and the Public Community College Act. Sets forth provisions governing employment contracts entered into, amended, renewed, or extended after the effective date of the amendatory Act, excluding collective bargaining agreements. Requires the governing board of a university or community college district to complete an annual performance review of the president and any chancellors of the higher education institution. Provides that such annual performance review must be considered when the board contemplates a bonus, raise, or severance agreement for the president or chancellor.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The University of Illinois Act is amended by adding Sections 90 and 95 as follows:

(110 ILCS 305/90 new)

Sec. 90. Employment contract limitations. This Section applies to employment contracts entered into, amended, renewed, or extended after the effective date of this amendatory Act of the 99th General Assembly. This Section does not apply to collective bargaining agreements. With respect to an employment contract entered into with an employee of the University:

(1) Severance payments or contract buyouts may not occur if there are pending criminal charges against the employee related to his or her employment.

(2) Final action on the formation, renewal, extension, or termination of the employment contract must be made during an open meeting of the Board of Trustees.

(3) 30 days' public notice must be given prior to final action on the formation, renewal, extension, or termination of the employment contract and must include a complete description of the action to be taken and the contract itself, including all addendums or any other documents that change the contract.

(4) Any performance-based bonus to the employee must be approved by the Board of Trustees in an open meeting. The performance review or reviews upon which the bonus is based must be made available to the public no less than 48 hours before Board approval of the performance-based bonus.

(5) Board minutes, board packets, and annual performance reviews concerning the employee must be made available to the public on the University's Internet website.

(6) Performance-based bonus payments that result in an increase in the final rate of earnings under Section 15-112 of the Illinois Pension Code may not be paid with taxpayer or tuition funds.

(110 ILCS 305/95 new)

Sec. 95. Executive accountability. The Board of Trustees must complete an annual performance review of the president and any chancellors of the University. Such annual performance review must be considered when the Board contemplates a bonus, raise, or severance agreement for the president or chancellor.

Section 10. The Southern Illinois University Management Act is amended by adding Sections 75 and 80 as follows:

(110 ILCS 520/75 new)

Sec. 75. Employment contract limitations. This Section applies to employment contracts entered into, amended, renewed, or extended after the effective date of this amendatory Act of the 99th General Assembly. This Section does not apply to collective bargaining agreements. With respect to an employment contract entered into with an employee of the University:

(1) Severance payments or contract buyouts may not occur if there are pending criminal charges against the employee related to his or her employment.

(2) Final action on the formation, renewal, extension, or termination of the employment contract must be made during an open meeting of the Board.

(3) 30 days' public notice must be given prior to final action on the formation, renewal, extension, or termination of the employment contract and must include a complete description of the action to be taken and the contract itself, including all addendums or any other documents that change the contract.

(4) Any performance-based bonus to the employee must be approved by the Board in an open meeting. The performance review or reviews upon which the bonus is based must be made available to the public no less than 48 hours before Board approval of the performance-based bonus.

(5) Board minutes, board packets, and annual performance reviews concerning the employee must be made available to the public on the University's Internet website.

(6) Performance-based bonus payments that result in an increase in the final rate of earnings under Section 15-112 of the Illinois Pension Code may not be paid with taxpayer or tuition funds.

(110 ILCS 520/80 new)

Sec. 80. Executive accountability. The Board must complete an annual performance review of the president and any chancellors of the University. Such annual performance review must be considered when the Board contemplates a bonus, raise, or severance agreement for the president or chancellor.

Section 15. The Chicago State University Law is amended by adding Sections 5-185 and 5-190 as follows:

(110 ILCS 660/5-185 new)

Sec. 5-185. Employment contract limitations. This Section applies to employment contracts entered into, amended, renewed, or extended after the effective date of this amendatory Act of the 99th General Assembly. This Section does not apply to collective bargaining agreements. With respect to an employment contract entered into with an employee of the University:

(1) Severance payments or contract buyouts may not occur if there are pending criminal charges against the employee related to his or her employment.

(2) Final action on the formation, renewal, extension, or termination of the employment contract must be made during an open meeting of the Board.

(3) 30 days' public notice must be given prior to final action on the formation, renewal, extension, or termination of the employment contract and must include a complete description of the action to be taken and the contract itself, including all addendums or any other documents that change the contract.

(4) Any performance-based bonus to the employee must be approved by the Board in an open meeting. The performance review or reviews upon which the bonus is based must be made available to the public no less than 48 hours before Board approval of the performance-based bonus.

(5) Board minutes, board packets, and annual performance reviews concerning the employee must be made available to the public on the University's Internet website.

(6) Performance-based bonus payments that result in an increase in the final rate of earnings under Section 15-112 of the Illinois Pension Code may not be paid with taxpayer or tuition funds.

(110 ILCS 660/5-190 new)

Sec. 5-190. Executive accountability. The Board must complete an annual performance review of the president and any chancellors of the University. Such annual performance review must be considered when the Board contemplates a bonus, raise, or severance agreement for the president or chancellor.

Section 20. The Eastern Illinois University Law is amended by adding Sections 10-185 and 10-190 as follows:

(110 ILCS 665/10-185 new)

Sec. 10-185. Employment contract limitations. This Section applies to employment contracts entered into, amended, renewed, or extended after the effective date of this amendatory Act of the 99th General Assembly. This Section does not apply to collective bargaining agreements. With respect to an employment contract entered into with an employee of the University:

(1) Severance payments or contract buyouts may not occur if there are pending criminal charges against the employee related to his or her employment.

(2) Final action on the formation, renewal, extension, or termination of the employment contract must be made during an open meeting of the Board.

(3) 30 days' public notice must be given prior to final action on the formation, renewal, extension, or termination of the employment contract and must include a complete description of the action to be taken and the contract itself, including all addendums or any other documents that change the contract.

(4) Any performance-based bonus to the employee must be approved by the Board in an open meeting. The performance review or reviews upon which the bonus is based must be made available to the public no less than 48 hours before Board approval of the performance-based bonus.

(5) Board minutes, board packets, and annual performance reviews concerning the employee must be made available to the public on the University's Internet website.

(6) Performance-based bonus payments that result in an increase in the final rate of earnings under Section 15-112 of the Illinois Pension Code may not be paid with taxpayer or tuition funds.

(110 ILCS 665/10-190 new)

Sec. 10-190. Executive accountability. The Board must complete an annual performance review of the president and any chancellors of the University. Such annual performance review must be considered when the Board contemplates a bonus, raise, or severance agreement for the president or chancellor.

Section 25. The Governors State University Law is amended by adding Sections 15-185 and 15-190 as follows:

(110 ILCS 670/15-185 new)

Sec. 15-185. Employment contract limitations. This Section applies to employment contracts entered into, amended, renewed, or extended after the effective date of this amendatory Act of the 99th General Assembly. This Section does not apply to collective bargaining agreements. With respect to an employment contract entered into with an employee of the University:

(1) Severance payments or contract buyouts may not occur if there are pending criminal charges against the employee related to his or her employment.

(2) Final action on the formation, renewal, extension, or termination of the employment contract must be made during an open meeting of the Board.

(3) 30 days' public notice must be given prior to final action on the formation, renewal, extension, or termination of the employment contract and must include a complete description of the action to be taken and the contract itself, including all addendums or any other documents that change the contract.

(4) Any performance-based bonus to the employee must be approved by the Board in an open meeting. The performance review or reviews upon which the bonus is based must be made available to the public no less than 48 hours before Board approval of the performance-based bonus.

(5) Board minutes, board packets, and annual performance reviews concerning the employee must be made available to the public on the University's Internet website.

(6) Performance-based bonus payments that result in an increase in the final rate of earnings under Section 15-112 of the Illinois Pension Code may not be paid with taxpayer or tuition funds.

(110 ILCS 670/15-190 new)

Sec. 15-190. Executive accountability. The Board must complete an annual performance review of the president and any chancellors of the University. Such annual performance review must be considered when the Board contemplates a bonus, raise, or severance agreement for the president or chancellor.

Section 30. The Illinois State University Law is amended by adding Sections 20-190 and 20-195 as follows:

(110 ILCS 675/20-190 new)

Sec. 20-190. Employment contract limitations. This Section applies to employment contracts entered into, amended, renewed, or extended after the effective date of this amendatory Act of the 99th General Assembly. This Section does not apply to collective bargaining agreements. With respect to an employment contract entered into with an employee of the University:

(1) Severance payments or contract buyouts may not occur if there are pending criminal charges against the employee related to his or her employment.

(2) Final action on the formation, renewal, extension, or termination of the employment contract must be made during an open meeting of the Board.

(3) 30 days' public notice must be given prior to final action on the formation, renewal, extension, or termination of the employment contract and must include a complete description of the action to be taken and the contract itself, including all addendums or any other documents that change the contract.

(4) Any performance-based bonus to the employee must be approved by the Board in an open meeting. The performance review or reviews upon which the bonus is based must be made available to the public no less than 48 hours before Board approval of the performance-based bonus.

(5) Board minutes, board packets, and annual performance reviews concerning the employee must be made available to the public on the University's Internet website.

(6) Performance-based bonus payments that result in an increase in the final rate of earnings under Section 15-112 of the Illinois Pension Code may not be paid with taxpayer or tuition funds.

(110 ILCS 675/20-195 new)

Sec. 20-195. Executive accountability. The Board must complete an annual performance review of the president and any chancellors of the University. Such annual performance review must be considered when the Board contemplates a bonus, raise, or severance agreement for the president or chancellor.

Section 35. The Northeastern Illinois University Law is amended by adding Sections 25-185 and 25-190 as follows:

(110 ILCS 680/25-185 new)

Sec. 25-185. Employment contract limitations. This Section applies to employment contracts entered into, amended, renewed, or extended after the effective date of this amendatory Act of the 99th General Assembly. This Section does not apply to collective bargaining agreements. With respect to an employment contract entered into with an employee of the University:

(1) Severance payments or contract buyouts may not occur if there are pending criminal charges against the employee related to his or her employment.

(2) Final action on the formation, renewal, extension, or termination of the employment contract must be made during an open meeting of the Board.

(3) 30 days' public notice must be given prior to final action on the formation, renewal, extension, or termination of the employment contract and must include a complete description of the action to be taken and the contract itself, including all addendums or any other documents that change the contract.

(4) Any performance-based bonus to the employee must be approved by the Board in an open meeting. The performance review or reviews upon which the bonus is based must be made available to the public no less than 48 hours before Board approval of the performance-based bonus.

(5) Board minutes, board packets, and annual performance reviews concerning the employee must be made available to the public on the University's Internet website.

(6) Performance-based bonus payments that result in an increase in the final rate of earnings under Section 15-112 of the Illinois Pension Code may not be paid with taxpayer or tuition funds.

(110 ILCS 680/25-190 new)

Sec. 25-190. Executive accountability. The Board must complete an annual performance review of the president and any chancellors of the University. Such annual performance review must be considered when the Board contemplates a bonus, raise, or severance agreement for the president or chancellor.

Section 40. The Northern Illinois University Law is amended by adding Sections 30-195 and 30-200 as follows:

(110 ILCS 685/30-195 new)

Sec. 30-195. Employment contract limitations. This Section applies to employment contracts entered into, amended, renewed, or extended after the effective date of this amendatory Act of the 99th General Assembly. This Section does not apply to collective bargaining agreements. With respect to an employment contract entered into with an employee of the University:

(1) Severance payments or contract buyouts may not occur if there are pending criminal charges against the employee related to his or her employment.

(2) Final action on the formation, renewal, extension, or termination of the employment contract must be made during an open meeting of the Board.

(3) 30 days' public notice must be given prior to final action on the formation, renewal, extension, or termination of the employment contract and must include a complete description of the action to be taken and the contract itself, including all addendums or any other documents that change the contract.

(4) Any performance-based bonus to the employee must be approved by the Board in an open meeting. The performance review or reviews upon which the bonus is based must be made available to the public no less than 48 hours before Board approval of the performance-based bonus.

(5) Board minutes, board packets, and annual performance reviews concerning the employee must be made available to the public on the University's Internet website.

(6) Performance-based bonus payments that result in an increase in the final rate of earnings under Section 15-112 of the Illinois Pension Code may not be paid with taxpayer or tuition funds.

(110 ILCS 685/30-200 new)

Sec. 30-200. Executive accountability. The Board must complete an annual performance review of the president and any chancellors of the University. Such annual performance review must be considered when the Board contemplates a bonus, raise, or severance agreement for the president or chancellor.

Section 45. The Western Illinois University Law is amended by adding Sections 35-190 and 35-195 as follows:

(110 ILCS 690/35-190 new)

Sec. 35-190. Employment contract limitations. This Section applies to employment contracts entered into, amended, renewed, or extended after the effective date of this amendatory Act of the 99th General Assembly. This Section does not apply to collective bargaining agreements. With respect to an employment contract entered into with an employee of the University:

(1) Severance payments or contract buyouts may not occur if there are pending criminal charges against the employee related to his or her employment.

(2) Final action on the formation, renewal, extension, or termination of the employment contract must be made during an open meeting of the Board.

(3) 30 days' public notice must be given prior to final action on the formation, renewal, extension, or termination of the employment contract and must include a complete description of the action to be taken and the contract itself, including all addendums or any other documents that change the contract.

(4) Any performance-based bonus to the employee must be approved by the Board in an open meeting. The performance review or reviews upon which the bonus is based must be made available to the public no less than 48 hours before Board approval of the performance-based bonus.

(5) Board minutes, board packets, and annual performance reviews concerning the employee must be made available to the public on the University's Internet website.

(6) Performance-based bonus payments that result in an increase in the final rate of earnings under Section 15-112 of the Illinois Pension Code may not be paid with taxpayer or tuition funds.

(110 ILCS 690/35-195 new)

Sec. 35-195. Executive accountability. The Board must complete an annual performance review of the president and any chancellors of the University. Such annual performance review must be considered when the Board contemplates a bonus, raise, or severance agreement for the president or chancellor.

Section 50. The Public Community College Act is amended by adding Sections 3-65, 3-70, and 3-75 as follows:

(110 ILCS 805/3-65 new)

Sec. 3-65. Employment contract limitations. This Section applies to employment contracts entered into, amended, renewed, or extended after the effective date of this amendatory Act of the 99th General Assembly. This Section does not apply to collective bargaining agreements. With respect to an employment contract entered into with an employee of the community college district:

(1) The initial term of the employment contract may not exceed 3 years.

(2) The employment contract may not include any automatic renewal clauses.

(3) Severance payments under the employment contract may not exceed one year's salary and applicable benefits of the employee.

(4) Severance payments or contract buyouts may not occur if there are pending criminal charges against the employee related to his or her employment.

(110 ILCS 805/3-70 new)

Sec. 3-70. Employment contract transparency. This Section applies to employment contracts entered into, amended, renewed, or extended after the effective date of this amendatory Act of the 99th General Assembly. This Section does not apply to collective bargaining agreements. With respect to an employment contract entered into with an employee of the community college district:

(1) Final action on the formation, renewal, extension, or termination of the employment contract must be made during an open meeting of the board.

(2) 30 days' public notice must be given prior to final action on the formation, renewal, extension, or termination of the employment contract and must include a complete description of the action to be taken and the contract itself, including all addendums or any other documents that change the contract.

(3) Any performance-based bonus to the employee must be approved by the board in an open meeting. The performance review or reviews upon which the bonus is based must be made available to the public no less than 48 hours before board approval of the performance-based bonus.

(4) Board minutes, board packets, and annual performance reviews concerning the employee must be made available to the public on the community college district's Internet website.

(110 ILCS 805/3-75 new)

Sec. 3-75. Executive accountability. A board must complete an annual performance review of the president and any chancellors of the community college. Such annual performance review must be considered when the board contemplates a bonus, raise, or severance agreement for the president or chancellor.