HB4569 EngrossedLRB097 18176 JDS 63400 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Secretary of State Merit Employment Code is
5amended by changing Sections 6a, 8a, 8c, 9, and 10b.16 as
7    (15 ILCS 310/6a)  (from Ch. 124, par. 106a)
8    Sec. 6a. Director - powers and duties. The Director shall
9have the following duties and responsibilities:
10    (1) To apply and carry out this law and the rules adopted
12    (2) To attend meetings of the Commission.
13    (3) To establish and maintain a roster of all employees
14subject to this Act, in which there shall be set forth, as to
15each employee, the class, title, pay status, and other
16pertinent data.
17    (4) Subject to such exemptions or modifications as may be
18necessary to assure the continuity of federal contributions for
19positions paid from federal funds, to make appointments to
20vacancies; to approve all written charges seeking discharge,
21demotion, or other disciplinary measures provided in this Act
22and to approve transfers of employees from one geographical
23area to another in the State.



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1    (5) To formulate and administer service wide policies and
2programs for the improvement of employee effectiveness,
3including training, safety, health, incentive recognition,
4counseling, welfare and employee relations.
5    (6) To conduct negotiations affecting pay, hours of work,
6or other working conditions of employees subject to this Act.
7    (7) To investigate from time to time the operation and
8effect of this law and the rules made thereunder and to report
9his or her findings and recommendations to the Commission and
10the Secretary of State.
11    (8) To make such reports as he may consider desirable to
12the Commission and the Secretary of State, or as the Secretary
13of State or Commission may request.
14    (9) To enter into agreements with professional or
15educational organizations or the Illinois State Department of
16Central Management Services for the purpose of obtaining
17professional or technical assistance in the administration of
18this Act.
19    (10) To perform any other lawful acts necessary or
20desirable to carry out the purposes and provisions of this law.
21(Source: P.A. 90-372, eff. 7-1-98; 90-422, eff. 8-15-97.)
22    (15 ILCS 310/8a)  (from Ch. 124, par. 108a)
23    Sec. 8a. Terms, compensation. Members of the Merit
24Commission shall be initially appointed as follows:
25    (1) One member to serve for 2 years and until his successor



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1is appointed;
2    (2) One member to serve for 4 years and until his successor
3is appointed; and
4    (3) One member to serve for 6 years and until his successor
5is appointed.
6    Thereafter, members of the Commission shall be appointed by
7the Secretary of State for six year terms with the advice and
8consent of the Senate.
9    A member of the Commission shall be appointed as Chairman
10by the Secretary of State for a two-year term. The Secretary of
11State may appoint the Chairman for consecutive terms. The
12Chairman may also be appointed as the Administrator responsible
13for overseeing the Commission staff and day-to-day operations
14of the Commission.
15    The Secretary of State may appoint a person to fill a
16vacancy occurring prior to the expiration of a six year term
17for the remainder of the unexpired term with the advice and
18consent of the Senate.
19    The salary of the Chairman of the Commission shall be
20$10,000 per annum or an amount set by the Compensation Review
21Board, whichever is greater, and other members of the
22Commission shall be paid $7,500 per annum or an amount set by
23the Compensation Review Board, whichever is greater. They shall
24be entitled to reimbursement for necessary traveling and other
25official expenditures necessitated by their official duties.
26If the Chairman of the Commission is also appointed as the



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1Administrator of the Commission, the Chairman's salary will be
2set by the Secretary.
3(Source: P.A. 84-440.)
4    (15 ILCS 310/8c)  (from Ch. 124, par. 108c)
5    Sec. 8c. Duties and powers of the Commission. The Merit
6Commission, in addition to any other duties prescribed in this
7Act, shall have the following duties and powers:
8    (1) Upon written recommendations by the Director of
9Personnel, to exempt from jurisdiction B of this Act positions
10which, in the judgment of the Commission, are by their nature
11highly confidential or involve principal administrative
12responsibility for the determination of policy or principal
13administrative responsibility for the way in which policies are
14carried out. No position which has the powers of a law
15enforcement officer, except executive security officers, may
16be exempted under this section.
17    (2) To require such special reports from the Director as it
18may consider desirable.
19    (3) To disapprove original rules or any part thereof and
20any amendment thereof within 30 calendar days after the
21submission of such rules to the Merit Commission by the
23    (4) To disapprove within 30 calendar days from date of
24submission the position classification plan and any revisions
25thereof submitted by the Director as provided in the rules.



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1    (5) To hear appeals of employees who do not accept the
2allocation of their positions under the classification plan.
3    (6) To hear and approve or disapprove written charges filed
4seeking the discharge or demotion of employees or suspension
5totaling more than 30 calendar days in any 12 month period, as
6provided in Section 9, appeals as provided in Section 9a of
7this Act, and appeals from transfers from one geographical area
8in the state to another, and in connection therewith to
9administer oaths, subpoena witnesses and compel the production
10of books and papers.
11    (7) (Blank).
12    (8) To make an annual report regarding the work of the
13Commission to the Secretary of State, such report to be a
14public record.
15    (9) If any violation of this Act is found, the Commission
16shall direct compliance in writing.
17    (10) To appoint such employees, experts and special
18assistants as may be necessary to carry out the powers and
19duties of the commission under this Act. Employees, experts and
20special assistants so appointed by the Commission shall be
21subject to jurisdictions A, B and C of this Act, except the
22Chairman of the Commission when serving as the Administrator of
23the Commission shall not be subject to jurisdictions A, B, and
24C of this Act.
25    (11) To promulgate rules and regulations necessary to carry
26out and implement their powers and duties under this Act, with



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1authority to amend such rules from time to time pursuant to The
2Illinois Administrative Procedure Act.
3    (12) Within one year of the effective date of this
4amendatory Act of 1985, the Commission shall adopt rules and
5regulations which shall include all Commission policies
6implementing its duties under Sections 8, 9, 10 and 15 of this
7Act. These rules and regulations shall include, but not be
8limited to, the standards and criteria used by the Commission
9and Hearing Officers in making discretionary determinations
10during hearing procedures.
11    (13) To hear or conduct investigations as it deems
12necessary of appeals of layoff filed by employees appointed
13under Jurisdiction B after examination, provided that such
14appeals are filed within 15 calendar days following the
15effective date of such layoff and are made on the basis that
16the provisions of the Secretary of State Merit Employment Code
17or the rules promulgated thereunder have been violated or have
18not been complied with. All hearings shall be public. A
19decision shall be rendered within 60 days after receipt of the
20transcript of the proceedings. The Commission shall order the
21reinstatement of the employee if it is proven that the
22provisions of the Secretary of State Merit Employment Code or
23the rules promulgated thereunder have been violated or have not
24been complied with. In connection therewith the Commission may
25administer oaths, subpoena witnesses, and compel the
26production of books and papers.



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1(Source: P.A. 90-372, eff. 7-1-98; 90-422, eff. 8-15-97.)
2    (15 ILCS 310/9)  (from Ch. 124, par. 109)
3    Sec. 9. Hearings - disciplinary action. No certified
4officer or employee under jurisdiction B, relating to merit and
5fitness, who has been appointed under the rules and after
6examination, shall be removed, discharged or demoted, or
7suspended for a period of more than 30 calendar days, except
8for cause, upon written charges approved by the Chairman of the
9Discipline Committee Director of Personnel, and after an
10opportunity to be heard in his own defense if he makes written
11request to the Commission within 15 calendar days after the
12serving of the written charges upon him. Upon the receipt of
13such a request for hearing, the Commission shall grant a
14hearing within 30 calendar days. The time and place of the
15hearing shall be fixed by the Commission, and due notice
16thereof shall be given the Chairman of the Discipline Committee
17Director of Personnel and the employee. The hearing shall be
18public, and the officer or employee is entitled to call
19witnesses in his own defense and to have the aid of counsel.
20The finding of the Commission shall be rendered within 60
21calendar days after the receipt of the transcript of the
22proceedings. If the finding and decision is not rendered within
2360 calendar days after receipt of the transcript of the
24proceedings, the employee shall be considered to be reinstated
25and shall receive full compensation for the period for which he



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1was suspended. The finding and decision of the Commission or
2officer or board appointed by it to conduct such investigation,
3when approved by the Commission, shall be certified to the
4Director, and shall be forthwith enforced by the Director. In
5making its finding and decision, or in approving the finding
6and decision of some officer or board appointed by it to
7conduct such investigation the Merit Commission may, for
8disciplinary purposes, suspend an employee for a period of time
9not to exceed 90 calendar days, and in no event to exceed a
10period of 120 calendar days from the date of any suspension of
11such employee, pending investigation of such charges. If the
12Commission certifies a decision that an officer or employee is
13to be retained in his position and if it does not order a
14suspension for disciplinary purposes, the officer or employee
15shall receive full compensation for any period during which he
16was suspended pending the investigation of the charges.
17    Nothing in this Section shall limit the authority to
18suspend an employee for a reasonable period not exceeding 30
19calendar days.
20(Source: P.A. 80-13.)
21    (15 ILCS 310/10b.16)  (from Ch. 124, par. 110b.16)
22    Sec. 10b.16. Discharge or demotion - hearings - statement
23of reasons. For hearing before discharge or demotion with the
24prior approval of the Chairman of the Discipline Committee
25Director of Personnel only for cause after appointment is



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1completed, after the person to be discharged or demoted has
2been presented in writing with the reasons for requesting such
3discharge or demotion. The statement of reasons shall be filed
4immediately with the Director of Personnel.
5(Source: P.A. 80-13.)
6    Section 99. Effective date. This Act takes effect upon
7becoming law.