97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3438

 

Introduced 2/7/2012, by Sen. M. Maggie Crotty

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 2605/4  from Ch. 42, par. 323
70 ILCS 2605/4.13  from Ch. 42, par. 323.13

    Amends the Metropolitan Water Reclamation District Act. Provides that the position of public and intergovernmental affairs officer of the Metropolitan Water Reclamation District does not qualify as classified civil service. Further provides that the public and intergovernmental affairs officer shall be appointed by the executive director, and in the invent of illness, prolonged absence, death, or resignation, the executive director of the Metropolitan Water Reclamation District may appoint an acting public and intergovernmental affairs officer to perform the duties of the position. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Metropolitan Water Reclamation District Act
5is amended by changing Sections 4 and 4.13 as follows:
 
6    (70 ILCS 2605/4)  (from Ch. 42, par. 323)
7    Sec. 4. The commissioners elected under this Act constitute
8a board of commissioners for the district by which they are
9elected, which board of commissioners is the corporate
10authority of the sanitary district, and, in addition to all
11other powers specified in this Act, shall establish the
12policies and goals of the sanitary district. The executive
13director, in addition to all other powers specified in this
14Act, shall manage and control all the affairs and property of
15the sanitary district and shall regularly report to the Board
16of Commissioners on the activities of the sanitary district in
17executing the policies and goals established by the board. At
18the regularly scheduled meeting of odd numbered years following
19the induction of new commissioners the board of commissioners
20shall elect from its own number a president and a
21vice-president to serve in the absence of the president, and
22the chairman of the committee on finance. The board shall
23provide by rule when a vacancy occurs in the office of the

 

 

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1president, vice-president, or the chairman of the committee on
2finance and the manner of filling such vacancy.
3    The board shall appoint from outside its own number the
4executive director and treasurer for the district.
5    The executive director must be a resident of the sanitary
6district and a citizen of the United States. He must be
7selected solely upon his administrative and technical
8qualifications and without regard to his political
9affiliations.
10    In the event of illness or other prolonged absence, death
11or resignation creating a vacancy in the office of the
12executive director, or treasurer, the board of commissioners
13may appoint an acting officer from outside its own number, to
14perform the duties and responsibilities of the office during
15the term of the absence or vacancy.
16    The executive director with the advice and consent of the
17board of commissioners, shall appoint the director of
18engineering, director of maintenance and operations, director
19of human resources, director of procurement and materials
20management, clerk, general counsel, director of monitoring and
21research, and director of information technology. These
22constitute the heads of the Department of Engineering,
23Maintenance and Operations, Human Resources, Procurement and
24Materials Management, Finance, Law, Monitoring and Research,
25and Information Technology, respectively. No other departments
26or heads of departments may be created without subsequent

 

 

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1amendment to this Act. All such department heads are under the
2direct supervision of the executive director.
3    The executive director with the advice and consent of the
4board of commissioners, shall appoint a public and
5intergovernmental affairs officer. The public and
6intergovernmental affairs officer shall serve under the direct
7supervision of the executive director.
8    The director of human resources must be qualified under
9Section 4.2a of this Act.
10    The director of procurement and materials management must
11be selected in accordance with Section 11.16 of this Act.
12    In the event of illness or other prolonged absence, death
13or resignation creating a vacancy in the office of director of
14engineering, director of maintenance and operations, director
15of human resources, director of procurement and materials
16management, clerk, general counsel, director of monitoring and
17research, public and intergovernmental affairs officer, or
18director of information technology, the executive director
19shall appoint an acting officer to perform the duties and
20responsibilities of the office during the term of the absence
21or vacancy. Any such officers appointed in an acting capacity
22are under the direct supervision of the executive director.
23    All appointive officers and acting officers shall give bond
24as may be required by the board.
25    The executive director, treasurer, acting executive
26director, and acting treasurer hold their offices at the

 

 

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1pleasure of the board of commissioners.
2    The acting director of engineering, acting director of
3maintenance and operations, acting director of human
4resources, acting director of procurement and materials
5management, acting clerk, acting general counsel, acting
6director of monitoring and research, acting public and
7intergovernmental affairs officer, and acting director of
8information technology hold their offices at the pleasure of
9the executive director.
10    The director of engineering, director of maintenance and
11operations, director of human resources, director of
12procurement and materials management, clerk, general counsel,
13director of monitoring and research, public and
14intergovernmental affairs officer, and director of information
15technology may be removed from office for cause by the
16executive director. Prior to removal, such officers are
17entitled to a public hearing before the executive director at
18which hearing they may be represented by counsel. Before the
19hearing, the executive director shall notify the board of
20commissioners of the date, time, place and nature of the
21hearing.
22    In addition to the general counsel appointed by the
23executive director, the board of commissioners may appoint from
24outside its own number an attorney, or retain counsel, to
25advise the board of commissioners with respect to its powers
26and duties and with respect to legal questions and matters of

 

 

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1policy for which the board of commissioners is responsible.
2    The executive director is the chief administrative officer
3of the district, has supervision over and is responsible for
4all administrative and operational matters of the sanitary
5district including the duties of all employees which are not
6otherwise designated by law, and is the appointing authority as
7specified in Section 4.11 of this Act.
8    The board, through the budget process, shall set the
9compensation of all the officers and employees of the sanitary
10district. Any incumbent of the office of president may appoint
11an administrative aide which appointment remains in force
12during his incumbency unless revoked by the president.
13    Effective upon the election in January, 1985 of the
14president and vice-president of the board of commissioners and
15the chairman of the committee on finance, the annual salary of
16the president shall be $37,500 and shall be increased to
17$39,500 in January, 1987, $41,500 in January, 1989, $50,000 in
18January, 1991, and $60,000 in January, 2001; the annual salary
19of the vice-president shall be $35,000 and shall be increased
20to $37,000 in January, 1987, $39,000 in January, 1989, $45,000
21in January, 1991, and $55,000 in January, 2001; the annual
22salary of the chairman of the committee on finance shall be
23$32,500 and shall be increased to $34,500 in January, 1987,
24$36,500 in January, 1989, $45,000 in January, 1991, and $55,000
25in January, 2001.
26    The annual salaries of the other members of the Board shall

 

 

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1be as follows:
2    For the three members elected in November, 1980, $26,500
3per annum for the first two years of the term; $28,000 per
4annum for the next two years of the term and $30,000 per annum
5for the last two years.
6    For the three members elected in November, 1982, $28,000
7per annum for the first two years of the term and $30,000 per
8annum thereafter.
9    For members elected in November, 1984, $30,000 per annum.
10    For the three members elected in November, 1986, $32,000
11for each of the first two years of the term, $34,000 for each
12of the next two years and $36,000 for the last two years;
13    For three members elected in November, 1988, $34,000 for
14each of the first two years of the term and $36,000 for each
15year thereafter.
16    For members elected in November, 1990, 1992, 1994, 1996, or
171998, $40,000.
18    For members elected in November, 2000 and thereafter,
19$50,000.
20    Notwithstanding the other provisions of this Section, the
21board, prior to January 1, 2007 and with a two-thirds vote, may
22increase the annual rate of compensation at a separate flat
23amount for each of the following: the president, the
24vice-president, the chairman of the committee on finance, and
25the other members; the increased annual rate of compensation
26shall apply to all such officers and members whose terms as

 

 

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1members of the board commence after the increase in
2compensation is adopted by the board.
3    The board of commissioners has full power to pass all
4necessary ordinances, orders, rules, resolutions and
5regulations for the proper management and conduct of the
6business of the board of commissioners and the corporation and
7for carrying into effect the object for which the sanitary
8district is formed. All ordinances, orders, rules, resolutions
9and regulations passed by the board of commissioners must,
10before they take effect, be approved by the president of the
11board of commissioners. If he approves thereof, he shall sign
12them, and such as he does not approve he shall return to the
13board of commissioners with his objections in writing at the
14next regular meeting of the board of commissioners occurring
15after the passage thereof. Such veto may extend to any one or
16more items or appropriations contained in any ordinance making
17an appropriation, or to the entire ordinance. If the veto
18extends to a part of such ordinance, the residue takes effect.
19If the president of such board of commissioners fails to return
20any ordinance, order, rule, resolution or regulation with his
21objections thereto in the time required, he is deemed to have
22approved it, and it takes effect accordingly. Upon the return
23of any ordinance, order, rule, resolution, or regulation by the
24president, the vote by which it was passed must be reconsidered
25by the board of commissioners, and if upon such reconsideration
26two-thirds of all the members agree by yeas and nays to pass

 

 

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1it, it takes effect notwithstanding the president's refusal to
2approve thereof.
3    It is the policy of this State that all powers granted,
4either expressly or by necessary implication, by this Act or
5any other Illinois statute to the District may be exercised by
6the District notwithstanding effects on competition. It is the
7intention of the General Assembly that the "State action
8exemption" to the application of federal antitrust statutes be
9fully available to the District to the extent its activities
10are authorized by law as stated herein.
11(Source: P.A. 94-1069, eff. 11-29-06; 95-923, eff. 1-1-09.)
 
12    (70 ILCS 2605/4.13)  (from Ch. 42, par. 323.13)
13    Sec. 4.13. The following offices and places of employment,
14insofar as there are or may be such in the sanitary district,
15shall not be included within the classified civil service: All
16elective officers, the director of human resources, the clerk,
17treasurer, director of engineering, general counsel, executive
18director, director of maintenance and operations, director of
19procurement and materials management, director of monitoring
20and research, director of information technology, public and
21intergovernmental affairs officer, and secretary and
22administrative aide to the president of the board of trustees,
23members of the civil service board and special examiners
24appointed by the civil service board and the secretaries to the
25officers and individual trustees, and those employed for

 

 

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1periods not exceeding 5 years under any apprentice program,
2training or intern programs funded wholly or in part by grants
3from the State of Illinois or the United States of America.
4Further, apprentices in a sanitary district apprenticeship
5program for the trades shall not be included within the
6classified civil service. Entry into a sanitary district
7apprenticeship program for the trades shall be by lottery.
8Graduates of a sanitary district apprenticeship program for the
9trades shall be given additional points, in an amount to be
10determined by the Director of Human Resources, on examinations
11for civil service journeymen positions in the trades at the
12sanitary district.
13(Source: P.A. 95-923, eff. 1-1-09.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.