98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1222

 

Introduced 1/30/2013, by Sen. Matt Murphy

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 120/2  from Ch. 102, par. 42
55 ILCS 5/5-1100.5 new
60 ILCS 1/80-13 new
65 ILCS 5/3.1-50-30 new
30 ILCS 805/8.37 new

    Amends the Open Meetings Act, the Counties Code, the Township Code, and the Illinois Municipal Code to require that, before the county board, the township board, or the corporate authorities of a municipality may vote on an officer's or employee's increase in earnings that exceeds his or her earnings for the previous calendar year by more than 6%, the county board, the township board, or the corporate authorities shall conduct a public hearing addressing the proposed increase in earnings. Requires publication of notice of the public hearing. Pre-empts home rule powers. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


LRB098 06133 JDS 36174 b

FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB1222LRB098 06133 JDS 36174 b

1    AN ACT concerning local government employees.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Open Meetings Act is amended by changing
5Section 2 as follows:
 
6    (5 ILCS 120/2)  (from Ch. 102, par. 42)
7    Sec. 2. Open meetings.
8    (a) Openness required. All meetings of public bodies shall
9be open to the public unless excepted in subsection (c) and
10closed in accordance with Section 2a.
11    (b) Construction of exceptions. The exceptions contained
12in subsection (c) are in derogation of the requirement that
13public bodies meet in the open, and therefore, the exceptions
14are to be strictly construed, extending only to subjects
15clearly within their scope. The exceptions authorize but do not
16require the holding of a closed meeting to discuss a subject
17included within an enumerated exception.
18    (c) Exceptions. A public body may hold closed meetings to
19consider the following subjects:
20        (1) Except as provided in Section 5-1100.5 of the
21    Counties Code, Section 80-13 of the Township Code, and
22    Section 3.1-50-30 of the Illinois Municipal Code, the The
23    appointment, employment, compensation, discipline,

 

 

SB1222- 2 -LRB098 06133 JDS 36174 b

1    performance, or dismissal of specific employees of the
2    public body or legal counsel for the public body, including
3    hearing testimony on a complaint lodged against an employee
4    of the public body or against legal counsel for the public
5    body to determine its validity.
6        (2) Collective negotiating matters between the public
7    body and its employees or their representatives, or
8    deliberations concerning salary schedules for one or more
9    classes of employees.
10        (3) The selection of a person to fill a public office,
11    as defined in this Act, including a vacancy in a public
12    office, when the public body is given power to appoint
13    under law or ordinance, or the discipline, performance or
14    removal of the occupant of a public office, when the public
15    body is given power to remove the occupant under law or
16    ordinance.
17        (4) Evidence or testimony presented in open hearing, or
18    in closed hearing where specifically authorized by law, to
19    a quasi-adjudicative body, as defined in this Act, provided
20    that the body prepares and makes available for public
21    inspection a written decision setting forth its
22    determinative reasoning.
23        (5) The purchase or lease of real property for the use
24    of the public body, including meetings held for the purpose
25    of discussing whether a particular parcel should be
26    acquired.

 

 

SB1222- 3 -LRB098 06133 JDS 36174 b

1        (6) The setting of a price for sale or lease of
2    property owned by the public body.
3        (7) The sale or purchase of securities, investments, or
4    investment contracts. This exception shall not apply to the
5    investment of assets or income of funds deposited into the
6    Illinois Prepaid Tuition Trust Fund.
7        (8) Security procedures and the use of personnel and
8    equipment to respond to an actual, a threatened, or a
9    reasonably potential danger to the safety of employees,
10    students, staff, the public, or public property.
11        (9) Student disciplinary cases.
12        (10) The placement of individual students in special
13    education programs and other matters relating to
14    individual students.
15        (11) Litigation, when an action against, affecting or
16    on behalf of the particular public body has been filed and
17    is pending before a court or administrative tribunal, or
18    when the public body finds that an action is probable or
19    imminent, in which case the basis for the finding shall be
20    recorded and entered into the minutes of the closed
21    meeting.
22        (12) The establishment of reserves or settlement of
23    claims as provided in the Local Governmental and
24    Governmental Employees Tort Immunity Act, if otherwise the
25    disposition of a claim or potential claim might be
26    prejudiced, or the review or discussion of claims, loss or

 

 

SB1222- 4 -LRB098 06133 JDS 36174 b

1    risk management information, records, data, advice or
2    communications from or with respect to any insurer of the
3    public body or any intergovernmental risk management
4    association or self insurance pool of which the public body
5    is a member.
6        (13) Conciliation of complaints of discrimination in
7    the sale or rental of housing, when closed meetings are
8    authorized by the law or ordinance prescribing fair housing
9    practices and creating a commission or administrative
10    agency for their enforcement.
11        (14) Informant sources, the hiring or assignment of
12    undercover personnel or equipment, or ongoing, prior or
13    future criminal investigations, when discussed by a public
14    body with criminal investigatory responsibilities.
15        (15) Professional ethics or performance when
16    considered by an advisory body appointed to advise a
17    licensing or regulatory agency on matters germane to the
18    advisory body's field of competence.
19        (16) Self evaluation, practices and procedures or
20    professional ethics, when meeting with a representative of
21    a statewide association of which the public body is a
22    member.
23        (17) The recruitment, credentialing, discipline or
24    formal peer review of physicians or other health care
25    professionals for a hospital, or other institution
26    providing medical care, that is operated by the public

 

 

SB1222- 5 -LRB098 06133 JDS 36174 b

1    body.
2        (18) Deliberations for decisions of the Prisoner
3    Review Board.
4        (19) Review or discussion of applications received
5    under the Experimental Organ Transplantation Procedures
6    Act.
7        (20) The classification and discussion of matters
8    classified as confidential or continued confidential by
9    the State Government Suggestion Award Board.
10        (21) Discussion of minutes of meetings lawfully closed
11    under this Act, whether for purposes of approval by the
12    body of the minutes or semi-annual review of the minutes as
13    mandated by Section 2.06.
14        (22) Deliberations for decisions of the State
15    Emergency Medical Services Disciplinary Review Board.
16        (23) The operation by a municipality of a municipal
17    utility or the operation of a municipal power agency or
18    municipal natural gas agency when the discussion involves
19    (i) contracts relating to the purchase, sale, or delivery
20    of electricity or natural gas or (ii) the results or
21    conclusions of load forecast studies.
22        (24) Meetings of a residential health care facility
23    resident sexual assault and death review team or the
24    Executive Council under the Abuse Prevention Review Team
25    Act.
26        (25) Meetings of an independent team of experts under

 

 

SB1222- 6 -LRB098 06133 JDS 36174 b

1    Brian's Law.
2        (26) Meetings of a mortality review team appointed
3    under the Department of Juvenile Justice Mortality Review
4    Team Act.
5        (27) Confidential information, when discussed by one
6    or more members of an elder abuse fatality review team,
7    designated under Section 15 of the Elder Abuse and Neglect
8    Act, while participating in a review conducted by that team
9    of the death of an elderly person in which abuse or neglect
10    is suspected, alleged, or substantiated; provided that
11    before the review team holds a closed meeting, or closes an
12    open meeting, to discuss the confidential information,
13    each participating review team member seeking to disclose
14    the confidential information in the closed meeting or
15    closed portion of the meeting must state on the record
16    during an open meeting or the open portion of a meeting the
17    nature of the information to be disclosed and the legal
18    basis for otherwise holding that information confidential.
19        (28) Correspondence and records (i) that may not be
20    disclosed under Section 11-9 of the Public Aid Code or (ii)
21    that pertain to appeals under Section 11-8 of the Public
22    Aid Code.
23        (29) Meetings between internal or external auditors
24    and governmental audit committees, finance committees, and
25    their equivalents, when the discussion involves internal
26    control weaknesses, identification of potential fraud risk

 

 

SB1222- 7 -LRB098 06133 JDS 36174 b

1    areas, known or suspected frauds, and fraud interviews
2    conducted in accordance with generally accepted auditing
3    standards of the United States of America.
4    (d) Definitions. For purposes of this Section:
5    "Employee" means a person employed by a public body whose
6relationship with the public body constitutes an
7employer-employee relationship under the usual common law
8rules, and who is not an independent contractor.
9    "Public office" means a position created by or under the
10Constitution or laws of this State, the occupant of which is
11charged with the exercise of some portion of the sovereign
12power of this State. The term "public office" shall include
13members of the public body, but it shall not include
14organizational positions filled by members thereof, whether
15established by law or by a public body itself, that exist to
16assist the body in the conduct of its business.
17    "Quasi-adjudicative body" means an administrative body
18charged by law or ordinance with the responsibility to conduct
19hearings, receive evidence or testimony and make
20determinations based thereon, but does not include local
21electoral boards when such bodies are considering petition
22challenges.
23    (e) Final action. No final action may be taken at a closed
24meeting. Final action shall be preceded by a public recital of
25the nature of the matter being considered and other information
26that will inform the public of the business being conducted.

 

 

SB1222- 8 -LRB098 06133 JDS 36174 b

1(Source: P.A. 96-1235, eff. 1-1-11; 96-1378, eff. 7-29-10;
296-1428, eff. 8-11-10; 97-318, eff. 1-1-12; 97-333, eff.
38-12-11; 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876,
4eff. 8-1-12.)
 
5    Section 10. The Counties Code is amended by adding Section
65-1100.5 as follows:
 
7    (55 ILCS 5/5-1100.5 new)
8    Sec. 5-1100.5. Salary increases; public hearing. Before
9the county board may vote on an officer's or employee's
10increase in salary that exceeds his or her salary for the
11previous calendar year by more than 6%, the county board shall
12conduct a public hearing addressing the proposed increase in
13salary. The county board shall cause to be prepared a notice of
14the public hearing stating the date, time, place, and purpose
15of the hearing. The county board shall cause the notice to be
16published in a newspaper of general circulation in the county
17not less than 15 nor more than 30 days before the date of the
18hearing. At the public hearing, all persons desiring to offer
19statements or other evidence in support of or in opposition to
20the proposed increase in salary shall be afforded an
21opportunity to do so orally, in writing, or both, prior to the
22vote on the increase.
23    No county, including a home rule county, may act in a
24manner inconsistent with this Section. This Section is a denial

 

 

SB1222- 9 -LRB098 06133 JDS 36174 b

1and limitation of home rule powers under subsection (i) of
2Section 6 of Article VII of the Illinois Constitution.
 
3    Section 15. The Township Code is amended by adding Section
480-13 as follows:
 
5    (60 ILCS 1/80-13 new)
6    Sec. 80-13. Salary increases; public hearing. Before the
7township board may vote on an officer's or employee's increase
8in salary that exceeds his or her salary for the previous
9calendar year by more than 6%, the township board shall conduct
10a public hearing addressing the proposed increase in salary.
11The township board shall cause to be prepared a notice of the
12public hearing stating the date, time, place, and purpose of
13the hearing. The township board shall cause the notice to be
14published in a newspaper of general circulation in the township
15not less than 15 nor more than 30 days before the date of the
16hearing. At the public hearing, all persons desiring to offer
17statements or other evidence in support of or in opposition to
18the proposed increase in salary shall be afforded an
19opportunity to do so orally, in writing, or both, prior to the
20vote on the increase.
 
21    Section 20. The Illinois Municipal Code is amended by
22adding Section 3.1-50-30 as follows:
 

 

 

SB1222- 10 -LRB098 06133 JDS 36174 b

1    (65 ILCS 5/3.1-50-30 new)
2    Sec. 3.1-50-30. Salary increases; public hearing. Before
3the corporate authorities of a municipality may vote on an
4officer's or employee's increase in salary that exceeds his or
5her salary for the previous calendar year by more than 6%, the
6corporate authorities shall conduct a public hearing
7addressing the proposed increase in salary. The corporate
8authorities shall cause to be prepared a notice of the public
9hearing stating the date, time, place, and purpose of the
10hearing. The corporate authorities shall cause the notice to be
11published in a newspaper of general circulation in the
12municipality not less than 15 nor more than 30 days before the
13date of the hearing. At the public hearing, all persons
14desiring to offer statements or other evidence in support of or
15in opposition to the proposed increase in salary shall be
16afforded an opportunity to do so orally, in writing, or both,
17prior to the vote on the increase.
18    No municipality, including a home rule municipality, may
19act in a manner inconsistent with this Section. This Section is
20a denial and limitation of home rule powers under subsection
21(i) of Section 6 of Article VII of the Illinois Constitution.
 
22    Section 90. The State Mandates Act is amended by adding
23Section 8.37 as follows:
 
24    (30 ILCS 805/8.37 new)

 

 

SB1222- 11 -LRB098 06133 JDS 36174 b

1    Sec. 8.37. Exempt mandate. Notwithstanding Sections 6 and 8
2of this Act, no reimbursement by the State is required for the
3implementation of any mandate created by this amendatory Act of
4the 98th General Assembly.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.