Illinois General Assembly - Full Text of HB2386
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Full Text of HB2386  96th General Assembly


Sen. John M. Sullivan

Filed: 1/5/2011





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2    AMENDMENT NO. ______. Amend House Bill 2386, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The State Universities Civil Service Act is
6amended by changing Sections 36d, 36e, 36g, 36h, 36j, and 36o
7and by adding Section 36t as follows:
8    (110 ILCS 70/36d)  (from Ch. 24 1/2, par. 38b3)
9    Sec. 36d. Powers and duties of the Merit Board.
10    The Merit Board shall have the power and duty-
11    (1) To approve a classification plan prepared under its
12direction, assigning to each class positions of substantially
13similar duties. The Merit Board shall have power to delegate to
14its Executive Director the duty of assigning each position in
15the classified service to the appropriate class in the
16classification plan approved by the Merit Board.



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1    (2) To prescribe the duties of each class of positions and
2the qualifications required by employment in that class.
3    (3) To prescribe the range of compensation for each class
4or to fix a single rate of compensation for employees in a
5particular class; and to establish other conditions of
6employment which an employer and employee representatives have
7agreed upon as fair and equitable. The Merit Board shall direct
8the payment of the "prevailing rate of wages" in those
9classifications in which, on January 1, 1952, any employer is
10paying such prevailing rate and in such other classes as the
11Merit Board may thereafter determine. "Prevailing rate of
12wages" as used herein shall be the wages paid generally in the
13locality in which the work is being performed to employees
14engaged in work of a similar character. Each employer covered
15by the University System shall be authorized to negotiate with
16representatives of employees to determine appropriate ranges
17or rates of compensation or other conditions of employment and
18may recommend to the Merit Board for establishment the rates or
19ranges or other conditions of employment which the employer and
20employee representatives have agreed upon as fair and
21equitable. Any rates or ranges established prior to January 1,
221952, and hereafter, shall not be changed except in accordance
23with the procedures herein provided.
24    (4) To recommend to the institutions and agencies specified
25in Section 36e standards for hours of work, holidays, sick
26leave, overtime compensation and vacation for the purpose of



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1improving conditions of employment covered therein and for the
2purpose of insuring conformity with the prevailing rate
4    (5) To prescribe standards of examination for each class,
5the examinations to be related to the duties of such class. The
6Merit Board shall have power to delegate to the Executive
7Director and his staff the preparation, conduct and grading of
8examinations. Examinations may be written, oral, by statement
9of training and experience, in the form of tests of knowledge,
10skill, capacity, intellect, aptitude; or, by any other method,
11which in the judgment of the Merit Board is reasonable and
12practical for any particular classification. Different
13examining procedures may be determined for the examinations in
14different classifications but all examinations in the same
15classification shall be uniform.
16    (6) To authorize the continuous recruitment of personnel
17and to that end, to delegate to the Executive Director and his
18staff the power and the duty to conduct open and continuous
19competitive examinations for all classifications of
21    (7) To cause to be established from the results of
22examinations registers for each class of positions in the
23classified service of the State Universities Civil Service
24System, of the persons who shall attain the minimum mark fixed
25by the Merit Board for the examination; and such persons shall
26take rank upon the registers as candidates in the order of



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1their relative excellence as determined by examination,
2without reference to priority of time of examination.
3    (8) To provide by its rules for promotions in the
4classified service. Vacancies shall be filled by promotion
5whenever practicable. For the purpose of this paragraph, an
6advancement in class shall constitute a promotion.
7    (9) To set a probationary period of employment of no less
8than 6 months and no longer than 12 months for each class of
9positions in the classification plan, the length of the
10probationary period for each class to be determined by the
12    (10) To provide by its rules for employment at regular
13rates of compensation of physically handicapped persons in
14positions in which the handicap does not prevent the individual
15from furnishing satisfactory service.
16    (11) To make and publish rules, to carry out the purpose of
17the State Universities Civil Service System and for
18examination, appointments, transfers and removals and for
19maintaining and keeping records of the efficiency of officers
20and employees and groups of officers and employees in
21accordance with the provisions of Sections 36b to 36q,
22inclusive, and said Merit Board may from time to time make
23changes in such rules.
24    (12) To appoint a Executive Director and such assistants
25and other clerical and technical help as may be necessary
26efficiently to administer Sections 36b to 36q, inclusive. To



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1authorize the Director to appoint an assistant resident at the
2place of employment of each employer specified in Section 36e
3and this assistant may be authorized to give examinations and
4to certify names from the regional registers provided in
5Section 36k.
6    (13) To submit to the Governor of this state on or before
7November 1 of each year prior to the regular session of the
8General Assembly a report of the University System's business
9and an estimate of the amount of appropriation from state funds
10required for the purpose of administering the University
12(Source: P.A. 82-524.)
13    (110 ILCS 70/36e)  (from Ch. 24 1/2, par. 38b4)
14    Sec. 36e. Coverage. All employees of the Illinois Community
15College Board, State Community College of East St. Louis
16(abolished under Section 2-12.1 of the Public Community College
17Act), Southern Illinois University, Chicago State University,
18Eastern Illinois University, Governors State University,
19Illinois State University, Northeastern Illinois University,
20Northern Illinois University, Western Illinois University,
21University of Illinois, State Universities Civil Service
22System, State Universities Retirement System, the State
23Scholarship Commission, and the Board of Higher Education,
24shall be covered by the University System described in Sections
2536b to 36q, inclusive, of this Act, except the following



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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;
5        (2) The presidents and vice-presidents of each
6    educational institution;
7        (3) Other principal administrative employees of each
8    institution and agency approved as determined by the Merit
9    Board;
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;
19        (5) Students employed under rules prescribed by the
20    Merit Board, without examination or certification.
21(Source: P.A. 89-4, eff. 1-1-96; revised 9-16-10.)
22    (110 ILCS 70/36g)  (from Ch. 24 1/2, par. 38b6)
23    Sec. 36g. For the granting of appropriate preference in
24entrance examinations to qualified persons who have been
25members of the armed forces of the United States or to



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1qualified persons who, while citizens of the United States,
2were members of the armed forces of allies of the United States
3in time of hostilities with a foreign country, and to certain
4other persons as set forth in this Section.
5    (a) As used in this Section:
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.
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
19    shall also be considered service in the Armed Forces of the
20    United States for purposes of this Section.
21    (b) The preference granted under this Section shall be in
22the form of points added to the final grades of the persons if
23they otherwise qualify and are entitled to appear on the list
24of those eligible for appointments.
25    (c) A veteran is qualified for a preference of 10 points if
26the veteran currently holds proof of a service connected



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1disability from the United States Department of Veterans
2Affairs or an allied country or if the veteran is a recipient
3of the Purple Heart.
4    (d) A veteran who has served during a time of hostilities
5with a foreign country is qualified for a preference of 5
6points if the veteran served under one or more of the following
8        (1) The veteran served a total of at least 6 months, or
9        (2) The veteran served for the duration of hostilities
10    regardless of the length of engagement, or
11        (3) The veteran was discharged on the basis of
12    hardship, or
13        (4) The veteran was released from active duty because
14    of a service connected disability and was discharged under
15    honorable conditions.
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
18person has served in the armed forces of the United States, the
19Illinois National Guard, or any reserve component of the armed
20forces of the United States and the person: (1) served for at
21least 6 months and has been discharged under honorable
22conditions or (2) has been discharged on the ground of hardship
23or (3) was released from active duty because of a service
24connected disability. An active member of the National Guard or
25a reserve component of the armed forces of the United States is
26eligible for the preference if the member meets the service



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1requirements of this subsection (e).
2    (f) The rank order of persons entitled to a preference on
3eligible lists shall be determined on the basis of their
4augmented ratings. When the Executive Director establishes
5eligible lists on the basis of category ratings such as
6"superior", "excellent", "well-qualified", and "qualified",
7the veteran eligibles in each such category shall be preferred
8for appointment before the non-veteran eligibles in the same
10    (g) Employees in positions covered by this Act who, while
11in good standing, leave to engage in military service during a
12period of hostility, shall be given credit for seniority
13purposes for time served in the armed forces.
14    (h) A surviving unremarried spouse of a veteran who
15suffered a service connected death or the spouse of a veteran
16who suffered a service connected disability that prevents the
17veteran from qualifying for civil service employment shall be
18entitled to the same preference to which the veteran would have
19been entitled under this Section.
20    (i) A preference shall also be given to the following
21individuals: 10 points for one parent of an unmarried veteran
22who suffered a service connected death or a service connected
23disability that prevents the veteran from qualifying for civil
24service employment. The first parent to receive a civil service
25appointment shall be the parent entitled to the preference.
26(Source: P.A. 87-796.)



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1    (110 ILCS 70/36h)  (from Ch. 24 1/2, par. 38b7)
2    Sec. 36h. Appointment.
3    (1) Whenever an employer covered by the University System
4has a position which needs to be filled, this employer shall
5inform the Executive Director of the Merit Board. The Director
6shall then certify to the employer the names and addresses of
7the three persons standing highest on the register for the
8classification to which the position is assigned. The employer
9shall select one of these persons certified for the position
10and shall notify the Executive Director of the Merit Board of
11his selection. If less than three names appear on the
12appropriate register, the Director shall certify the names and
13addresses of the person or persons on the register. Sex shall
14be disregarded except when the nature of the position requires
16    (2) All appointments shall be for a probationary period of
17no less than 6 months and no longer than 12 months for each
18class of positions in the classification plan, the length of
19the probationary period for each class having been determined
20by the Executive Director, except that persons first appointed
21to any police department of any university or college covered
22by the University System after the effective date of this
23amendatory Act of 1979, shall be on probation for 1 year. The
24service during the probationary period shall be deemed to be a
25part of the examination. During the probationary period, the



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1employee may be dismissed if the employer determines that the
2employee has failed to demonstrate the ability and the
3qualifications necessary to furnish satisfactory service. The
4employer shall notify the Executive Director in writing of such
5dismissal. If an employee is not so dismissed during his
6probationary period his appointment shall be deemed complete at
7the end of the period.
8    (3) No person shall be appointed to any police department
9of any university or college covered by the University System
10unless he possesses a high school diploma or an equivalent high
11school education, and unless he is a person of good character
12and is not a person who has been convicted of a felony or a
13crime involving moral turpitude.
14(Source: P.A. 86-708.)
15    (110 ILCS 70/36j)  (from Ch. 24 1/2, par. 38b9)
16    Sec. 36j. Promotions. The Merit Board shall by rules
17provide for promotions on the basis of ability and experience
18and seniority in service and examination and to provide in all
19cases where it is practicable that vacancies will be filled by
20promotion. The Merit Board shall by rule fix lines of promotion
21from such several offices and places to superior offices or
22places in all cases where, in the judgment of the Merit Board,
23the duties of such several positions directly tend to fit the
24incumbent for a superior position.
25    Employees promoted in the promotional line shall have their



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1seniority for the highest position held on the basis of length
2of service in that classification. For the next lower
3classification the employee may add his seniority in the higher
4classification to that in the lower to determine seniority in
5the lower classification.
6    Whenever a superior position in the promotional line in the
7classified civil service under the University System is to be
8filled, the Director shall certify to the employer, in the
9order of their seniority, the names and addresses of the three
10persons standing highest upon the promotional register for the
11class or grade to which said position belongs. The employer
12shall appoint one of the three persons whose names were
13certified by the Executive Director. Sex shall be disregarded
14except when the nature of the position requires otherwise.
15Appointments to superior positions in the promotional line
16shall be on probation for a period of no less than 6 months and
17no longer than 12 months for each class of positions in the
18classification plan, the length of the probationary period
19having been determined by the Executive Director. Persons so
20appointed may be demoted at any time during the period of
21probation, if, in the opinion of the employer, they have failed
22to demonstrate the ability and the qualifications necessary to
23furnish satisfactory service, but shall not be discharged from
24the superior position if they have previously completed a
25probationary period in an inferior position in the promotional



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1    Whenever a person is promoted to a superior position in the
2promotional line prior to the completion of the probationary
3period in any one of the positions in the classified civil
4service under the University System, total service in the
5inferior position and in all such superior positions shall be
6combined to establish certified status and seniority in the
7inferior position.
8(Source: P.A. 82-524.)
9    (110 ILCS 70/36o)  (from Ch. 24 1/2, par. 38b14)
10    Sec. 36o. Demotion, removal, and discharge. After the
11completion of his or her probationary period, no employee shall
12be demoted, removed or discharged except for just cause, upon
13written charges, and after an opportunity to be heard in his or
14her own defense if he or she makes a written request for a
15hearing to the Merit Board within 15 days after the serving of
16the written charges upon him or her. Upon the filing of such a
17request for a hearing, the Merit Board shall grant such hearing
18to be held within 45 days from the date of the service of the
19demotion, removal or discharge notice by a hearing board or
20hearing officer appointed by the Merit Board. The members of
21the hearing board or the hearing officer shall be selected from
22among the members of a panel established by the Merit Board
23after consultation with the Advisory Committee provided in
24Section 36c. The hearing board or hearing officer shall make
25and render findings of facts on the charges and transmit to the



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1Merit Board a transcript of the evidence along with the hearing
2board's or hearing officer's findings of fact. The findings of
3the hearing board or hearing officer when approved by the Merit
4Board shall be certified to the employer. If cause for
5demotion, removal or discharge is found, the employee shall be
6immediately separated from the service. If cause is not found,
7the employee shall forthwith be reassigned to perform the
8duties of a position in his or her classification without loss
9of compensation. In the course of the hearing, the Executive
10Director of the Merit Board shall have power to administer
11oaths and to secure by subpoena the attendance and testimony of
12witnesses and the production of books and papers relevant to
13the inquiry.
14    The provisions of the Administrative Review Law and all
15amendments and modification thereof, and the rules adopted
16pursuant thereto, shall apply to and govern all proceedings for
17the judicial review of final administrative decisions of the
18Merit Board hereby created. The term "administrative decision"
19is defined as in Section 3-101 of the Code of Civil Procedure.
20(Source: P.A. 95-113, eff. 8-13-07.)
21    (110 ILCS 70/36t new)
22    Sec. 36t. General provisions.
23    (a) Open Meetings Act. The Merit Board, and any committees
24and subdivisions thereof, shall be subject to all provisions of
25the Open Meetings Act. The Merit Board is a "public body"



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1within the meaning of that term as set forth in the Open
2Meetings Act.
3    (b) State Records Act. The Merit Board, and any committees
4and subdivisions thereof, shall be subject to all provisions of
5the State Records Act. The Merit Board is an "agency" within
6the meaning of that term as set forth in the State Records Act.
7    (c) Illinois Administrative Procedure Act. Notwithstanding
8any provision of law to the contrary, any authority granted to
9the Merit Board to make and publish rules and regulations is
10strictly limited to requirements of the Illinois
11Administrative Procedure Act, and no authority for the Merit
12Board to make and publish rules and regulations exists outside
13of the requirements of the Illinois Administrative Procedure
14Act. The Merit Board is an "agency" within the meaning of that
15term as set forth in the Illinois Administrative Procedure