Full Text of HB4569 97th General Assembly
HB4569 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4569 Introduced 2/1/2012, by Rep. Lou Lang SYNOPSIS AS INTRODUCED: |
| 15 ILCS 310/6a | from Ch. 124, par. 106a | 15 ILCS 310/8a | from Ch. 124, par. 108a | 15 ILCS 310/8c | from Ch. 124, par. 108c | 15 ILCS 310/9 | from Ch. 124, par. 109 | 15 ILCS 310/10b.16 | from Ch. 124, par. 110b.16 |
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Amends the Secretary of State Merit Employment Code. Removes a provision granting the Director of Personnel in the Office of the Secretary of State the power to approve all written charges
seeking discharge, demotion, or other disciplinary
measures provided in the Code. Authorizes the Chairman of the Merit Commission to be appointed as an Administrator to oversee the Commission staff and day-to-day operations of the Commission. Provides that, if the Chairman serves as the Administrator of the Commission, then the Secretary of State shall set the Administrator's salary. Provides that, if the Chairman of the Commission serves as the Administrator of the Commission, then he or she is not subject to jurisdictions A, B, and C of the Code. Transfers certain disciplinary powers from the Director of Personnel to the Chairman of the Discipline Committee. Effective immediately.
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Secretary of State Merit Employment Code is | 5 | | amended by changing Sections 6a, 8a, 8c, 9, and 10b.16 as | 6 | | follows:
| 7 | | (15 ILCS 310/6a) (from Ch. 124, par. 106a)
| 8 | | Sec. 6a. Director - powers and duties. The Director shall | 9 | | have the
following
duties and responsibilities:
| 10 | | (1) To apply and carry out this law and the rules adopted | 11 | | hereunder.
| 12 | | (2) To attend meetings of the Commission.
| 13 | | (3) To establish and maintain a roster of all employees | 14 | | subject to this
Act, in which there shall be set forth, as to | 15 | | each employee, the class,
title, pay status, and other | 16 | | pertinent data.
| 17 | | (4) Subject to such exemptions or modifications as may be | 18 | | necessary to
assure the continuity of federal contributions for | 19 | | positions paid from federal
funds, to make appointments to | 20 | | vacancies; to approve all written charges
seeking discharge, | 21 | | demotion, or other disciplinary
measures provided in this Act | 22 | | and to approve transfers of employees from
one geographical | 23 | | area to another in the State.
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| 1 | | (5) To formulate and administer service wide policies and | 2 | | programs for
the improvement of employee effectiveness, | 3 | | including training, safety, health,
incentive recognition, | 4 | | counseling, welfare and employee relations.
| 5 | | (6) To conduct negotiations affecting pay, hours of work, | 6 | | or other working
conditions of employees subject to this Act.
| 7 | | (7) To investigate from time to time the operation and | 8 | | effect of this
law and the rules made thereunder and to report | 9 | | his or her findings and
recommendations to the Commission and | 10 | | the Secretary of State.
| 11 | | (8) To make such reports as he may consider desirable to | 12 | | the Commission and the Secretary of State, or as the
Secretary | 13 | | of
State or Commission may request.
| 14 | | (9) To enter into agreements with professional or | 15 | | educational organizations
or the Illinois State Department of | 16 | | Central Management Services
for the purpose of obtaining | 17 | | professional or technical assistance in the
administration of | 18 | | this Act.
| 19 | | (10) To perform any other lawful acts necessary or | 20 | | desirable 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 | 24 | | Commission shall be
initially appointed as follows:
| 25 | | (1) One member to serve for 2 years and until his successor |
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| 1 | | is appointed;
| 2 | | (2) One member to serve for 4 years and until his successor | 3 | | is appointed;
and
| 4 | | (3) One member to serve for 6 years and until his successor | 5 | | is appointed.
| 6 | | Thereafter, members of the Commission shall be appointed by | 7 | | the Secretary
of State for six year terms with the advice and | 8 | | consent of the Senate.
| 9 | | A member of the Commission shall be appointed as Chairman | 10 | | by the Secretary
of State for a two-year term. The Secretary of | 11 | | State may appoint the Chairman
for consecutive terms. The | 12 | | Chairman may also be appointed as the Administrator responsible | 13 | | for the overseeing the Commission staff and day-to-day | 14 | | operations of the Commission.
| 15 | | The Secretary of State may appoint a person to fill a | 16 | | vacancy occurring
prior to the expiration of a six year term | 17 | | for the remainder of the unexpired
term with the advice and | 18 | | consent 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 | 21 | | Board, whichever is greater,
and other members of the | 22 | | Commission shall be paid $7,500 per annum or an
amount set by | 23 | | the Compensation Review Board, whichever is greater. They
shall | 24 | | be entitled to reimbursement for necessary traveling and other | 25 | | official
expenditures necessitated by their official duties. | 26 | | If the Chairman of the Commission is also appointed as the |
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| 1 | | Administrator of the Commission, the Chairman's salary will be | 2 | | set 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 | 6 | | Commission, in
addition to any other duties prescribed in this | 7 | | Act, shall have the following
duties and powers:
| 8 | | (1) Upon written recommendations by the Director of | 9 | | Personnel, to exempt
from jurisdiction B of this Act positions | 10 | | which, in the judgment of the
Commission, are by their nature | 11 | | highly confidential or involve principal
administrative | 12 | | responsibility for the determination of policy or principal
| 13 | | administrative responsibility for the way in which policies are | 14 | | carried
out. No position which has the powers of a law | 15 | | enforcement officer, except
executive security officers, may | 16 | | be exempted under this section.
| 17 | | (2) To require such special reports from the Director as it | 18 | | may consider
desirable.
| 19 | | (3) To disapprove original rules or any part thereof and | 20 | | any amendment
thereof within 30 calendar days after the | 21 | | submission of such rules to the
Merit Commission by the | 22 | | Director.
| 23 | | (4) To disapprove within 30 calendar days from date of | 24 | | submission the
position classification plan and any revisions | 25 | | thereof 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 | 2 | | allocation of their
positions under the classification plan.
| 3 | | (6) To hear and approve or disapprove written charges filed | 4 | | seeking the
discharge or demotion of employees or suspension | 5 | | totaling more than 30 calendar
days in any 12 month period, as | 6 | | provided in Section 9, appeals as provided
in Section 9a of | 7 | | this Act, and appeals from transfers from one geographical
area | 8 | | in the state to another, and in connection therewith to | 9 | | administer
oaths, subpoena witnesses and compel the production | 10 | | of books and papers.
| 11 | | (7) (Blank).
| 12 | | (8) To make an annual report regarding the work of the | 13 | | Commission to the
Secretary of State, such report to be a | 14 | | public record.
| 15 | | (9) If any violation of this Act is found, the Commission | 16 | | shall direct
compliance in writing.
| 17 | | (10) To appoint such employees, experts and special | 18 | | assistants as may
be necessary to carry out the powers and | 19 | | duties of the commission under
this Act. Employees, experts and | 20 | | special assistants so appointed by the
Commission shall be | 21 | | subject to jurisdictions A, B and C of this Act , except the | 22 | | Chairman of the Commission when serving as the Administrator of | 23 | | the Commission shall not be subject to jurisdictions A, B, and | 24 | | C of this Act .
| 25 | | (11) To promulgate rules and regulations necessary to
carry | 26 | | out and implement their powers and duties
under this Act, with |
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| 1 | | authority to amend such rules from time to time
pursuant to The | 2 | | Illinois Administrative Procedure Act.
| 3 | | (12) Within one year of the effective date of this | 4 | | amendatory Act of 1985,
the Commission shall adopt rules and | 5 | | regulations which shall include all
Commission policies | 6 | | implementing its duties under Sections 8, 9, 10 and 15 of
this | 7 | | Act. These rules and regulations shall include, but not be | 8 | | limited to,
the standards and criteria used by the Commission | 9 | | and Hearing Officers in
making discretionary determinations | 10 | | during hearing procedures.
| 11 | | (13) To hear or conduct investigations as it deems | 12 | | necessary of appeals
of layoff filed by employees appointed | 13 | | under Jurisdiction B after examination,
provided that such | 14 | | appeals are filed within 15 calendar days following the
| 15 | | effective date of such layoff and are made on the basis that | 16 | | the provisions
of the Secretary of State Merit Employment Code | 17 | | or the rules promulgated
thereunder have been violated or have | 18 | | not been complied with. All hearings
shall be public. A | 19 | | decision shall be rendered within 60 days after receipt
of the | 20 | | transcript of the proceedings. The Commission shall order the
| 21 | | reinstatement of the employee if it is proven that the | 22 | | provisions of the
Secretary of State Merit Employment Code or | 23 | | the rules promulgated thereunder
have been violated or have not | 24 | | been complied with. In connection therewith the
Commission may | 25 | | administer oaths, subpoena witnesses, and compel the | 26 | | production
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 | 4 | | officer or employee
under jurisdiction B, relating to merit and | 5 | | fitness, who has been appointed
under the rules and after | 6 | | examination, shall be removed, discharged or demoted,
or | 7 | | suspended for a period of more than 30 calendar days, except | 8 | | for cause, upon written
charges approved by the Chairman of the | 9 | | Discipline Committee Director of Personnel , and after an | 10 | | opportunity
to be heard in his own defense if he makes written | 11 | | request to the Commission
within 15 calendar days after the | 12 | | serving of the written charges upon him.
Upon the receipt of | 13 | | such a request for hearing, the Commission shall grant
a | 14 | | hearing within 30 calendar days. The time and place of the | 15 | | hearing shall
be fixed by the Commission, and due notice | 16 | | thereof shall be given the Chairman of the Discipline Committee | 17 | | Director
of Personnel and the employee. The hearing shall be | 18 | | public, and the officer
or employee is entitled to call | 19 | | witnesses in his own defense and to have
the aid of counsel. | 20 | | The finding of the Commission shall be rendered within 60
| 21 | | calendar days after the receipt of the transcript of the | 22 | | proceedings. If
the finding and decision is not rendered within | 23 | | 60 calendar days after receipt
of the transcript of the | 24 | | proceedings, the employee shall be considered to
be reinstated | 25 | | and shall receive full compensation for the period for which
he |
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| 1 | | was suspended. The finding and decision of the Commission or | 2 | | officer
or board appointed by it to conduct such investigation, | 3 | | when approved by
the Commission, shall be certified to the | 4 | | Director, and shall be forthwith
enforced by the Director. In | 5 | | making its finding and decision, or in approving
the finding | 6 | | and decision of some officer or board appointed by it to | 7 | | conduct
such investigation the Merit Commission may, for | 8 | | disciplinary purposes,
suspend an employee for a period of time | 9 | | not to exceed 90 calendar days,
and in no event to exceed a | 10 | | period of 120 calendar days from the date of
any suspension of | 11 | | such employee, pending investigation of such charges.
If the | 12 | | Commission certifies a decision that an officer or employee is | 13 | | to
be retained in his position and if it does not order a | 14 | | suspension for disciplinary
purposes, the officer or employee | 15 | | shall receive full compensation for any
period during which he | 16 | | was suspended pending the investigation of the charges.
| 17 | | Nothing in this Section shall limit the authority to | 18 | | suspend an employee
for a reasonable period not exceeding 30 | 19 | | calendar 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 | 23 | | of reasons.
For hearing before discharge or demotion with the | 24 | | prior approval of the Chairman of the Discipline Committee
| 25 | | Director of Personnel only for cause after appointment is |
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| 1 | | completed, after
the person to be discharged or demoted has | 2 | | been presented in writing with
the reasons for requesting such | 3 | | discharge or demotion. The statement of
reasons shall be filed | 4 | | immediately with the Director of Personnel.
| 5 | | (Source: P.A. 80-13.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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