Full Text of HB4569 97th General Assembly
HB4569eng 97TH GENERAL ASSEMBLY |
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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 overseeing the Commission staff and day-to-day operations | 14 | | 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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