Full Text of SB1150 97th General Assembly
SB1150sam001 97TH GENERAL ASSEMBLY | Sen. John M. Sullivan Filed: 4/8/2011
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| 1 | | AMENDMENT TO SENATE BILL 1150
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1150 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Universities Civil Service Act is | 5 | | amended by changing Sections 36d, 36e, 36g, 36h, 36j, and 36o | 6 | | and by adding Section 36t as follows:
| 7 | | (110 ILCS 70/36d) (from Ch. 24 1/2, par. 38b3)
| 8 | | Sec. 36d. Powers and duties of the Merit Board.
| 9 | | The Merit Board shall have the power and duty-
| 10 | | (1) To approve a classification plan prepared under its | 11 | | direction,
assigning to each class positions of substantially | 12 | | similar duties. The
Merit Board shall have power to delegate to | 13 | | its Executive Director the duty of
assigning each position in | 14 | | the classified service to the appropriate
class in the | 15 | | classification plan approved by the Merit Board.
| 16 | | (2) To prescribe the duties of each class of positions and |
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| 1 | | the
qualifications required by employment in that class.
| 2 | | (3) To prescribe the range of compensation for each class | 3 | | or to fix
a single rate of compensation for employees in a | 4 | | particular class; and
to establish other conditions of | 5 | | employment which an employer and
employee representatives have | 6 | | agreed upon as fair and equitable. The
Merit Board shall direct | 7 | | the payment of the "prevailing rate of wages"
in those | 8 | | classifications in which, on January 1, 1952, any employer is
| 9 | | paying such prevailing rate and in such other classes as the | 10 | | Merit Board
may thereafter determine. "Prevailing rate of | 11 | | wages" as used herein
shall be the wages paid generally in the | 12 | | locality in which the work is
being performed to employees | 13 | | engaged in work of a similar character.
Each employer covered | 14 | | by the University System shall be authorized to
negotiate with | 15 | | representatives of employees to determine appropriate
ranges | 16 | | or rates of compensation or other conditions of employment and
| 17 | | may recommend to the Merit Board for establishment the rates or | 18 | | ranges
or other conditions of employment which the employer and | 19 | | employee
representatives have agreed upon as fair and | 20 | | equitable. Any rates or
ranges established prior to January 1, | 21 | | 1952, and hereafter, shall not be
changed except in accordance | 22 | | with the procedures herein provided.
| 23 | | (4) To recommend to the institutions and agencies specified | 24 | | in
Section 36e standards for hours of work, holidays, sick | 25 | | leave, overtime
compensation and vacation for the purpose of | 26 | | improving conditions of
employment covered therein and for the |
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| 1 | | purpose of insuring conformity
with the prevailing rate | 2 | | principal.
| 3 | | (5) To prescribe standards of examination for each class, | 4 | | the
examinations to be related to the duties of such class. The | 5 | | Merit Board
shall have power to delegate to the Executive | 6 | | Director and his staff the
preparation, conduct and grading of | 7 | | examinations. Examinations may be
written, oral, by statement | 8 | | of training and experience, in the form of
tests of knowledge, | 9 | | skill, capacity, intellect, aptitude; or, by any
other method, | 10 | | which in the judgment of the Merit Board is reasonable and
| 11 | | practical for any particular classification. Different | 12 | | examining
procedures may be determined for the examinations in | 13 | | different
classifications but all examinations in the same | 14 | | classification shall be
uniform.
| 15 | | (6) To authorize the continuous recruitment of personnel | 16 | | and to that
end, to delegate to the Executive Director and his | 17 | | staff the power and the duty to
conduct open and continuous | 18 | | competitive examinations for all
classifications of | 19 | | employment.
| 20 | | (7) To cause to be established from the results of | 21 | | examinations
registers for each class of positions in the | 22 | | classified service of the
State Universities Civil Service | 23 | | System, of the persons who shall
attain the minimum mark fixed | 24 | | by the Merit Board for the examination;
and such persons shall | 25 | | take rank upon the registers as candidates in the
order of | 26 | | their relative excellence as determined by examination, |
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| 1 | | without
reference to priority of time of examination.
| 2 | | (8) To provide by its rules for promotions in the | 3 | | classified
service. Vacancies shall be filled by promotion | 4 | | whenever practicable.
For the purpose of this paragraph, an | 5 | | advancement in class shall
constitute a promotion.
| 6 | | (9) To set a probationary period of employment of no less | 7 | | than 6 months
and no longer than 12 months for each class of | 8 | | positions in the classification
plan, the length of the | 9 | | probationary period for each class to be determined
by the | 10 | | Director.
| 11 | | (10) To provide by its rules for employment at regular | 12 | | rates of
compensation of physically handicapped persons in | 13 | | positions in which the
handicap does not prevent the individual | 14 | | from furnishing satisfactory
service.
| 15 | | (11) To make and publish rules, to carry out the purpose of | 16 | | the
State Universities Civil Service System and for | 17 | | examination, appointments,
transfers and removals and for | 18 | | maintaining and keeping records of the
efficiency of officers | 19 | | and employees and groups of officers and
employees in | 20 | | accordance with the provisions of Sections 36b to 36q,
| 21 | | inclusive, and said Merit Board may from time to time make | 22 | | changes in
such rules.
| 23 | | (12) To appoint a Executive Director and such assistants | 24 | | and other clerical
and technical help as may be necessary | 25 | | efficiently to administer
Sections 36b to 36q, inclusive. To | 26 | | authorize the Director to appoint an
assistant resident at the |
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| 1 | | place of employment of each employer specified
in Section 36e | 2 | | and this assistant may be authorized to give examinations
and | 3 | | to certify names from the regional registers provided in | 4 | | Section
36k.
| 5 | | (13) To submit to the Governor of this state on or before | 6 | | November 1
of each year prior to the regular session of the | 7 | | General Assembly a
report of the University System's business | 8 | | and an estimate of the amount
of appropriation from state funds | 9 | | required for the purpose of
administering the University | 10 | | System.
| 11 | | (Source: P.A. 82-524.)
| 12 | | (110 ILCS 70/36e) (from Ch. 24 1/2, par. 38b4)
| 13 | | Sec. 36e. Coverage. All employees of the Illinois Community | 14 | | College Board,
State Community College of East St. Louis | 15 | | (abolished under Section 2-12.1 of the Public Community College | 16 | | Act) , Southern Illinois University,
Chicago State University, | 17 | | Eastern Illinois University, Governors State
University, | 18 | | Illinois State University, Northeastern Illinois University,
| 19 | | Northern Illinois University, Western Illinois University,
| 20 | | University of Illinois, State Universities Civil Service | 21 | | System, State
Universities Retirement System, the State | 22 | | Scholarship Commission, and
the Board of Higher Education, | 23 | | shall be covered by the University System
described in Sections | 24 | | 36b to 36q, inclusive, of this Act, except the
following | 25 | | persons:
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| 1 | | (1) the The members and officers of the Merit Board and | 2 | | the board of
trustees, and the commissioners of the | 3 | | institutions and agencies covered
hereunder;
| 4 | | (2) the The presidents and vice-presidents of each | 5 | | educational
institution;
| 6 | | (3) other Other principal administrative employees of | 7 | | each institution and
agency approved as determined by the | 8 | | Merit Board;
| 9 | | (4) the The teaching, research and extension faculties | 10 | | of each
institution and agency; and
| 11 | | (5) students Students employed under rules prescribed | 12 | | by the Merit Board,
without examination or certification.
| 13 | | Notwithstanding the other provisions of this Section, all | 14 | | of the following apply: | 15 | | (A) No position may be exempt under this Section unless | 16 | | the exemption has been reviewed and approved by the Merit | 17 | | Board or by the Executive Director as delegated by the | 18 | | Merit Board. | 19 | | (B) The authority to exempt lies solely with the Merit | 20 | | Board or the Executive Director as delegated by the Merit | 21 | | Board, and such authority shall not be extended to any | 22 | | other employing institution or agency. | 23 | | (C) Adequate advance notice of the intent to propose an | 24 | | exemption must be provided to impacted employees and any | 25 | | labor organization with exclusive bargaining rights for | 26 | | that position and posted in all public places allocated for |
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| 1 | | civil service employment information. | 2 | | (Source: P.A. 89-4, eff. 1-1-96; revised 9-16-10.)
| 3 | | (110 ILCS 70/36g) (from Ch. 24 1/2, par. 38b6)
| 4 | | Sec. 36g.
For the granting of appropriate preference in | 5 | | entrance
examinations to qualified persons who have been | 6 | | members of the armed forces
of the United States or to | 7 | | qualified persons who, while citizens of the
United States, | 8 | | were members of the armed forces of allies of the United
States | 9 | | in time of hostilities with a foreign country, and to certain | 10 | | other
persons as set forth in this Section.
| 11 | | (a) As used in this Section:
| 12 | | (1) "Time of hostilities with a foreign country" means | 13 | | any period of
time in the past, present, or future during | 14 | | which a declaration of war by
the United States Congress | 15 | | has been or is in effect or during which an
emergency | 16 | | condition has been or is in effect that is recognized by | 17 | | the
issuance of a Presidential proclamation or a | 18 | | Presidential executive order
and in which the armed forces | 19 | | expeditionary medal or other campaign service
medals are | 20 | | awarded according to Presidential executive order.
| 21 | | (2) "Armed forces of the United States" means the | 22 | | United States Army,
Navy, Air Force, Marine Corps, Coast | 23 | | Guard. Service in the Merchant Marine
that constitutes | 24 | | active duty under Section 401 of federal Public Law 95-202
| 25 | | shall also be considered service in the Armed Forces of the |
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| 1 | | United States
for purposes of this Section.
| 2 | | (b) The preference granted under this Section shall be in | 3 | | the form of
points added to the final grades of the persons if | 4 | | they otherwise qualify
and are entitled to appear on the list | 5 | | of those eligible for appointments.
| 6 | | (c) A veteran is qualified for a preference of 10 points if | 7 | | the veteran
currently holds proof of a service connected | 8 | | disability from the United
States Department of Veterans | 9 | | Affairs or an allied country or if the
veteran is a recipient | 10 | | of the Purple Heart.
| 11 | | (d) A veteran who has served during a time of hostilities | 12 | | with a
foreign country is qualified for a preference of 5 | 13 | | points if the
veteran served under one or more of the following | 14 | | conditions:
| 15 | | (1) The veteran served a total of at least 6 months, or
| 16 | | (2) The veteran served for the duration of hostilities | 17 | | regardless of the
length of engagement, or
| 18 | | (3) The veteran was discharged on the basis of | 19 | | hardship, or
| 20 | | (4) The veteran was released from active duty because | 21 | | of a service
connected disability and was discharged under | 22 | | honorable conditions.
| 23 | | (e) A person not eligible for a preference under subsection | 24 | | (c) or (d) is
qualified for a preference of 3 points if the | 25 | | person has served
in the
armed forces of the United States, the | 26 | | Illinois National Guard,
or any reserve component of the armed |
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| 1 | | forces of the United States and the
person: (1) served for at | 2 | | least 6 months and has been discharged under
honorable | 3 | | conditions or (2) has been discharged on the ground of hardship
| 4 | | or (3) was released from active duty because of a service | 5 | | connected
disability. An active member of the National Guard or | 6 | | a reserve component
of the armed forces of the United States is | 7 | | eligible for the preference if
the member meets the service | 8 | | requirements of this subsection (e).
| 9 | | (f) The rank order of persons entitled to a preference on | 10 | | eligible
lists shall be determined on the basis of their | 11 | | augmented ratings. When the Executive
Director establishes | 12 | | eligible lists on the basis of category ratings such
as | 13 | | "superior", "excellent", "well-qualified", and "qualified", | 14 | | the veteran
eligibles in each such category shall be preferred | 15 | | for appointment before
the non-veteran eligibles in the same | 16 | | category.
| 17 | | (g) Employees in positions covered by this Act who, while | 18 | | in good
standing, leave to engage in military service during a | 19 | | period of
hostility, shall be given credit for seniority | 20 | | purposes for time served
in the armed forces.
| 21 | | (h) A surviving unremarried spouse of a veteran who | 22 | | suffered a
service connected death or the spouse of a veteran | 23 | | who suffered a service
connected disability that prevents the | 24 | | veteran from qualifying for civil
service employment shall be | 25 | | entitled to the same preference to which the
veteran would have | 26 | | been entitled under this Section.
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| 1 | | (i) A preference shall also be given to the following | 2 | | individuals:
10 points for one parent of an unmarried veteran | 3 | | who suffered a service
connected death or a service connected | 4 | | disability that prevents the veteran
from qualifying for civil | 5 | | service employment. The first parent to receive a
civil service | 6 | | appointment shall be the parent entitled to the preference.
| 7 | | (Source: P.A. 87-796.)
| 8 | | (110 ILCS 70/36h) (from Ch. 24 1/2, par. 38b7)
| 9 | | Sec. 36h. Appointment. | 10 | | (1) Whenever an employer covered by the University
System | 11 | | has a position which needs to be filled, this employer shall | 12 | | inform
the Executive Director of the Merit Board. The Director | 13 | | shall then certify to the
employer the names and addresses of | 14 | | the three persons standing highest on
the register for the | 15 | | classification to which the position is assigned. The
employer | 16 | | shall select one of these persons certified for the position | 17 | | and
shall notify the Executive Director of the Merit Board of | 18 | | his selection. If less than
three names appear on the | 19 | | appropriate register, the Director shall certify
the names and | 20 | | addresses of the person or persons on the register. Sex shall
| 21 | | be disregarded except when the nature of the position requires | 22 | | otherwise.
| 23 | | (2) All appointments shall be for a probationary period of | 24 | | no less than 6
months and no longer than 12 months for each | 25 | | class of positions in the
classification plan, the length of |
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| 1 | | the probationary period for each class
having been determined | 2 | | by the Executive Director, except that persons first appointed
| 3 | | to any police department of any university or college covered | 4 | | by the University
System after the effective date of this | 5 | | amendatory Act of 1979, shall be on
probation for 1 year. The | 6 | | service during the probationary period shall be
deemed to be a | 7 | | part of the examination. During the probationary period, the
| 8 | | employee may be dismissed if the employer determines that the | 9 | | employee has
failed to demonstrate the ability and the | 10 | | qualifications necessary to
furnish satisfactory service. The | 11 | | employer shall notify the Executive Director in
writing of such | 12 | | dismissal. If an employee is not so dismissed during his
| 13 | | probationary period his appointment shall be deemed complete at | 14 | | the end of the period.
| 15 | | (3) No person shall be appointed to any police
department | 16 | | of any university or college covered by the University
System | 17 | | unless he possesses a high school diploma or an equivalent
high | 18 | | school education, and unless he is a person of good character | 19 | | and
is not a person who has been convicted of a felony or a | 20 | | crime involving
moral turpitude.
| 21 | | (Source: P.A. 86-708.)
| 22 | | (110 ILCS 70/36j) (from Ch. 24 1/2, par. 38b9)
| 23 | | Sec. 36j. Promotions. The Merit Board shall by rules | 24 | | provide for promotions on the basis of
ability and experience | 25 | | and seniority in service and examination and to
provide in all |
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| 1 | | cases where it is practicable that vacancies will be filled
by | 2 | | promotion. The Merit Board shall by rule fix lines of promotion | 3 | | from
such several offices and places to superior offices or | 4 | | places in all cases
where, in the judgment of the Merit Board, | 5 | | the duties of such several
positions directly tend to fit the | 6 | | incumbent for a superior position.
| 7 | | Employees promoted in the promotional line shall have their | 8 | | seniority
for the highest position held on the basis of length | 9 | | of service in that
classification. For the next lower | 10 | | classification the employee may add his
seniority in the higher | 11 | | classification to that in the lower to determine
seniority in | 12 | | the lower classification.
| 13 | | Whenever a superior position in the promotional line in the | 14 | | classified
civil service under the University System is to be | 15 | | filled, the Director
shall certify to the employer, in the | 16 | | order of their seniority, the names
and addresses of the three | 17 | | persons standing highest upon the promotional
register for the | 18 | | class or grade to which said position belongs. The
employer | 19 | | shall appoint one of the three persons whose names were | 20 | | certified
by the Executive Director. Sex shall be disregarded | 21 | | except when the nature of the
position requires otherwise. | 22 | | Appointments to superior positions in the
promotional line | 23 | | shall be on probation for a period of no less than 6
months and | 24 | | no longer than 12 months for each class of positions
in the | 25 | | classification plan, the length of the probationary period | 26 | | having
been determined by the Executive Director. Persons
so |
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| 1 | | appointed may be demoted at any time during the period of | 2 | | probation, if,
in the opinion of the employer, they have failed | 3 | | to demonstrate the ability
and the qualifications necessary to | 4 | | furnish satisfactory service, but shall
not be discharged from | 5 | | the superior position if they have previously
completed a | 6 | | probationary period in an inferior position in the promotional
| 7 | | line.
| 8 | | Whenever a person is promoted to a superior position in the | 9 | | promotional
line prior to the completion of the probationary | 10 | | period in
any one of the positions in the classified civil | 11 | | service under the
University System, total service in the | 12 | | inferior position and in all such
superior positions shall be | 13 | | combined to establish certified status and
seniority in the | 14 | | inferior position.
| 15 | | (Source: P.A. 82-524.)
| 16 | | (110 ILCS 70/36o) (from Ch. 24 1/2, par. 38b14)
| 17 | | Sec. 36o. Demotion, removal, and discharge. After the | 18 | | completion of his or her probationary period, no employee shall | 19 | | be
demoted, removed or discharged except for just cause, upon | 20 | | written charges,
and after an opportunity to be heard in his or | 21 | | her own defense if he or she makes a
written request for a | 22 | | hearing to the Merit Board within 15 days after the
serving of | 23 | | the written charges upon him or her. Upon the filing of such a | 24 | | request
for a hearing, the Merit Board shall grant such hearing | 25 | | to be held within
45 days from the date of the service of the |
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| 1 | | demotion, removal or discharge
notice by a hearing board or | 2 | | hearing officer appointed by the Merit Board. The members of | 3 | | the
hearing board or the hearing officer shall be selected from | 4 | | among the members of a panel
established by the Merit Board | 5 | | after consultation with the Advisory
Committee provided in | 6 | | Section 36c. The hearing board or hearing officer shall make | 7 | | and
render findings of facts on the charges and transmit to the | 8 | | Merit Board a
transcript of the evidence along with the hearing | 9 | | board's or hearing officer's findings of fact. The findings of
| 10 | | the hearing board or hearing officer when approved by the Merit | 11 | | Board shall be certified to
the employer. If cause for | 12 | | demotion, removal or discharge is found, the
employee shall be | 13 | | immediately separated from the service. If cause is not
found, | 14 | | the employee shall forthwith be reassigned to perform the | 15 | | duties of
a position in his or her classification without loss | 16 | | of compensation. In the
course of the hearing, the Executive | 17 | | Director of the Merit Board shall have power to
administer | 18 | | oaths and to secure by subpoena the attendance and testimony of
| 19 | | witnesses and the production of books and papers relevant to | 20 | | the inquiry.
| 21 | | The provisions of the Administrative Review Law and all | 22 | | amendments and
modification thereof, and the rules adopted
| 23 | | pursuant thereto, shall apply to and govern all proceedings for | 24 | | the
judicial review of final administrative decisions of the | 25 | | Merit Board hereby
created. The term "administrative decision" | 26 | | is defined as in Section 3-101
of the Code of Civil Procedure.
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| 1 | | (Source: P.A. 95-113, eff. 8-13-07.)
| 2 | | (110 ILCS 70/36t new) | 3 | | Sec. 36t. General provisions. | 4 | | (a) Open Meetings Act. The Merit Board and any committees | 5 | | and subdivisions thereof shall be subject to all provisions of | 6 | | the Open Meetings Act. The Merit Board is a "public body" | 7 | | within the meaning of that term as set forth in the Open | 8 | | Meetings Act. | 9 | | (b) State Records Act. The Merit Board and any committees | 10 | | and subdivisions thereof shall be subject to all provisions of | 11 | | the State Records Act. The Merit Board is an "agency" within | 12 | | the meaning of that term as set forth in the State Records Act. | 13 | | (c) Illinois Administrative Procedure Act. Notwithstanding | 14 | | any provision of law to the contrary, any authority granted to | 15 | | the Merit Board to make and publish rules is strictly limited | 16 | | to the requirements of the Illinois Administrative Procedure | 17 | | Act, and no authority for the Merit Board to make and publish | 18 | | rules exists outside of the requirements of the Illinois | 19 | | Administrative Procedure Act. The Merit Board is an "agency" | 20 | | within the meaning of that term as set forth in the Illinois | 21 | | Administrative Procedure Act. ".
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