|
Sen. William Delgado
Filed: 4/12/2013
| | 09800SB1573sam001 | | LRB098 08810 NHT 44223 a |
|
|
1 | | AMENDMENT TO SENATE BILL 1573
|
2 | | AMENDMENT NO. ______. Amend Senate Bill 1573 by replacing |
3 | | everything after the enacting clause with the following:
|
4 | | "Section 5. The School Code is amended by changing Sections |
5 | | 34-3, 34-4, and 34-13.1 as follows:
|
6 | | (105 ILCS 5/34-3) (from Ch. 122, par. 34-3)
|
7 | | Sec. 34-3. Chicago School Reform Board of Trustees; new |
8 | | Chicago Board of
Education; members; term; vacancies.
|
9 | | (a) Within 30 days after the effective date of this |
10 | | amendatory Act of
1995, the terms of all members of the Chicago |
11 | | Board of Education
holding office on that date are abolished |
12 | | and the Mayor shall appoint,
without the consent or approval of |
13 | | the City Council, a 5 member
Chicago School Reform Board of |
14 | | Trustees which shall take office upon the
appointment of the |
15 | | fifth member. The Chicago School
Reform Board of Trustees and |
16 | | its members
shall serve until, and the terms of all members of |
|
| | 09800SB1573sam001 | - 2 - | LRB098 08810 NHT 44223 a |
|
|
1 | | the Chicago School
Reform Board of Trustees shall expire on, |
2 | | June 30, 1999 or upon the
appointment of a new Chicago Board of |
3 | | Education as provided
in subsection (b), whichever is later. |
4 | | Any vacancy in the membership of
the Trustees shall be filled |
5 | | through appointment by the Mayor,
without the consent or |
6 | | approval of the City Council, for the unexpired term.
One of |
7 | | the members appointed by the Mayor to the Trustees shall
be |
8 | | designated by the Mayor to serve as President of the Trustees. |
9 | | The
Mayor shall appoint a full-time, compensated
chief |
10 | | executive officer, and his or her compensation as such chief |
11 | | executive
officer shall be determined by the Mayor. The Mayor, |
12 | | at his or her discretion,
may appoint the President to serve |
13 | | simultaneously as the chief executive
officer.
|
14 | | (b) This subsection (b) applies until April 21, 2015. |
15 | | Within 30 days before the expiration of the terms of the |
16 | | members of
the Chicago Reform Board of Trustees as provided in |
17 | | subsection (a), a new
Chicago Board of Education consisting of |
18 | | 7 members shall be appointed by the
Mayor to take office on the |
19 | | later of July 1, 1999 or the appointment of the
seventh member. |
20 | | Three of the members initially so appointed under this
|
21 | | subsection shall serve for terms ending June 30, 2002, 4 of the |
22 | | members
initially so appointed under this subsection shall |
23 | | serve for terms ending
June 30, 2003, and each member initially |
24 | | so appointed shall continue to hold
office until his or her |
25 | | successor is appointed and qualified. Thereafter at
the |
26 | | expiration of the term of any member a successor
shall be |
|
| | 09800SB1573sam001 | - 3 - | LRB098 08810 NHT 44223 a |
|
|
1 | | appointed by the Mayor and shall hold office for a term of 4 |
2 | | years,
from July 1 of the year in which the term commences and |
3 | | until a successor
is appointed and qualified. Any vacancy in |
4 | | the membership of the Chicago Board
of Education shall be |
5 | | filled through appointment by the Mayor for the
unexpired term. |
6 | | No appointment to membership on the
Chicago Board of Education |
7 | | that is made by the Mayor under
this subsection shall require |
8 | | the approval of the City
Council, whether the appointment is |
9 | | made for a full term or to fill a vacancy
for an unexpired term |
10 | | on the Board. |
11 | | (b-5) On April 21, 2015, the terms of all members of the |
12 | | Chicago Board of Education appointed under subsection (b) of |
13 | | this Section are abolished when the new board, consisting of 7 |
14 | | members, is elected at large by the electors of the school |
15 | | district as provided in this subsection (b-5) and takes office. |
16 | | Beginning on April 21, 2015, the school district shall be |
17 | | governed by a school board consisting of 7 members. An election |
18 | | shall be held at the consolidated election in April of 2015 and |
19 | | every second year thereafter. Each member shall be elected for |
20 | | a term of 4 years, commencing on the second Tuesday in April of |
21 | | the year in which the member is elected, and until the member's |
22 | | successor is elected and has qualified, except that members of |
23 | | the board elected to terms commencing on April 21, 2015 shall |
24 | | organize on the date their terms commence, and on that date |
25 | | shall determine by lot 4 to serve for terms of 4 years and 3 to |
26 | | serve for terms of 2 years. |
|
| | 09800SB1573sam001 | - 4 - | LRB098 08810 NHT 44223 a |
|
|
1 | | On April 21, 2015 and within 28 days after each |
2 | | consolidated election thereafter, the board shall organize by |
3 | | electing its officers and fixing a time and place for the |
4 | | regular meetings. Upon organizing itself as provided in this |
5 | | subsection (b-5), the board shall enter upon the discharge of |
6 | | its duties. |
7 | | Nomination papers filed under this Section are not valid |
8 | | unless the candidate named therein files with the secretary of |
9 | | the board or with a person designated by the board to receive |
10 | | nominating petitions a receipt
from the county clerk showing |
11 | | that the candidate has filed a statement of
economic interests |
12 | | as required by the Illinois Governmental Ethics Act. The |
13 | | receipt shall be so filed either previously during the calendar |
14 | | year
in which the nomination papers were filed or within the |
15 | | period for the filing of nomination papers in accordance with |
16 | | the general election law. |
17 | | Whenever a vacancy in the board occurs, the remaining |
18 | | members of the board shall notify the Mayor of that vacancy |
19 | | within 5 days after its occurrence and shall proceed to fill |
20 | | the vacancy until the next regular school election, at which |
21 | | election a successor shall be elected to serve the
remainder of |
22 | | the unexpired term. However, if the vacancy occurs with less |
23 | | than 28 months remaining in the term or if the vacancy occurs |
24 | | less than 88 days before the next regular school election, then |
25 | | the person so appointed shall serve the remainder of the |
26 | | unexpired term, and no election to fill the vacancy shall be |
|
| | 09800SB1573sam001 | - 5 - | LRB098 08810 NHT 44223 a |
|
|
1 | | held. The successor shall have the same residential and other |
2 | | qualifications as his or her predecessor. Should the remaining |
3 | | board members fail so to act within 45 days after the vacancy |
4 | | occurs, the Mayor shall within 30 days after the
remaining |
5 | | members have failed to fill the vacancy, fill the vacancy as
|
6 | | provided for herein. Upon the Mayor's failure to fill the
|
7 | | vacancy, the vacancy shall be filled at the next regular school
|
8 | | election. The successor shall have the same residential and |
9 | | other
qualifications as his or her predecessor. |
10 | | (b-10) The board shall elect annually from its
number a |
11 | | president and vice-president, in such
manner and at such
time |
12 | | as the board determines by its rules. The officers so elected |
13 | | shall each
perform the duties imposed upon their respective |
14 | | office by the rules of the
board, provided that (i) the |
15 | | president shall preside at meetings of the board
and vote as |
16 | | any other member but have no power of veto, and (ii) the vice
|
17 | | president shall perform the duties of the president if that |
18 | | office is vacant or
the president is absent or unable to act.
|
19 | | The secretary of the Board shall be selected by the Board and |
20 | | shall be an
employee of the Board rather than a member of the |
21 | | Board, notwithstanding
subsection (d) of Section 34-3.3. The |
22 | | duties of the secretary shall be
imposed by the rules of the |
23 | | Board.
|
24 | | (c) The board may appoint a student to the board to serve |
25 | | in an advisory capacity. The student member shall serve for a |
26 | | term as determined by the board. The board may not grant the |
|
| | 09800SB1573sam001 | - 6 - | LRB098 08810 NHT 44223 a |
|
|
1 | | student member any voting privileges, but shall consider the |
2 | | student member as an advisor. The student member may not |
3 | | participate in or attend any executive session of the board.
|
4 | | (Source: P.A. 94-231, eff. 7-14-05.)
|
5 | | (105 ILCS 5/34-4) (from Ch. 122, par. 34-4)
|
6 | | Sec. 34-4. Eligibility. To be eligible for election |
7 | | appointment to the board, a
person shall be a citizen of the |
8 | | United States, shall be a registered voter
as provided in the |
9 | | Election Code, shall have been a resident of the city for at
|
10 | | least 3 years immediately
preceding his or her election |
11 | | appointment , and shall not be a child sex offender
as defined |
12 | | in Section 11-9.3 of the
Criminal Code of 2012. Permanent |
13 | | removal from the city by any member of
the board during his |
14 | | term of office constitutes a resignation therefrom and
creates |
15 | | a vacancy in the board. Except for the President of the Chicago
|
16 | | School Reform Board of Trustees who may be paid compensation |
17 | | for his or her
services as chief executive officer as |
18 | | determined by the Mayor as provided in
subsection (a) of |
19 | | Section 34-3, board members shall serve without any
|
20 | | compensation; provided, that board members shall be reimbursed |
21 | | for expenses
incurred while in the performance of their duties |
22 | | upon submission of proper
receipts or upon submission of a |
23 | | signed voucher in the case of an expense
allowance evidencing |
24 | | the amount of such reimbursement or allowance to the
president |
25 | | of the board for verification and approval. The board of
|
|
| | 09800SB1573sam001 | - 7 - | LRB098 08810 NHT 44223 a |
|
|
1 | | education may continue to provide health care insurance |
2 | | coverage, employer
pension contributions, employee pension |
3 | | contributions, and life insurance
premium payments for an |
4 | | employee required to resign from
an administrative, teaching, |
5 | | or career service position in order to qualify
as a member of |
6 | | the board of education. They shall not hold other public
office |
7 | | under the Federal, State or any local government other than |
8 | | that of
Director of the Regional Transportation Authority, |
9 | | member of the economic
development commission of a city having |
10 | | a population exceeding 500,000,
notary public or member of the |
11 | | National Guard, and by accepting any such
office while members |
12 | | of the board, or by not resigning any such office held
at the |
13 | | time of being elected appointed to the board within 30 days |
14 | | after such election
appointment , shall be deemed to have |
15 | | vacated their membership in the board.
|
16 | | (Source: P.A. 97-1150, eff. 1-25-13.)
|
17 | | (105 ILCS 5/34-13.1)
|
18 | | Sec. 34-13.1. Inspector General.
|
19 | | (a) The Inspector General and his office in existence on |
20 | | the effective date
of this amendatory Act of 1995 shall be |
21 | | transferred to the jurisdiction of the
board upon appointment |
22 | | of the Chicago School Reform Board of Trustees. The
Inspector |
23 | | General shall have the authority
to conduct investigations into |
24 | | allegations of or incidents of waste, fraud, and
financial |
25 | | mismanagement in public education within the jurisdiction of |
|
| | 09800SB1573sam001 | - 8 - | LRB098 08810 NHT 44223 a |
|
|
1 | | the
board by a local school council
member or an
employee, |
2 | | contractor, or member of the board or involving
school projects
|
3 | | managed or handled by the Public Building Commission. The |
4 | | Inspector General
shall make recommendations to the board about |
5 | | the
investigations.
The Inspector General in office on the |
6 | | effective date of this amendatory Act
of 1996 shall serve for a |
7 | | term expiring on June 30, 1998. His or her
successors in office |
8 | | shall each be appointed by the Mayor, without the consent
or |
9 | | approval of the City Council, for 4 year terms expiring on June |
10 | | 30th of an
even numbered year ; however, beginning on April 21, |
11 | | 2015, successors shall be appointed by the board instead of the |
12 | | Mayor .
If the Inspector General leaves office or if a vacancy |
13 | | in that office otherwise occurs, the
Mayor shall appoint, |
14 | | without the consent or
approval of the City Council, a |
15 | | successor to serve under this Section for the
remainder of the |
16 | | unexpired term ; however, beginning on April 21, 2015, |
17 | | successors shall be appointed by the board instead of the |
18 | | Mayor . The
Inspector General shall be independent of the |
19 | | operations of the board and
the School Finance Authority, and |
20 | | shall perform other duties requested by the
board.
|
21 | | (b) The Inspector General shall have access to all
|
22 | | information and personnel necessary to perform the duties of |
23 | | the
office. If the Inspector General determines that a possible
|
24 | | criminal act has been committed or that special expertise is
|
25 | | required in the investigation, he or she shall immediately |
26 | | notify
the Chicago Police Department and the Cook County |
|
| | 09800SB1573sam001 | - 9 - | LRB098 08810 NHT 44223 a |
|
|
1 | | State's
Attorney. All investigations conducted by the |
2 | | Inspector General
shall be conducted in a manner that ensures |
3 | | the preservation of
evidence for use in criminal prosecutions.
|
4 | | (c) At all times the Inspector General shall be granted
|
5 | | access to any building or facility that is owned, operated, or
|
6 | | leased by the board, the Public Building Commission, or the
|
7 | | city in trust
and for the use and benefit of the schools of the |
8 | | district.
|
9 | | (d) The Inspector General shall have the power to subpoena
|
10 | | witnesses and compel the production of books and papers |
11 | | pertinent
to an investigation authorized by this Code. Any |
12 | | person who (1)
fails to appear in response to a subpoena; (2) |
13 | | fails to answer
any question; (3) fails to produce any books or |
14 | | papers pertinent
to an investigation under this Code; or (4) |
15 | | knowingly gives
false testimony during an investigation under |
16 | | this Code, is
guilty of a Class A misdemeanor.
|
17 | | (e) The Inspector General shall provide to the board and
|
18 | | the Illinois General Assembly a summary of reports and
|
19 | | investigations made under this Section for the previous fiscal
|
20 | | year no later than January 1 of each year, except that the |
21 | | Inspector General
shall provide the summary of reports and |
22 | | investigations made under this Section
for the period |
23 | | commencing July 1, 1998 and ending April 30, 1999 no later than
|
24 | | May 1, 1999. The summaries shall detail the final disposition |
25 | | of those
recommendations. The summaries shall not contain any |
26 | | confidential or
identifying information concerning the |