Full Text of HB5316 102nd General Assembly
HB5316enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Metropolitan Water Reclamation District Act | 5 | | is amended by changing Section 4 as follows: | 6 | | (70 ILCS 2605/4) (from Ch. 42, par. 323)
| 7 | | Sec. 4. The commissioners elected under this Act | 8 | | constitute a board
of commissioners for the district by which | 9 | | they are elected, which board
of commissioners is the | 10 | | corporate authority of the sanitary district,
and, in addition | 11 | | to all other powers specified in this Act, shall
establish the | 12 | | policies and goals of the sanitary district. The executive | 13 | | director, in addition to all other powers specified in this | 14 | | Act,
shall manage and control all the affairs and property of | 15 | | the sanitary
district and shall regularly report to the Board | 16 | | of Commissioners on the
activities of the sanitary district in | 17 | | executing the policies and goals
established by the board. At | 18 | | the regularly scheduled meeting of odd
numbered years | 19 | | following the induction of new commissioners the board of
| 20 | | commissioners shall elect from its own number a president and | 21 | | a
vice-president to serve in the absence of the president, and | 22 | | the
chairman of the committee on finance. The board shall | 23 | | provide by rule
when a vacancy occurs in the office of the |
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| 1 | | president, vice-president, or
the chairman of the committee on | 2 | | finance and the manner of filling such
vacancy.
| 3 | | The board shall appoint from outside its own number the | 4 | | executive director and treasurer for the district.
| 5 | | The executive director must be a resident of the sanitary
| 6 | | district and a citizen of the United States. He must be | 7 | | selected solely
upon his administrative and technical | 8 | | qualifications and without regard
to his political | 9 | | affiliations.
| 10 | | In the event of illness or other prolonged absence, death | 11 | | or
resignation creating a vacancy in the office of the | 12 | | executive director, or treasurer, the board of commissioners | 13 | | may appoint an
acting officer from outside its own number, to | 14 | | perform the duties and
responsibilities of the office during | 15 | | the term of the absence or
vacancy.
| 16 | | The executive director, with the advice and consent of the | 17 | | board
of commissioners, shall appoint the director of | 18 | | engineering, director of maintenance and operations, director | 19 | | of human resources, director of procurement and materials | 20 | | management, clerk, general counsel, director of monitoring and | 21 | | research, and director of information technology.
These | 22 | | constitute the heads of the Department of Engineering, | 23 | | Maintenance and
Operations, Human Resources, Procurement and | 24 | | Materials Management, Finance, Law, Monitoring and Research, | 25 | | and
Information Technology, respectively. No other departments | 26 | | or heads of
departments may be created without subsequent |
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| 1 | | amendment to this Act. All such
department heads are under the | 2 | | direct supervision of the executive director.
| 3 | | The executive director, with the advice and consent of the | 4 | | board of commissioners, shall appoint a public and | 5 | | intergovernmental affairs officer and an administrative | 6 | | services officer. The public and intergovernmental affairs | 7 | | officer and administrative services officer shall serve under | 8 | | the direct supervision of the executive director. | 9 | | The director of human resources must be qualified under | 10 | | Section 4.2a of
this Act.
| 11 | | The director of procurement and materials management must | 12 | | be selected in accordance with Section
11.16 of this Act.
| 13 | | In the event of illness or other prolonged absence, death | 14 | | or
resignation creating a vacancy in the office of director of | 15 | | engineering, director of maintenance and operations, director | 16 | | of human resources, director of procurement and materials | 17 | | management,
clerk, general counsel, director of monitoring and | 18 | | research, public and intergovernmental affairs officer, | 19 | | administrative services officer, or director
of information | 20 | | technology, the executive director shall appoint an acting
| 21 | | officer to perform the duties and responsibilities of the | 22 | | office during the
term of the absence or vacancy. Any such | 23 | | officers appointed in an acting
capacity are under the direct | 24 | | supervision of the executive director.
| 25 | | All appointive officers and acting officers shall give | 26 | | bond as may be
required by the board.
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| 1 | | The executive director, treasurer, acting executive | 2 | | director,
and acting treasurer hold their offices at the | 3 | | pleasure of the board of
commissioners.
| 4 | | The acting director of engineering, acting director of | 5 | | maintenance and operations, acting director of human | 6 | | resources, acting director of procurement and materials | 7 | | management,
acting clerk, acting general counsel, acting | 8 | | director of monitoring and research, acting public and | 9 | | intergovernmental affairs officer, acting administrative | 10 | | services officer, and acting director of information | 11 | | technology hold their
offices at the pleasure of the executive | 12 | | director.
| 13 | | The director of engineering, director of maintenance and | 14 | | operations, director of human resources, director of | 15 | | procurement and materials management, clerk, general counsel, | 16 | | director of monitoring and research, public and | 17 | | intergovernmental affairs officer, administrative services | 18 | | officer, and director of information technology may be removed
| 19 | | from office for cause by the executive director. Prior to | 20 | | removal, such
officers are entitled to a public hearing before | 21 | | the executive director at
which hearing they may be | 22 | | represented by counsel. Before the hearing, the
executive | 23 | | director shall notify the board of commissioners of the date,
| 24 | | time, place and nature of the hearing.
| 25 | | In addition to the general counsel appointed by the | 26 | | executive director,
the board of commissioners may appoint |
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| 1 | | from outside its own number an
attorney, or retain counsel, to | 2 | | advise the board of commissioners with
respect to its powers | 3 | | and duties and with respect to legal questions and
matters of | 4 | | policy for which the board of commissioners is responsible.
| 5 | | The executive director is the chief administrative officer | 6 | | of the
district, has supervision over and is responsible for | 7 | | all administrative
and operational matters of the sanitary | 8 | | district including the duties of
all employees which are not | 9 | | otherwise designated by law, and is the
appointing authority | 10 | | as specified in Section 4.11 of this Act.
| 11 | | The board of commissioners shall appoint from outside its | 12 | | own number an Inspector General or enter into an | 13 | | intergovernmental agreement with another unit of local | 14 | | government for the appointment of an Inspector General. The | 15 | | board of commissioners shall establish minimum qualifications | 16 | | and duties for the Inspector General by ordinance or | 17 | | intergovernmental agreement. | 18 | | The board, through the budget process, shall set the
| 19 | | compensation of all the officers and employees of the sanitary | 20 | | district.
Any incumbent of the office of president may appoint | 21 | | an administrative aide
which appointment remains in force | 22 | | during his incumbency unless revoked by
the president.
| 23 | | Effective upon the election in January, 1985 of the | 24 | | president and
vice-president of the board of commissioners and | 25 | | the chairman of the
committee on finance, the annual salary of | 26 | | the president shall be $37,500
and shall be increased to |
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| 1 | | $39,500 in January, 1987, $41,500 in January,
1989, $50,000 in | 2 | | January, 1991, and $60,000 in January, 2001; the annual
salary | 3 | | of the vice-president shall be $35,000 and shall be increased | 4 | | to
$37,000 in January, 1987, $39,000 in January, 1989, $45,000 | 5 | | in January,
1991, and $55,000 in January, 2001; the annual | 6 | | salary of the
chairman of the committee on finance shall be | 7 | | $32,500 and shall be
increased to $34,500 in January, 1987, | 8 | | $36,500 in January, 1989,
$45,000 in January, 1991, and | 9 | | $55,000 in January, 2001.
| 10 | | The annual salaries of the other members of the Board | 11 | | shall be as follows:
| 12 | | For the three members elected in November, 1980, | 13 | | $26,500 per annum
for the first two years of the term; | 14 | | $28,000 per annum for the next two
years of the term and | 15 | | $30,000 per annum for the last two years.
| 16 | | For the three members elected in November, 1982, | 17 | | $28,000 per annum
for the first two years of the term and | 18 | | $30,000 per annum thereafter.
| 19 | | For members elected in November, 1984, $30,000 per
| 20 | | annum.
| 21 | | For the three members elected in November, 1986, | 22 | | $32,000 for each of
the first two years of the term, | 23 | | $34,000 for each of the next two years and
$36,000 for the | 24 | | last two years;
| 25 | | For three members elected in November, 1988, $34,000 | 26 | | for each of the
first two years of the term and $36,000 for |
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| 1 | | each year thereafter.
| 2 | | For members elected in November, 1990, 1992, 1994, | 3 | | 1996, or 1998, $40,000.
| 4 | | For members elected in November, 2000 and thereafter, | 5 | | $50,000.
| 6 | | Notwithstanding the other provisions of this Section, the | 7 | | board,
prior to January 1, 2007 and with a two-thirds vote, may | 8 | | increase the annual rate of compensation
at a separate flat | 9 | | amount for each of the following: the president, the | 10 | | vice-president, the chairman of the committee on finance, and | 11 | | the other members; the increased annual rate of compensation | 12 | | shall apply to all such officers and members whose terms as | 13 | | members of the board commence after the increase in | 14 | | compensation is adopted by the board.
| 15 | | The board of commissioners has full power to pass all | 16 | | necessary
ordinances, orders, rules, resolutions and | 17 | | regulations for the proper
management and conduct of the | 18 | | business of the board of commissioners and
the corporation and | 19 | | for carrying into effect the object for which the
sanitary | 20 | | district is formed. All ordinances, orders, rules, resolutions
| 21 | | and regulations passed by the board of commissioners must, | 22 | | before they
take effect, be approved by the president of the | 23 | | board of commissioners.
If he approves thereof, he shall sign | 24 | | them, and such as he does not
approve he shall return to the | 25 | | board of commissioners with his
objections in writing at the | 26 | | next regular meeting of the board of
commissioners occurring |
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| 1 | | after the passage thereof. Such veto may extend
to any one or | 2 | | more items or appropriations contained in any ordinance
making | 3 | | an appropriation, or to the entire ordinance. If the veto | 4 | | extends
to a part of such ordinance, the residue takes effect. | 5 | | If the
president of such board of commissioners fails to | 6 | | return any ordinance,
order, rule, resolution or regulation | 7 | | with his objections thereto in the
time required, he is deemed | 8 | | to have approved it, and it takes effect
accordingly. Upon the | 9 | | return of any ordinance, order, rule, resolution,
or | 10 | | regulation by the president, the vote by which it was passed | 11 | | must be
reconsidered by the board of commissioners, and if | 12 | | upon such
reconsideration two-thirds of all the members agree | 13 | | by yeas and nays to
pass it, it takes effect notwithstanding | 14 | | the president's refusal to
approve thereof.
| 15 | | It is the policy of this State that all powers granted, | 16 | | either expressly
or by necessary implication, by this Act or | 17 | | any other Illinois statute to
the District may be exercised by | 18 | | the District notwithstanding effects on
competition. It is the | 19 | | intention of the
General Assembly that the "State action | 20 | | exemption" to the application of
federal antitrust statutes be | 21 | | fully available to the District to the extent
its activities | 22 | | are authorized by law as stated herein.
| 23 | | (Source: P.A. 98-463, eff. 8-16-13; 99-736, eff. 1-1-17 .)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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