Full Text of SB1724 99th General Assembly
SB1724 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB1724 Introduced 2/20/2015, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: |
| 110 ILCS 70/36c | from Ch. 24 1/2, par. 38b2 | 110 ILCS 70/36d | from Ch. 24 1/2, par. 38b3 | 110 ILCS 70/36e | from Ch. 24 1/2, par. 38b4 | 110 ILCS 70/36t new | |
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Amends the State Universities Civil Service Act. Terminates the terms of members of the University Civil Service Merit Board and provides for appointment by the Governor instead, with 4 members who are exempt employees of the various State universities, 4 members who are current full-time civil service employees of the various State universities, and 3 members who are representative citizens and who are not current or former employees or current or former members of the Boards of Trustees of a State university. Makes other changes concerning the Merit Board. Provides for the appointment of an Executive Director instead of a Director. Authorizes the Executive Director to appoint a Designated Employer Representative (now, assistant resident) at the place of employment of each specified employer. Makes changes concerning exemptions under the State Universities Civil Service System. Requires the Merit Board to be subject to the Open Meetings Act, the State Records Act, the Illinois Administrative Procedure Act, and the State Officials and Employees Ethics Act.
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| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Universities Civil Service Act is | 5 | | amended by changing Sections 36c, 36d, and 36e and by adding | 6 | | Section 36t as follows:
| 7 | | (110 ILCS 70/36c) (from Ch. 24 1/2, par. 38b2)
| 8 | | Sec. 36c. The Merit Board merit board . | 9 | | (a) For purposes of this Section, "State University" means | 10 | | the University of Illinois, Southern Illinois University, | 11 | | Chicago State University, Eastern Illinois University, | 12 | | Governors State University, Illinois State University, | 13 | | Northeastern Illinois University, Northern Illinois | 14 | | University, and Western Illinois University. | 15 | | (b) The Merit Board shall be composed of 11 members as | 16 | | follows: , 3
of whom shall be members of the Board of Trustees | 17 | | of the University of
Illinois, one of whom | 18 | | (1) Four Merit Board members shall be appointed by the | 19 | | Governor, from a list of employees of the various State | 20 | | Universities under the jurisdiction of the Merit Board who | 21 | | are considered exempt from the provisions contained in this | 22 | | Act in accordance with subdivisions (2), (3), and (4) of | 23 | | subsection (a) of Section 36e of this Act. The a member of |
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| 1 | | the Board of Trustees of each State University shall submit | 2 | | the name of one of its exempt employees for consideration | 3 | | by the Governor. In this respect, Merit Board appointments | 4 | | shall take into consideration the geographic diversity of | 5 | | the University System. These appointments are subject to | 6 | | the advice and consent of the Senate. Each individual State | 7 | | University shall have no more than one member appointed to | 8 | | the Merit Board in this fashion. The University System | 9 | | shall collect the recommendations submitted in this | 10 | | fashion and submit them to the Governor for consideration | 11 | | and appointment. of Southern
Illinois University, one of | 12 | | whom shall be a member of the Board of Trustees
of Chicago | 13 | | State University, one of whom shall be a member of the | 14 | | Board of
Trustees of Eastern Illinois University, one of | 15 | | whom shall be a member of the
Board of Trustees of | 16 | | Governors State University, one of whom shall be a member
| 17 | | of the Board of Trustees of Illinois State University, one | 18 | | of whom shall be a
member of the Board of Trustees of | 19 | | Northeastern Illinois University, one of
whom shall be a | 20 | | member of the Board of Trustees of Northern Illinois
| 21 | | University, and one of whom shall be a member of the Board | 22 | | of Trustees of
Western Illinois University. The 7 new | 23 | | members required to be elected to
the Merit Board by their | 24 | | respective Boards of Trustees shall replace the 2
persons | 25 | | who, until the effective date of this amendatory Act of | 26 | | 1995, served as
members of the Merit Board elected from the |
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| 1 | | Board of Governors of State
Colleges and Universities and | 2 | | the Board of Regents; and the terms of the
members elected | 3 | | to the Merit Board from the Board of Governors of State
| 4 | | Colleges and Universities and the Board of Regents shall | 5 | | terminate on the
effective date of this amendatory Act of | 6 | | 1995. The members of the Merit Board
shall be elected by | 7 | | the respective Boards in which they hold membership and
| 8 | | they shall serve at the pleasure of the electing Boards.
| 9 | | (2) Four Merit Board members shall be appointed by the | 10 | | Governor from current full-time civil service employees of | 11 | | the various State Universities under the jurisdiction of | 12 | | the Merit Board. Qualified employees interested in such | 13 | | appointment shall submit nominating petitions to the | 14 | | University System. The University System shall submit | 15 | | these names and nominating petitions to the Governor for | 16 | | consideration and appointment. In this respect, Merit | 17 | | Board appointments shall take into consideration the | 18 | | geographic diversity of the University System. Each | 19 | | individual State University shall have no more than one | 20 | | member appointed to the Merit Board in this fashion. These | 21 | | appointments are subject to the advice and consent of the | 22 | | Senate. | 23 | | (3) Three Merit Board members shall be appointed by the | 24 | | Governor who are representative citizens and who are not | 25 | | current or former employees or current or former members of | 26 | | the Boards of Trustees of a State University. One member of |
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| 1 | | this group shall be designated by the Governor as the | 2 | | Chairperson of the Merit Board. These appointments are | 3 | | subject to the advice and consent of the Senate. | 4 | | (c) Members of the Merit Board shall serve 4-year terms; | 5 | | however, 2 members initially appointed under subdivision (1) of | 6 | | subsection (b) of this Section shall be appointed for an | 7 | | initial term of 2 years, 2 members initially appointed under | 8 | | subdivision (2) of subsection (b) of this Section shall be | 9 | | appointed for an initial term of 2 years, and 2 members | 10 | | initially appointed under subdivision (3) of subsection (b) of | 11 | | this Section shall be appointed for an initial term of 2 years, | 12 | | and thereafter appointed for a 4-year term. | 13 | | (d) No member of the Merit Board who is serving on the | 14 | | effective date of this amendatory Act of the 99th General | 15 | | Assembly shall continue in office after 30 calendar days from | 16 | | the effective date of this amendatory Act of the 99th General | 17 | | Assembly. After 30 calendar days from the effective date of | 18 | | this amendatory Act of the 99th General Assembly, all such | 19 | | appointments to the Merit Board shall be considered vacant and | 20 | | subject to the provisions provided in this amendatory Act of | 21 | | the 99th General Assembly. | 22 | | (e) All members of the Merit Board shall serve without | 23 | | compensation but
shall be reimbursed for any traveling expenses | 24 | | incurred in attending
meetings of the Merit Board. Merit Board | 25 | | members as appointed under subdivisions (1) and (2) of | 26 | | subsection (b) of this Section shall maintain full employment |
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| 1 | | status, with wages and benefits to be maintained by their | 2 | | respective employers and shall be reimbursed by their | 3 | | respective employers for meeting and travel expenses.
| 4 | | (f) A majority of those members appointed as provided in | 5 | | this Section shall constitute a quorum of the Merit Board, and | 6 | | a majority of a quorum shall constitute a quorum of a committee | 7 | | of the Merit Board. The Merit Board may shall determine the | 8 | | number necessary for a quorum, elect
its own chairman and set | 9 | | up an Executive Committee of its own members , which
shall have | 10 | | all of the powers of the Merit Board except as limited by the
| 11 | | Merit Board. The Chairperson of the Merit Board shall also | 12 | | serve as a member and Chairperson of the Executive Committee.
| 13 | | (g) The Merit Board shall cause to be elected a committee | 14 | | of not less than
eleven members to be made up of Civil Service | 15 | | Employees, six of whom shall
be nominated by and from the Civil | 16 | | Service Employees of the University of
Illinois and one of whom | 17 | | shall be nominated by and from the Civil Service
Employees of | 18 | | each of the other institutions specified in Section 36e, who
| 19 | | will function in an advisory capacity to the Merit Board on all | 20 | | matters
pertaining to the University System. This Advisory | 21 | | Committee shall meet at
least quarterly , and members of the | 22 | | Committee shall maintain full employment status, with wages and | 23 | | benefits to be maintained by their respective employers. | 24 | | Members of the Committee shall be reimbursed by their
| 25 | | respective employers for time lost from work and for expenses | 26 | | incurred in
attending meetings of the Committee.
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| 1 | | (Source: P.A. 89-4, eff. 1-1-96.)
| 2 | | (110 ILCS 70/36d) (from Ch. 24 1/2, par. 38b3)
| 3 | | Sec. 36d. Powers and duties of the Merit Board.
| 4 | | The Merit Board shall have the power and duty : -
| 5 | | (1) To approve a classification plan prepared under its | 6 | | direction,
assigning to each class positions of | 7 | | substantially similar duties. The
Merit Board shall have | 8 | | power to delegate to its Executive Director the duty of
| 9 | | assigning each position in the classified service to the | 10 | | appropriate
class in the classification plan approved by | 11 | | the Merit Board.
| 12 | | (2) To prescribe the duties of each class of positions | 13 | | and the
qualifications required by employment in that | 14 | | class.
| 15 | | (3) To prescribe the range of compensation for each | 16 | | class or to fix
a single rate of compensation for employees | 17 | | in a particular class; and
to establish other conditions of | 18 | | employment which an employer and
employee representatives | 19 | | have agreed upon as fair and equitable. The
Merit Board | 20 | | shall direct the payment of the "prevailing rate of wages"
| 21 | | in those classifications in which, on January 1, 1952, any | 22 | | employer is
paying such prevailing rate and in such other | 23 | | classes as the Merit Board
may thereafter determine. | 24 | | "Prevailing rate of wages" as used herein
shall be the | 25 | | wages paid generally in the locality in which the work is
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| 1 | | being performed to employees engaged in work of a similar | 2 | | character.
Each employer covered by the University System | 3 | | shall be authorized to
negotiate with representatives of | 4 | | employees to determine appropriate
ranges or rates of | 5 | | compensation or other conditions of employment and
may | 6 | | recommend to the Merit Board for establishment the rates or | 7 | | ranges
or other conditions of employment which the employer | 8 | | and employee
representatives have agreed upon as fair and | 9 | | equitable. Any rates or
ranges established prior to January | 10 | | 1, 1952, and hereafter, shall not be
changed except in | 11 | | accordance with the procedures herein provided.
| 12 | | (4) To recommend to the institutions and agencies | 13 | | specified in
Section 36e standards for hours of work, | 14 | | holidays, sick leave, overtime
compensation and vacation | 15 | | for the purpose of improving conditions of
employment | 16 | | covered therein and for the purpose of insuring conformity
| 17 | | with the prevailing rate principal.
| 18 | | (5) To prescribe standards of examination for each | 19 | | class, the
examinations to be related to the duties of such | 20 | | class. The Merit Board
shall have the power to delegate to | 21 | | the Executive Director and his or her staff the
| 22 | | preparation, conduct and grading of examinations. | 23 | | Examinations may be
written, oral, by statement of training | 24 | | and experience, in the form of
tests of knowledge, skill, | 25 | | capacity, intellect, aptitude; or, by any
other method, | 26 | | which in the judgment of the Merit Board is reasonable and
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| 1 | | practical for any particular classification. Different | 2 | | examining
procedures may be determined for the | 3 | | examinations in different
classifications but all | 4 | | examinations in the same classification shall be
uniform.
| 5 | | (6) To authorize the continuous recruitment of | 6 | | personnel and to that
end, to delegate to the Executive | 7 | | Director and his or her staff the power and the duty to
| 8 | | conduct open and continuous competitive examinations for | 9 | | all
classifications of employment.
| 10 | | (7) To cause to be established from the results of | 11 | | examinations
registers for each class of positions in the | 12 | | classified service of the
State Universities Civil Service | 13 | | System, of the persons who shall
attain the minimum mark | 14 | | fixed by the Merit Board for the examination;
and such | 15 | | persons shall take rank upon the registers as candidates in | 16 | | the
order of their relative excellence as determined by | 17 | | examination, without
reference to priority of time of | 18 | | examination.
| 19 | | (8) To provide by its rules for promotions in the | 20 | | classified
service. Vacancies shall be filled by promotion | 21 | | whenever practicable.
For the purpose of this paragraph, an | 22 | | advancement in class shall
constitute a promotion.
| 23 | | (9) To set a probationary period of employment of no | 24 | | less than 6 months
and no longer than 12 months for each | 25 | | class of positions in the classification
plan, the length | 26 | | of the probationary period for each class to be determined
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| 1 | | by the Executive Director.
| 2 | | (10) To provide by its rules for employment at regular | 3 | | rates of
compensation of physically handicapped persons in | 4 | | positions in which the
handicap does not prevent the | 5 | | individual from furnishing satisfactory
service.
| 6 | | (11) To make and publish rules, to carry out the | 7 | | purpose of the
State Universities Civil Service System and | 8 | | for examination, appointments,
transfers and removals and | 9 | | for maintaining and keeping records of the
efficiency of | 10 | | officers and employees and groups of officers and
employees | 11 | | in accordance with the provisions of Sections 36b to 36q,
| 12 | | inclusive, and said Merit Board may from time to time make | 13 | | changes in
such rules.
| 14 | | (12) To appoint an Executive a Director and such | 15 | | assistants and other clerical
and technical help as may be | 16 | | necessary to efficiently to administer
Sections 36b to 36q, | 17 | | inclusive. To authorize the Executive Director to appoint a | 18 | | Designated Employer Representative (DER) an
assistant | 19 | | resident at the place of employment of each employer | 20 | | specified
in Section 36e , and this DER assistant may be | 21 | | authorized to give examinations
and to certify names from | 22 | | the regional registers provided in Section
36k.
| 23 | | (13) To submit to the Governor of this state on or | 24 | | before November 1
of each year prior to the regular session | 25 | | of the General Assembly a
report of the University System's | 26 | | business and an estimate of the amount
of appropriation |
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| 1 | | from state funds required for the purpose of
administering | 2 | | the University System.
| 3 | | (Source: P.A. 82-524.)
| 4 | | (110 ILCS 70/36e) (from Ch. 24 1/2, par. 38b4)
| 5 | | Sec. 36e. Coverage. | 6 | | (a) All employees of the Illinois Community College Board,
| 7 | | State Community College of East St. Louis (abolished under | 8 | | Section 2-12.1 of the Public Community College Act), Southern | 9 | | Illinois University,
Chicago State University, Eastern | 10 | | Illinois University, Governors State
University, Illinois | 11 | | State University, Northeastern Illinois University,
Northern | 12 | | Illinois University, Western Illinois University,
University | 13 | | of Illinois, State Universities Civil Service System, State
| 14 | | Universities Retirement System, the Illinois Student | 15 | | Assistance State Scholarship Commission, and
the Board of | 16 | | Higher Education, shall be covered by the University System
| 17 | | described in Sections 36b to 36q, inclusive, of this Act, | 18 | | except the
following persons:
| 19 | | (1) The members and officers of the Merit Board and the | 20 | | Board board of Trustees
trustees , and the commissioners of | 21 | | the institutions and agencies covered
hereunder . ;
| 22 | | (2) The presidents and vice-presidents of each | 23 | | educational
institution . ;
| 24 | | (3) Other principal administrative appointments | 25 | | employees of each institution and
agency , upon approval as |
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| 1 | | determined by the Merit Board , in accordance with the | 2 | | following provisions: ;
| 3 | | (A) No person may be exempt under this subdivision | 4 | | (3) unless his or her position has been revised and | 5 | | approved for exemption by the Merit Board or by the | 6 | | Executive Director as delegated by the Merit Board. | 7 | | (B) The authority to exempt persons and their | 8 | | corresponding positions under this subdivision (3) | 9 | | lies solely with the Merit Board or the Executive | 10 | | Director as delegated by the Merit Board, and such | 11 | | authority shall not be extended to any other employing | 12 | | institution or agency. | 13 | | (C) The Merit Board shall provide public notice of | 14 | | each person and his or her corresponding position | 15 | | approved for exemption under this subdivision (3). | 16 | | (4) The teaching, research and extension faculties of | 17 | | each
institution and agency . ;
| 18 | | (5) Students employed under rules prescribed by the | 19 | | Merit Board,
without examination or certification.
| 20 | | (b) All persons and their corresponding positions | 21 | | considered to be exempt under this Section are subject to audit | 22 | | and review by the Merit Board or the Executive Director as | 23 | | delegated by the Merit Board. | 24 | | (Source: P.A. 97-333, eff. 8-12-11.)
| 25 | | (110 ILCS 70/36t new) |
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| 1 | | Sec. 36t. General provisions. | 2 | | (a) The Merit Board and any committees and subdivisions | 3 | | thereof are subject to all provisions of the Open Meetings Act. | 4 | | The Merit Board is a "public body" within the meaning of that | 5 | | term as set forth in the Open Meetings Act. | 6 | | (b) The Merit Board and any committees and subdivisions | 7 | | thereof are subject to all provisions of the State Records Act. | 8 | | The Merit Board is an "agency" within the meaning of that term | 9 | | as set forth in the State Records Act. | 10 | | (c) Notwithstanding any other provisions of law to the | 11 | | contrary, any authority granted to the Merit Board to make and | 12 | | publish rules is strictly limited to the requirements of the | 13 | | Illinois Administrative Procedure Act, and no authority for the | 14 | | Merit Board to make and publish rules exists outside of the | 15 | | requirements of the Illinois Administrative Procedure Act. The | 16 | | Merit Board is an "agency" within the meaning of that term as | 17 | | set forth in the Illinois Administrative Procedure Act. | 18 | | (d) The Merit Board and any committees and subdivisions | 19 | | thereof are subject to all provisions of the State Officials | 20 | | and Employees Ethics Act. The Merit Board is considered a | 21 | | "State agency" within the meaning of that term as set forth in | 22 | | the State Officials and Employees Ethics Act.
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