Full Text of SB1901 097th General Assembly
SB1901 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1901 Introduced 2/10/2011, by Sen. Matt Murphy SYNOPSIS AS INTRODUCED: |
| 5 ILCS 120/2 | from Ch. 102, par. 42 | 55 ILCS 5/5-1100.5 new | | 60 ILCS 1/80-13 new | | 65 ILCS 5/3.1-50-30 new | | 30 ILCS 805/8.35 new | |
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Amends the Open Meetings Act, the Counties Code, the Township Code, and the Illinois Municipal Code to require that, before the county board, the township board, or the corporate authorities of a municipality may vote on an officer's or employee's increase in earnings that exceeds his or her earnings for the previous calendar year by more than 6%, the county board, the township board, or the corporate authorities shall conduct a public hearing addressing the proposed increase in earnings. Requires publication of notice of the public hearing. Pre-empts home rule. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | HOME RULE NOTE ACT MAY APPLY | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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| 1 | | AN ACT concerning local government employees.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Open Meetings Act is amended by changing | 5 | | Section 2 as follows:
| 6 | | (5 ILCS 120/2) (from Ch. 102, par. 42)
| 7 | | Sec. 2. Open meetings.
| 8 | | (a) Openness required. All meetings of public
bodies shall | 9 | | be open to the public unless excepted in subsection (c)
and | 10 | | closed in accordance with Section 2a.
| 11 | | (b) Construction of exceptions. The exceptions contained | 12 | | in subsection
(c) are in derogation of the requirement that | 13 | | public bodies
meet in the open, and therefore, the exceptions | 14 | | are to be strictly
construed, extending only to subjects | 15 | | clearly within their scope.
The exceptions authorize but do not | 16 | | require the holding of
a closed meeting to discuss a subject | 17 | | included within an enumerated exception.
| 18 | | (c) Exceptions. A public body may hold closed meetings to | 19 | | consider the
following subjects:
| 20 | | (1) Except as provided in Section 5-1100.5 of the | 21 | | Counties Code, Section 80-13 of the Township Code, and | 22 | | Section 3.1-50-30 of the Illinois Municipal Code, the The | 23 | | appointment, employment, compensation, discipline, |
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| 1 | | performance,
or dismissal of specific employees of the | 2 | | public body or legal counsel for
the public body, including | 3 | | hearing
testimony on a complaint lodged against an employee | 4 | | of the public body or
against legal counsel for the public | 5 | | body to determine its validity.
| 6 | | (2) Collective negotiating matters between the public | 7 | | body and its
employees or their representatives, or | 8 | | deliberations concerning salary
schedules for one or more | 9 | | classes of employees.
| 10 | | (3) The selection of a person to fill a public office,
| 11 | | as defined in this Act, including a vacancy in a public | 12 | | office, when the public
body is given power to appoint | 13 | | under law or ordinance, or the discipline,
performance or | 14 | | removal of the occupant of a public office, when the public | 15 | | body
is given power to remove the occupant under law or | 16 | | ordinance.
| 17 | | (4) Evidence or testimony presented in open hearing, or | 18 | | in closed
hearing where specifically authorized by law, to
| 19 | | a quasi-adjudicative body, as defined in this Act, provided | 20 | | that the body
prepares and makes available for public | 21 | | inspection a written decision
setting forth its | 22 | | determinative reasoning.
| 23 | | (5) The purchase or lease of real property for the use | 24 | | of
the public body, including meetings held for the purpose | 25 | | of discussing
whether a particular parcel should be | 26 | | acquired.
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| 1 | | (6) The setting of a price for sale or lease of | 2 | | property owned
by the public body.
| 3 | | (7) The sale or purchase of securities, investments, or | 4 | | investment
contracts.
| 5 | | (8) Security procedures and the use of personnel and
| 6 | | equipment to respond to an actual, a threatened, or a | 7 | | reasonably
potential danger to the safety of employees, | 8 | | students, staff, the public, or
public
property.
| 9 | | (9) Student disciplinary cases.
| 10 | | (10) The placement of individual students in special | 11 | | education
programs and other matters relating to | 12 | | individual students.
| 13 | | (11) Litigation, when an action against, affecting or | 14 | | on behalf of the
particular public body has been filed and | 15 | | is pending before a court or
administrative tribunal, or | 16 | | when the public body finds that an action is
probable or | 17 | | imminent, in which case the basis for the finding shall be
| 18 | | recorded and entered into the minutes of the closed | 19 | | meeting.
| 20 | | (12) The establishment of reserves or settlement of | 21 | | claims as provided
in the Local Governmental and | 22 | | Governmental Employees Tort Immunity Act, if
otherwise the | 23 | | disposition of a claim or potential claim might be
| 24 | | prejudiced, or the review or discussion of claims, loss or | 25 | | risk management
information, records, data, advice or | 26 | | communications from or with respect
to any insurer of the |
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| 1 | | public body or any intergovernmental risk management
| 2 | | association or self insurance pool of which the public body | 3 | | is a member.
| 4 | | (13) Conciliation of complaints of discrimination in | 5 | | the sale or rental
of housing, when closed meetings are | 6 | | authorized by the law or ordinance
prescribing fair housing | 7 | | practices and creating a commission or
administrative | 8 | | agency for their enforcement.
| 9 | | (14) Informant sources, the hiring or assignment of | 10 | | undercover personnel
or equipment, or ongoing, prior or | 11 | | future criminal investigations, when
discussed by a public | 12 | | body with criminal investigatory responsibilities.
| 13 | | (15) Professional ethics or performance when | 14 | | considered by an advisory
body appointed to advise a | 15 | | licensing or regulatory agency on matters
germane to the | 16 | | advisory body's field of competence.
| 17 | | (16) Self evaluation, practices and procedures or | 18 | | professional ethics,
when meeting with a representative of | 19 | | a statewide association of which the
public body is a | 20 | | member.
| 21 | | (17) The recruitment, credentialing, discipline or | 22 | | formal peer review
of physicians or other
health care | 23 | | professionals for a hospital, or
other institution | 24 | | providing medical care, that is operated by the public | 25 | | body.
| 26 | | (18) Deliberations for decisions of the Prisoner |
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| 1 | | Review Board.
| 2 | | (19) Review or discussion of applications received | 3 | | under the
Experimental Organ Transplantation Procedures | 4 | | Act.
| 5 | | (20) The classification and discussion of matters | 6 | | classified as
confidential or continued confidential by | 7 | | the State Government Suggestion Award
Board.
| 8 | | (21) Discussion of minutes of meetings lawfully closed | 9 | | under this Act,
whether for purposes of approval by the | 10 | | body of the minutes or semi-annual
review of the minutes as | 11 | | mandated by Section 2.06.
| 12 | | (22) Deliberations for decisions of the State
| 13 | | Emergency Medical Services Disciplinary
Review Board.
| 14 | | (23) The operation by a municipality of a municipal | 15 | | utility or the
operation of a
municipal power agency or | 16 | | municipal natural gas agency when the
discussion involves | 17 | | (i) contracts relating to the
purchase, sale, or delivery | 18 | | of electricity or natural gas or (ii) the results
or | 19 | | conclusions of load forecast studies.
| 20 | | (24) Meetings of a residential health care facility | 21 | | resident sexual
assault and death review
team or
the | 22 | | Executive
Council under the Abuse Prevention Review
Team | 23 | | Act.
| 24 | | (25) Meetings of an independent team of experts under | 25 | | Brian's Law. | 26 | | (26) (25) Meetings of a mortality review team appointed |
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| 1 | | under the Department of Juvenile Justice Mortality Review | 2 | | Team Act. | 3 | | (27) (25) Confidential information, when discussed by | 4 | | one or more members of an elder abuse fatality review team, | 5 | | designated under Section 15 of the Elder Abuse and Neglect | 6 | | Act, while participating in a review conducted by that team | 7 | | of the death of an elderly person in which abuse or neglect | 8 | | is suspected, alleged, or substantiated; provided that | 9 | | before the review team holds a closed meeting, or closes an | 10 | | open meeting, to discuss the confidential information, | 11 | | each participating review team member seeking to disclose | 12 | | the confidential information in the closed meeting or | 13 | | closed portion of the meeting must state on the record | 14 | | during an open meeting or the open portion of a meeting the | 15 | | nature of the information to be disclosed and the legal | 16 | | basis for otherwise holding that information confidential. | 17 | | (d) Definitions. For purposes of this Section:
| 18 | | "Employee" means a person employed by a public body whose | 19 | | relationship
with the public body constitutes an | 20 | | employer-employee relationship under
the usual common law | 21 | | rules, and who is not an independent contractor.
| 22 | | "Public office" means a position created by or under the
| 23 | | Constitution or laws of this State, the occupant of which is | 24 | | charged with
the exercise of some portion of the sovereign | 25 | | power of this State. The term
"public office" shall include | 26 | | members of the public body, but it shall not
include |
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| 1 | | organizational positions filled by members thereof, whether
| 2 | | established by law or by a public body itself, that exist to | 3 | | assist the
body in the conduct of its business.
| 4 | | "Quasi-adjudicative body" means an administrative body | 5 | | charged by law or
ordinance with the responsibility to conduct | 6 | | hearings, receive evidence or
testimony and make | 7 | | determinations based
thereon, but does not include
local | 8 | | electoral boards when such bodies are considering petition | 9 | | challenges.
| 10 | | (e) Final action. No final action may be taken at a closed | 11 | | meeting.
Final action shall be preceded by a public recital of | 12 | | the nature of the
matter being considered and other information | 13 | | that will inform the
public of the business being conducted.
| 14 | | (Source: P.A. 95-185, eff. 1-1-08; 96-1235, eff. 1-1-11; | 15 | | 96-1378, eff. 7-29-10; 96-1428, eff. 8-11-10; revised 9-2-10.)
| 16 | | Section 10. The Counties Code is amended by adding Section | 17 | | 5-1100.5 as follows: | 18 | | (55 ILCS 5/5-1100.5 new) | 19 | | Sec. 5-1100.5. Salary increases; public hearing. Before | 20 | | the county board may vote on an officer's or employee's | 21 | | increase in salary that exceeds his or her salary for the | 22 | | previous calendar year by more than 6%, the county board shall | 23 | | conduct a public hearing addressing the proposed increase in | 24 | | salary.
The county board shall cause to be prepared a notice of |
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| 1 | | the public hearing stating the date, time, place, and purpose | 2 | | of the hearing. The county board shall cause the notice to be | 3 | | published in a newspaper of general circulation in the county | 4 | | not less than 15 nor more than 30 days before the date of the | 5 | | hearing. At the public hearing, all persons desiring to offer | 6 | | statements or other evidence in support of or in opposition to | 7 | | the proposed increase in salary shall be afforded an | 8 | | opportunity to do so orally, in writing, or both, prior to the | 9 | | vote on the increase. | 10 | | No county, including a home rule county, may act in a | 11 | | manner inconsistent with this Section. This Section is a denial | 12 | | and limitation of home rule powers under subsection (i) of | 13 | | Section 6 of Article VII of the Illinois Constitution. | 14 | | Section 15. The Township Code is amended by adding Section | 15 | | 80-13 as follows: | 16 | | (60 ILCS 1/80-13 new) | 17 | | Sec. 80-13. Salary increases; public hearing. Before the | 18 | | township board may vote on an officer's or employee's increase | 19 | | in salary that exceeds his or her salary for the previous | 20 | | calendar year by more than 6%, the township board shall conduct | 21 | | a public hearing addressing the proposed increase in salary.
| 22 | | The township board shall cause to be prepared a notice of the | 23 | | public hearing stating the date, time, place, and purpose of | 24 | | the hearing. The township board shall cause the notice to be |
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| 1 | | published in a newspaper of general circulation in the township | 2 | | not less than 15 nor more than 30 days before the date of the | 3 | | hearing. At the public hearing, all persons desiring to offer | 4 | | statements or other evidence in support of or in opposition to | 5 | | the proposed increase in salary shall be afforded an | 6 | | opportunity to do so orally, in writing, or both, prior to the | 7 | | vote on the increase. | 8 | | Section 20. The Illinois Municipal Code is amended by | 9 | | adding Section 3.1-50-30 as follows: | 10 | | (65 ILCS 5/3.1-50-30 new) | 11 | | Sec. 3.1-50-30. Salary increases; public hearing. Before | 12 | | the corporate authorities of a municipality may vote on an | 13 | | officer's or employee's increase in salary that exceeds his or | 14 | | her salary for the previous calendar year by more than 6%, the | 15 | | corporate authorities shall conduct a public hearing | 16 | | addressing the proposed increase in salary.
The corporate | 17 | | authorities shall cause to be prepared a notice of the public | 18 | | hearing stating the date, time, place, and purpose of the | 19 | | hearing. The corporate authorities shall cause the notice to be | 20 | | published in a newspaper of general circulation in the | 21 | | municipality not less than 15 nor more than 30 days before the | 22 | | date of the hearing. At the public hearing, all persons | 23 | | desiring to offer statements or other evidence in support of or | 24 | | in opposition to the proposed increase in salary shall be |
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| 1 | | afforded an opportunity to do so orally, in writing, or both, | 2 | | prior to the vote on the increase. | 3 | | No municipality, including a home rule municipality, may | 4 | | act in a manner inconsistent with this Section. This Section is | 5 | | a denial and limitation of home rule powers under subsection | 6 | | (i) of Section 6 of Article VII of the Illinois Constitution. | 7 | | Section 90. The State Mandates Act is amended by adding | 8 | | Section 8.35 as follows: | 9 | | (30 ILCS 805/8.35 new) | 10 | | Sec. 8.35. Exempt mandate. Notwithstanding Sections 6 and 8 | 11 | | of this Act, no reimbursement by the State is required for the | 12 | | implementation of any mandate created by this amendatory Act of | 13 | | the 97th General Assembly.
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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