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(15 ILCS 310/16) (from Ch. 124, par. 116)
Sec. 16.
Status of present employees.
Employees holding positions in the
Office of the Secretary of State herein shall continue under the following
conditions:
(1) Employees who have been appointed as the result of having passed
examinations
in accordance with the provisions of the "Personnel Code", and who have
satisfactorily passed the probationary period or who have been promoted
in accordance with the rules thereunder, shall be continued without further
examination, but shall be otherwise subject to provisions of this Act and
the rules made pursuant to it.
(2) Employees who have been appointed as the result of having passed
examinations
pursuant to the provisions of the "Personnel Code" but have not completed
their probationary period on the effective date of this Act shall be continued
without further examination but shall be otherwise subject to provisions
of this Act and the rules made pursuant to it. Time served on probation
prior to the effective date of this Act shall count as time served on the
probationary period provided by this Act.
(2.5) Persons who, immediately before the effective date of this
amendatory Act of the 93rd General Assembly, were employees with investigatory
functions of the Inspector General within the Office of the
Secretary of State and who are subject to the Secretary of State
Merit Employment Code shall be appointed to the position of inspector, as
described in Section 14 of the Secretary of State Act, if they: (i) meet the
requirements described in Section 14 of the Secretary of State Act; (ii) pass a
qualifying examination as prescribed by the Director of Personnel within 6
months after the effective date of this amendatory Act of the 93rd General
Assembly; and (iii) satisfactorily complete
their respective probationary periods. The qualifying examination for
inspectors shall be similar to those required for entrance examinations for
comparable positions in the Office of the Secretary of State. Inspectors shall
be
appointed without regard to eligible lists. Nothing in this subsection
precludes the Office of the Secretary of State from reclassifying or
reallocating employees who would otherwise qualify as inspectors.
(3) All other such employees subject to the provisions of this Act shall
be continued in their respective positions if they pass a qualifying
examination
prescribed by the Director within 9 months from the effective date of this
Act, and satisfactorily complete their respective probationary periods.
Such qualifying examinations shall be similar to those required for entrance
examinations for comparable positions in the Office of the Secretary of
State. Appointments of such employees shall be without regard to eligible
lists. Nothing herein precludes the reclassification or reallocation as
provided by this Act of any position held by such incumbent.
(4) Nothing in this Act shall be construed to prejudice, reduce, extinguish
or affect the rights or privileges determined through judicial process to
have been conferred on any present or past employee under the Illinois
Personnel
Code. In the event that any court of competent jurisdiction shall determine
that present or past employees of the Secretary of State have any rights
arising from the Illinois Personnel Code, those rights shall be recognized
under this Act.
(5) Any person who, as a result of any court order, court approved
stipulation
or settlement, has any employment or re-employment rights prior to the
effective
date of this Act shall continue to have such rights after the effective
date of this Act.
(Source: P.A. 93-559, eff. 8-20-03.)
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