(110 ILCS 70/36b) (from Ch. 24 1/2, par. 38b1)
Sec. 36b. Creation.
(1) A classified civil service system to be known
as the State Universities Civil Service System is hereby created, and is
hereinafter referred to as the University System.
(2) The purpose of the University System is to establish a sound
program of personnel administration for the Illinois Community College
Board, Southern Illinois University,
Chicago State University, Eastern Illinois University, Governors State
University, Illinois State University, Northeastern Illinois University,
Northern Illinois University, Western Illinois University, the University of
Illinois, the State Universities Civil
Service System, the State Universities Retirement System, the State
Scholarship Commission, and the Board of Higher Education. All
certificates, appointments and promotions to positions in these agencies
and institutions shall be made solely on the basis of merit and fitness,
to be ascertained by examination, except as specified in Section 36e.
(3) The University System hereby created
shall be a separate entity of the State of Illinois and shall be under
the control of a Board to be known as the University Civil Service Merit
Board, and is hereinafter referred to as the Merit Board.
(Source: P.A. 100-615, eff. 1-1-19 .)
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(110 ILCS 70/36d) (from Ch. 24 1/2, par. 38b3)
Sec. 36d. Powers and duties of the Merit Board. The Merit Board shall have the power and duty:
(1) To approve a classification plan prepared under |
| its direction, assigning to each class positions of substantially similar duties. The Merit Board shall have power to delegate to its Executive Director the duty of assigning each position in the classified service to the appropriate class in the classification plan approved by the Merit Board.
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(2) To prescribe the duties of each class of
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| positions and the qualifications required by employment in that class.
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(3) To prescribe the range of compensation for each
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| class or to fix a single rate of compensation for employees in a particular class; and to establish other conditions of employment which an employer and employee representatives have agreed upon as fair and equitable. The Merit Board shall direct the payment of the "prevailing rate of wages" in those classifications in which, on January 1, 1952, any employer is paying such prevailing rate and in such other classes as the Merit Board may thereafter determine. "Prevailing rate of wages" as used herein shall be the wages paid generally in the locality in which the work is being performed to employees engaged in work of a similar character. Each employer covered by the University System shall be authorized to negotiate with representatives of employees to determine appropriate ranges or rates of compensation or other conditions of employment and may recommend to the Merit Board for establishment the rates or ranges or other conditions of employment which the employer and employee representatives have agreed upon as fair and equitable. Any rates or ranges established prior to January 1, 1952, and hereafter, shall not be changed except in accordance with the procedures herein provided.
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(4) To establish minimum requirements to the
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| institutions and agencies specified in Section 36e standards for hours of work, holidays, sick leave, overtime compensation and vacation for the purpose of improving conditions of employment covered therein and for the purpose of insuring conformity with the prevailing rate principal.
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(5) To prescribe standards of examination for each
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| class, the examinations to be related to the duties of such class. The Merit Board shall have power to delegate to the Executive Director and his or her staff the preparation, conduct and grading of examinations.
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(6) To authorize the continuous recruitment of
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| personnel and to that end, to delegate to the Executive Director and his or her staff the power and the duty to conduct open and continuous competitive examinations for all classifications of employment.
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(7) To cause to be established, from the results of
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| examinations, registers for each class of positions in the classified service of the University System of the persons who shall attain the minimum mark fixed by the Merit Board for the examination; and such persons shall take rank upon the registers as candidates in the order of their relative excellence as determined by examination, without reference to priority of time of examination.
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(8) To provide by its rules for promotions in the
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(8.5) To issue subpoenas to secure the attendance and
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| testimony of witnesses and the production of books and papers in the course of any investigation or hearing conducted pursuant to the Act.
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(9) (Blank).
(10) To provide by its rules for employment at
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| regular rates of compensation of persons with physical disabilities in positions in which the disability does not prevent the individual from furnishing satisfactory service.
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(11) To make and publish rules to carry out the
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| purpose of the University System and for examination, appointments, transfers and removals and for maintaining and keeping records of the efficiency of officers and employees and groups of officers and employees in accordance with the provisions of Sections 36b to 36q, inclusive, and said Merit Board may from time to time make changes in such rules.
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(12) To appoint an Executive Director who shall
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| appoint staff to help as may be necessary efficiently to administer Sections 36b to 36q, inclusive. To authorize the Executive Director to accept the appointment of each Designated Employer Representative appointed by the institutions and agencies specified in Section 36e. A Designated Employer Representative may be authorized to give examinations and to certify names from the regional registers provided in Section 36k. The enumeration of specific duties and powers that the Merit Board may delegate to the Executive Director in this Section does not preclude the Merit Board from delegating other duties and powers to the Executive Director.
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(13) To submit to the Governor of this state on or
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| before November 1 of each year prior to the regular session of the General Assembly a report of the University System's business and an estimate of the amount of appropriation from state funds required for the purpose of administering the University System.
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(14) To authorize the creation and use of pilot
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| programs to further the goals of the Act, which may be inconsistent with any rules adopted by the Merit Board, provided that such programs are of limited duration and do not reduce any rights or benefits of employees subject to this Act.
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(Source: P.A. 102-1075, eff. 6-10-22.)
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(110 ILCS 70/36e) (from Ch. 24 1/2, par. 38b4) Sec. 36e. Coverage. All employees of the Illinois Community College Board, Southern Illinois University, Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern Illinois University, Northern Illinois University, Western Illinois University, the University of Illinois, the University System, the State Universities Retirement System, the Illinois Student Assistance Commission, and the Board of Higher Education shall be covered by the University System described in Sections 36b to 36q, inclusive, of this Act, except the following persons: (1) The members and officers of the Merit Board and |
| the board of trustees, and the commissioners of the institutions and agencies covered hereunder;
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(2) The presidents and vice-presidents of each
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| educational institution and the executive director, directors, deputy directors, managing directors, chiefs, and attorneys of each higher education agency;
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(3) Other principal administrative employees of each
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| institution and agency as determined by the Merit Board;
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(4) The teaching, research and extension faculties of
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| each institution and agency;
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(5) Students employed under rules prescribed by the
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| Merit Board, without examination or certification.
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(Source: P.A. 103-940, eff. 8-9-24.)
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(110 ILCS 70/36g) (from Ch. 24 1/2, par. 38b6) (Text of Section before amendment by P.A. 103-746 ) Sec. 36g. Appropriate preference in entrance
examinations to qualified persons who have been members of the armed forces
of the United States or to qualified persons who, while citizens of the
United States, were members of the armed forces of allies of the United
States in time of hostilities with a foreign country, and to certain other
persons as set forth in this Section. (a) As used in this Section: (1) "Time of hostilities with a foreign country" |
| means any period of time in the past, present, or future during which a declaration of war by the United States Congress has been or is in effect or during which an emergency condition has been or is in effect that is recognized by the issuance of a Presidential proclamation or a Presidential executive order and in which the armed forces expeditionary medal or other campaign service medals are awarded according to Presidential executive order.
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(2) "Armed forces of the United States" means the
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| United States Army, Navy, Air Force, Marine Corps, Coast Guard. Service in the Merchant Marine that constitutes active duty under Section 401 of federal Public Law 95-202 shall also be considered service in the Armed Forces of the United States for purposes of this Section.
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(b) The preference granted under this Section shall be in the form of
points added to the final grades of the persons if they otherwise qualify
and are entitled to appear on the list of those eligible for appointments.
(c) A veteran is qualified for a preference of 10 points if the veteran
currently holds proof of a service connected disability from the United
States Department of Veterans Affairs or an allied country or if the
veteran is a recipient of the Purple Heart.
(d) A veteran who has served during a time of hostilities with a
foreign country is qualified for a preference of 5 points if the
veteran served under one or more of the following conditions:
(1) The veteran served a total of at least 6 months,
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(2) The veteran served for the duration of
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| hostilities regardless of the length of engagement, or
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(3) The veteran was discharged on the basis of
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(4) The veteran was released from active duty because
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| of a service connected disability and was discharged under honorable conditions.
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(e) A person not eligible for a preference under subsection (c) or (d) is
qualified for a preference of 3 points if the person has served
in the
armed forces of the United States, the Illinois National Guard,
or any reserve component of the armed forces of the United States and the
person: (1) served for at least 6 months and has been discharged under
honorable conditions or (2) has been discharged on the ground of hardship
or (3) was released from active duty because of a service connected
disability. An active member of the National Guard or a reserve component
of the armed forces of the United States is eligible for the preference if
the member meets the service requirements of this subsection (e).
(f) The rank order of persons entitled to a preference on eligible
lists shall be determined on the basis of their augmented ratings. When the Executive
Director establishes eligible lists on the basis of category ratings such
as "superior", "excellent", "well-qualified", and "qualified", the veteran
eligibles in each such category shall be preferred for appointment before
the non-veteran eligibles in the same category.
(g) Employees in positions covered by this Act who, while in good
standing, leave to engage in military service during a period of
hostility shall be given credit for seniority purposes for time served
in the armed forces.
(h) A surviving unremarried spouse of a veteran who suffered a
service connected death or the spouse of a veteran who suffered a service
connected disability that prevents the veteran from qualifying for civil
service employment shall be entitled to the same preference to which the
veteran would have been entitled under this Section.
(i) A preference shall also be given to the following individuals:
10 points for one parent of an unmarried veteran who suffered a service
connected death or a service connected disability that prevents the veteran
from qualifying for civil service employment. The first parent to receive a
civil service appointment shall be the parent entitled to the preference.
(Source: P.A. 100-615, eff. 1-1-19 .)
(Text of Section after amendment by P.A. 103-746 )
Sec. 36g. Appropriate preference in entrance examinations to qualified persons who have been members of the armed forces of the United States or to qualified persons who, while citizens of the United States, were members of the armed forces of allies of the United States in time of hostilities with a foreign country, and to certain other persons as set forth in this Section.
(a) As used in this Section:
(1) "Time of hostilities with a foreign country"
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| means any period of time in the past, present, or future during which a declaration of war by the United States Congress has been or is in effect or during which an emergency condition has been or is in effect that is recognized by the issuance of a Presidential proclamation or a Presidential executive order and in which the armed forces expeditionary medal or other campaign service medals are awarded according to Presidential executive order.
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(2) "Armed forces of the United States" means the
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| United States Army, Navy, Air Force, Space Force, Marine Corps, Coast Guard. Service in the Merchant Marine that constitutes active duty under Section 401 of federal Public Law 95-202 shall also be considered service in the Armed Forces of the United States for purposes of this Section.
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(b) The preference granted under this Section shall be in the form of points added to the final grades of the persons if they otherwise qualify and are entitled to appear on the list of those eligible for appointments.
(c) A veteran is qualified for a preference of 10 points if the veteran currently holds proof of a service connected disability from the United States Department of Veterans Affairs or an allied country or if the veteran is a recipient of the Purple Heart.
(d) A veteran who has served during a time of hostilities with a foreign country is qualified for a preference of 5 points if the veteran served under one or more of the following conditions:
(1) The veteran served a total of at least 6 months,
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(2) The veteran served for the duration of
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| hostilities regardless of the length of engagement, or
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(3) The veteran was discharged on the basis of
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(4) The veteran was released from active duty because
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| of a service connected disability and was discharged under honorable conditions.
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(e) A person not eligible for a preference under subsection (c) or (d) is qualified for a preference of 3 points if the person has served in the armed forces of the United States, the Illinois National Guard, or any reserve component of the armed forces of the United States and the person: (1) served for at least 6 months and has been discharged under honorable conditions or (2) has been discharged on the ground of hardship or (3) was released from active duty because of a service connected disability. An active member of the National Guard or a reserve component of the armed forces of the United States is eligible for the preference if the member meets the service requirements of this subsection (e).
(f) The rank order of persons entitled to a preference on eligible lists shall be determined on the basis of their augmented ratings. When the Executive Director establishes eligible lists on the basis of category ratings such as "superior", "excellent", "well-qualified", and "qualified", the veteran eligibles in each such category shall be preferred for appointment before the non-veteran eligibles in the same category.
(g) Employees in positions covered by this Act who, while in good standing, leave to engage in military service during a period of hostility shall be given credit for seniority purposes for time served in the armed forces.
(h) A surviving unremarried spouse of a veteran who suffered a service connected death or the spouse of a veteran who suffered a service connected disability that prevents the veteran from qualifying for civil service employment shall be entitled to the same preference to which the veteran would have been entitled under this Section.
(i) A preference shall also be given to the following individuals: 10 points for one parent of an unmarried veteran who suffered a service connected death or a service connected disability that prevents the veteran from qualifying for civil service employment. The first parent to receive a civil service appointment shall be the parent entitled to the preference.
(Source: P.A. 103-746, eff. 1-1-25.)
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(110 ILCS 70/36o) (from Ch. 24 1/2, par. 38b14)
Sec. 36o. Demotion, removal, and discharge. (a) After the completion of his or her probationary period, no employee shall be
demoted, removed or discharged except for just cause, upon written charges,
and after an opportunity to be heard in his or her own defense if he or she makes a
written request for a hearing to the Merit Board within 15 days after the
serving of the written charges upon him or her. (b) Upon the filing of such a request
for a hearing, the Merit Board shall grant such hearing by a hearing board or hearing officer appointed by the Merit Board to commence within
45 days from the date of the service of the demotion, removal, or discharge
notice, which may be continued from time to time. The hearing board or hearing officer shall make and
render findings of facts on the charges and transmit to the Merit Board a
transcript of the evidence along with the hearing board's or hearing officer's findings of fact. The findings of
the hearing board or hearing officer when approved by the Merit Board shall be certified to
the parties. (c) If cause for demotion, removal, or discharge is found, the
employee shall be immediately demoted, removed, or discharged from the service. If cause is not
found, the employee shall forthwith be reassigned to perform the duties of
a position in his or her classification without loss of compensation. (d) In the
course of the hearing, the Executive Director of the Merit Board shall have power to
administer oaths and to secure by subpoena the attendance and testimony of
witnesses and the production of books and papers relevant to the inquiry.
(e) The provisions of the Administrative Review Law and all amendments and
modification thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for the
judicial review of final administrative decisions of the Merit Board hereby
created. The term "administrative decision" is defined as in Section 3-101
of the Code of Civil Procedure.
(Source: P.A. 100-615, eff. 1-1-19 .)
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(110 ILCS 70/36q) (from Ch. 24 1/2, par. 38b16)
Sec. 36q.
Effect on past employees.
On January 1, 1952, and on such date thereafter as an employee becomes
subject to this Act, every person who is employed by any employer covered
by the University System, or whose name appears on a reemployment register
of any employer covered by the University System, and who has completed his
probationary period shall be certified in the University System in the
classification in which he is employed and in which he has completed his
probationary period, without examination, and shall be entitled to
seniority in the University System from the date of original employment in
the classification by the employer. Any person who has not completed his
probationary period in the classification in which he is employed on
January 1, 1952, or on such date thereafter as an employer becomes subject
to this Act, shall be required to meet the certifying requirements of the
University System before being certified.
Any employee of the State of Illinois who has previously been certified
under the regular classified State Civil Service or under the Personnel
Code, approved July 18, 1955, as amended, and who, because of the
transfer of his or her duties, has been transferred to the employment of
any institution now covered by the University System, or any such employee
who hereafter may be so transferred, shall have the seniority rights under
the University System as he or she held under the regular classified State
Civil Service or under the Personnel Code, approved July 18, 1955, as
amended, as determined by his or her original date of certification
therein.
Any employee of the State of Illinois who has previously been certified
under the regular classified State Civil Service or under the Personnel
Code, approved July 18, 1955, as amended, and who is transferred to a
comparable position of employment subject to the provisions of the Statute
governing the University System shall have the same status in the
University System as he held under the Personnel Code.
(Source: Laws 1967, p. 3769.)
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(110 ILCS 70/36s) (from Ch. 24 1/2, par. 38b18)
Sec. 36s. Supported employees.
(a) The Merit Board shall develop and implement a supported employment
program.
(b) The Merit Board shall designate a liaison to work with State
agencies and departments, any funder or provider or both, and State
universities in the implementation of a supported employment program.
(c) As used in this Section:
(1) "Supported employee" means any individual who:
(A) has a severe physical or mental disability |
| which seriously limits functional capacities, including but not limited to, mobility, communication, self-care, self-direction, work tolerance or work skills, in terms of employability as defined, determined and certified by the Department of Human Services; and
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(B) has one or more physical or mental
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| disabilities resulting from amputation; arthritis; blindness; cancer; cerebral palsy; cystic fibrosis; deafness; heart disease; hemiplegia; respiratory or pulmonary dysfunction; an intellectual disability; mental illness; multiple sclerosis; muscular dystrophy; musculoskeletal disorders; neurological disorders, including stroke and epilepsy; paraplegia; quadriplegia and other spinal cord conditions; sickle cell anemia; and end-stage renal disease; or another disability or combination of disabilities determined on the basis of an evaluation of rehabilitation potential to cause comparable substantial functional limitation.
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(2) "Supported employment" means competitive work in
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| integrated work settings:
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(A) for individuals with severe disabilities for
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| whom competitive employment has not traditionally occurred, or
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(B) for individuals for whom competitive
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| employment has been interrupted or intermittent as a result of a severe disability, and who because of their disability, need on-going support services to perform such work. The term includes transitional employment for individuals with chronic mental illness.
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(3) "Participation in a supported employee program"
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| means participation as a supported employee that is not based on the expectation that an individual will have the skills to perform all the duties in a job class, but on the assumption that with support and adaptation, or both, a job can be designed to take advantage of the supported employee's special strengths.
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(4) "Funder" means any entity either State, local or
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| federal, or private not-for-profit or for-profit that provides monies to programs that provide services related to supported employment.
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(5) "Provider" means any entity either public or
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| private that provides technical support and services to any department or agency subject to the control of the Governor, the Secretary of State or the University System.
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(d) The Merit Board shall establish job classifications for supported
employees who may be appointed into the classifications without open
competitive testing requirements. Supported employees shall serve in a
trial employment capacity for not less than 3 or more than 12 months.
(e) The Merit Board shall maintain a record of all individuals hired as
supported employees. The record shall include:
(1) the number of supported employees initially
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(2) the number of supported employees who
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| successfully complete the trial employment periods; and
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(3) the number of permanent targeted positions by
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(f) The Merit Board shall submit an annual report to the General
Assembly regarding the employment progress of supported employees, with
recommendations for legislative action.
(Source: P.A. 99-143, eff. 7-27-15; 100-615, eff. 1-1-19 .)
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(110 ILCS 70/45) (from Ch. 24 1/2, par. 38l)
Sec. 45.
Any person who shall be served with a subpoena to appear and
testify, or to produce books and papers, issued by the Merit Board, or by
any member thereof or by any board or person acting under the orders of the
Merit Board in the course of an investigation, conducted under any of the
provisions of this act, and who shall refuse or neglect to appear, or to
testify, or to produce books and papers relevant to said investigation, as
commanded in such subpoena, shall be guilty of a misdemeanor and shall, on
conviction, be punished as provided in Section 46 of this act.
The fees of witnesses for attendance and travel shall be the same as the
fees of witnesses before the circuit court of this state.
Any circuit court of this State, upon application
of any member of the Merit Board, or any person acting under the orders of
the Merit Board may, in its discretion, compel the attendance
of witnesses, the production of books and papers, and giving of testimony before the
Board or before any member of the Board, any investigating board or
officer, by an attachment for contempt or otherwise, in the same manner as
production of evidence may be compelled before the court. Every
person who, having taken oath or made affirmation before a member of the board or
an officer appointed by the board authorized to administer oaths shall
wilfully swear or affirm falsehood shall be guilty of perjury and upon
conviction shall be punished accordingly.
(Source: P.A. 83-334.)
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(110 ILCS 70/45a) (from Ch. 24 1/2, par. 38l.1)
Sec. 45a.
Except as provided in the second sentence of this Section,
all officers and employees subject to this Act, shall have the
following days as holidays, for which they shall receive their usual
compensation: New Year's Day, January 1, Memorial Day, as determined by
the law of the State of Illinois, Juneteenth National Freedom Day, as determined by the law of the State of Illinois, Independence Day, July 4, Labor Day,
the first Monday in September, Thanksgiving Day, the fourth Thursday of
November, Christmas Day, December 25, and five holidays to be designated
by each college, university, or agency subject to
this Act. Craft and trade employees subject to this Act shall be paid
for all paid holidays included in their area agreement, and will be paid
for all five holidays designated by their employer pursuant to this
Section. Notwithstanding any other provision of State law to the contrary, November 3, 2020 shall be a State holiday known as 2020 General Election Day and shall be observed throughout the State pursuant to this amendatory Act of the 101st General Assembly. All government offices, with the exception of election authorities, shall be closed unless authorized to be used as a location for election day services or as a polling place. Notwithstanding any other provision of State law to the contrary, November 8, 2022 shall be a State holiday known as 2022 General Election Day and shall be observed throughout the State under this amendatory Act of the 102nd General Assembly.
(Source: P.A. 101-642, eff. 6-16-20; 102-15, eff. 6-17-21; 102-1075, eff. 6-10-22.)
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