(15 ILCS 310/1) (from Ch. 124, par. 101)
Sec. 1.
Title.
This Act shall be known and may be cited as the Secretary
of State Merit Employment Code, and shall apply to employment within the
Office of the Secretary of State of the State of Illinois.
(Source: P.A. 80-13.)
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(15 ILCS 310/2) (from Ch. 124, par. 102)
Sec. 2.
Purpose.
The purpose of the Secretary of State Merit Employment
Code is to establish for the Office of the Secretary of State a system of
personnel administration based upon merit principles and scientific methods.
(Source: P.A. 80-13.)
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(15 ILCS 310/3) (from Ch. 124, par. 103)
Sec. 3.
Definitions.
For the purpose of this Act, unless the context
indicates
otherwise, the following words shall have the meanings ascribed
to them as follows:
"Commission". The Merit Commission created by this Act.
"Department". Department of Personnel-Secretary of State.
"Director". Director of the Department of Personnel-Secretary of State.
(Source: P.A. 90-372, eff. 7-1-98; 90-422, eff. 8-15-97.)
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(15 ILCS 310/4) (from Ch. 124, par. 104)
Sec. 4.
Organization.
There is created in the Office of the
Secretary of State:
(a) a Department of Personnel, headed by a Director, which shall be a
division
of the Office of the Secretary of State with primary responsibility for
personnel transactions; and
(b) a Merit Commission.
(Source: P.A. 90-372, eff. 7-1-98; 90-422, eff. 8-15-97.)
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(15 ILCS 310/5) (from Ch. 124, par. 105)
Sec. 5.
Jurisdictions; exemptions.
All offices and positions of employment
in the Office of the Secretary of State shall be subject to this Act unless
specifically exempted herein.
(Source: P.A. 80-13.)
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(15 ILCS 310/5a) (from Ch. 124, par. 105a)
Sec. 5a.
Definition of jurisdictions.
There are created 3 separate areas
of jurisdiction of the Department, as follows:
(1) Jurisdiction A, with respect to the classification and compensation
of positions in the Office of the Secretary of State.
(2) Jurisdiction B, with respect to the positions in the Office of the
Secretary of State to which persons must hold appointments on a basis of
merit and fitness.
(3) Jurisdiction C, with respect to conditions of employment in the Office
of the Secretary of State.
(Source: P.A. 80-13.)
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(15 ILCS 310/5b) (from Ch. 124, par. 105b)
Sec. 5b.
General exemptions.
The following positions in the Office
of the Secretary of State shall be exempt from jurisdictions A, B and C,
unless such jurisdictions shall be extended as provided in this Act;
(1) The Secretary of State, the Deputy Secretary of State and the Assistant
Secretary of State.
(2) The personal secretaries and administrative assistants
to the Secretary of State, the Deputy Secretary of State and the Assistant
Secretary of State.
(3) Persons exercising substantial executive or administrative functions
who have, as their primary responsibility, the operation of an organizational
entity in the Office of the Secretary of State.
(Source: P.A. 80-13.)
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(15 ILCS 310/5c) (from Ch. 124, par. 105c)
Sec. 5c. Partial exemptions. The following positions in the Office of
the Secretary of State are exempt from jurisdictions A, B and C to the extent
stated for each unless these jurisdictions are extended as provided in this Act:
(1) Special agents selected by the Inspector General appointed pursuant to Section 14 of the Secretary of State Act and licensed attorneys in positions as legal or technical advisors, except
in those positions paid from federal funds if such exemption is inconsistent
with federal requirements, are exempt from jurisdiction B only to the extent
that Sections 10b.1, 10b.3 and 10b.5 of this Code need not be met.
(2) All unskilled positions, unless such exemption is inconsistent with
federal requirements in those positions paid from federal funds, for which
the principal job requirement is good physical condition are exempt from jurisdiction B.
(3) The Merit Commission, upon written recommendation of the Director,
shall exempt from jurisdiction B other positions which, in the judgment
of the Commission, are by their nature highly confidential or involve principal
administrative responsibility for the determination of policy or principal
administrative responsibility for the way in which policies are carried
out, except in those positions paid from federal funds if such exemption
is inconsistent with federal requirements. No position which has the powers
of a law enforcement officer, except executive security officers, may be
exempted under this section.
(4) The personal secretaries and chief deputy to persons exempted under
paragraph (3) of Section 5b of this Act are exempt from jurisdiction B,
unless such exemption is inconsistent with federal requirements in those
positions paid from federal funds.
(5) Positions which are paid a prevailing rate of wage are exempt from jurisdiction B.
(Source: P.A. 97-833, eff. 7-20-12.)
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(15 ILCS 310/5d) (from Ch. 124, par. 105d)
Sec. 5d.
Extension of jurisdiction B to unskilled positions.
The Director
of Personnel may, with the approval of the Secretary of State, extend jurisdiction
B to any unskilled position or positions, the principal job requirement
of which is good physical condition.
Employees in positions to which jurisdiction B is extended pursuant to
this Section shall be continued in their respective positions provided that
they pass a qualifying examination prescribed by the Director within 6 months
after jurisdiction B is extended to such positions, and provided they 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.
(Source: P.A. 80-13.)
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(15 ILCS 310/6) (from Ch. 124, par. 106)
Sec. 6.
Director - appointment - qualifications.
The Department of
Personnel shall have an officer at its head who shall be known as Director
of Personnel. He shall be appointed by the Secretary of State, by and with
the advice and consent of the Senate. The Director of Personnel shall be a
person who shall have had practical working experience in the field of
personnel administration.
(Source: P.A. 85-378.)
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(15 ILCS 310/6a) (from Ch. 124, par. 106a)
Sec. 6a.
Director - powers and duties.
The Director shall have the
following
duties and responsibilities:
(1) To apply and carry out this law and the rules adopted hereunder.
(2) To attend meetings of the Commission.
(3) To establish and maintain a roster of all employees subject to this
Act, in which there shall be set forth, as to each employee, the class,
title, pay status, and other pertinent data.
(4) Subject to such exemptions or modifications as may be necessary to
assure the continuity of federal contributions for positions paid from federal
funds, to make appointments to vacancies; to approve all written charges
seeking discharge, demotion, or other disciplinary
measures provided in this Act and to approve transfers of employees from
one geographical area to another in the State.
(5) To formulate and administer service wide policies and programs for
the improvement of employee effectiveness, including training, safety, health,
incentive recognition, counseling, welfare and employee relations.
(6) To conduct negotiations affecting pay, hours of work, or other working
conditions of employees subject to this Act.
(7) To investigate from time to time the operation and effect of this
law and the rules made thereunder and to report his or her findings and
recommendations to the Commission and the Secretary of State.
(8) To make such reports as he may consider desirable to the Commission and the Secretary of State, or as the
Secretary of
State or Commission may request.
(9) To enter into agreements with professional or educational organizations
or the Illinois State Department of Central Management Services
for the purpose of obtaining professional or technical assistance in the
administration of this Act.
(10) To perform any other lawful acts necessary or desirable to carry
out the purposes and provisions of this law.
(Source: P.A. 90-372, eff. 7-1-98; 90-422, eff. 8-15-97.)
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(15 ILCS 310/6b) (from Ch. 124, par. 106b)
Sec. 6b.
Certification of payrolls.
On or after the effective date of
this Act, no State disbursing or auditing officer shall make or approve
or take part in making or approving any payment for personal service to
any person holding a position in the Office of the Secretary of State subject
to this Act with the exception of those exempt under Section 5b unless the
payroll voucher or account of such pay bears the certification of the Director,
or of his authorized agent, that each person named therein has been appointed
and employed in accordance with the provisions of this law, and rules, regulations
and orders thereunder.
(Source: P.A. 80-13.)
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(15 ILCS 310/7) (from Ch. 124, par. 107)
Sec. 7.
(Repealed).
(Source: P.A. 80-13. Repealed by 90-372, eff. 7-1-98, and 90-422, eff.
8-15-97.)
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(15 ILCS 310/7a) (from Ch. 124, par. 107a)
Sec. 7a.
(Repealed).
(Source: P.A. 80-13. Repealed by 90-372, eff. 7-1-98, and 90-422, eff.
8-15-97.)
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(15 ILCS 310/7b) (from Ch. 124, par. 107b)
Sec. 7b.
(Repealed).
(Source: P.A. 80-13. Repealed by 90-372, eff. 7-1-98, and 90-422, eff.
8-15-97.)
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(15 ILCS 310/7c) (from Ch. 124, par. 107c)
Sec. 7c.
Powers.
In addition to the duties imposed elsewhere in this Act,
the Merit Commission may:
(1) advise the Secretary of State and the Director of Personnel on problems
concerning personnel administration.
(2) Obtain from the Director of the Department of Personnel and from the
Merit Commission such reports as it may consider desirable.
(3) Foster the interest of institutions of learning and of industrial,
civic, professional and employee organizations in the improvement of personnel
standards in the Office of the Secretary of State.
(Source: P.A. 90-372, eff. 7-1-98; 90-422, eff. 8-15-97.)
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(15 ILCS 310/8) (from Ch. 124, par. 108)
Sec. 8.
Merit Commission.
There shall be a Merit Commission for the Office
of the Secretary of State, composed of 5 members appointed by the Secretary
of State with the advice and consent of the Senate. The members
of the Commission shall be persons in sympathy with the application of merit
principles to public employment in the Office of the Secretary of State.
Not more than 3 members may be affiliated with the same political party.
(Source: P.A. 89-375, eff. 8-18-95.)
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(15 ILCS 310/8a) (from Ch. 124, par. 108a)
Sec. 8a. Terms, compensation. Members of the Merit Commission shall be
initially appointed as follows:
(1) One member to serve for 2 years and until his | ||
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(2) One member to serve for 4 years and until his | ||
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(3) One member to serve for 6 years and until his | ||
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Thereafter, members of the Commission shall be appointed by the Secretary
of State for six year terms with the advice and consent of the Senate.
A member of the Commission shall be appointed as Chairman by the Secretary
of State for a two-year term. The Secretary of State may appoint the Chairman
for consecutive terms. The Chairman may also be appointed as the Administrator responsible for overseeing the Commission staff and day-to-day operations of the Commission.
The Secretary of State may appoint a person to fill a vacancy occurring
prior to the expiration of a six year term for the remainder of the unexpired
term with the advice and consent of the Senate.
The salary of the Chairman of the Commission shall be $10,000 per annum
or an amount set by the Compensation Review Board, whichever is greater,
and other members of the Commission shall be paid $7,500 per annum or an
amount set by the Compensation Review Board, whichever is greater. They
shall be entitled to reimbursement for necessary traveling and other official
expenditures necessitated by their official duties. If the Chairman of the Commission is also appointed as the Administrator of the Commission, the Chairman's salary will be set by the Secretary.
(Source: P.A. 97-833, eff. 7-20-12.)
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(15 ILCS 310/8b) (from Ch. 124, par. 108b)
Sec. 8b.
Meetings.
The Merit Commission shall meet periodically in
accordance with a schedule established by the chairman and at such other times
as necessary, upon a three-day written notice. Three members shall constitute
a quorum.
(Source: P.A. 89-375, eff. 8-18-95.)
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(15 ILCS 310/8c) (from Ch. 124, par. 108c)
Sec. 8c. Duties and powers of the Commission. The Merit Commission, in
addition to any other duties prescribed in this Act, shall have the following
duties and powers:
(1) Upon written recommendations by the Director of | ||
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(2) To require such special reports from the Director | ||
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(3) To disapprove original rules or any part thereof | ||
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(4) To disapprove within 30 calendar days from date | ||
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(5) To hear appeals of employees who do not accept | ||
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(6) To hear and approve or disapprove written charges | ||
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(7) (Blank).
(8) To make an annual report regarding the work of | ||
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(9) If any violation of this Act is found, the | ||
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(10) To appoint such employees, experts and special | ||
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(11) To promulgate rules and regulations necessary to | ||
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(12) Within one year of the effective date of this | ||
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(13) To hear or conduct investigations as it deems | ||
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(14) Upon the Governor of the State of Illinois | ||
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(Source: P.A. 101-640, eff. 6-12-20.)
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(15 ILCS 310/9) (from Ch. 124, par. 109)
Sec. 9. Hearings - disciplinary action. No certified officer or employee
under jurisdiction B, relating to merit and fitness, who has been appointed
under the rules and after examination, shall be removed, discharged or demoted,
or suspended for a period of more than 30 calendar days, except for cause, upon written
charges approved by the Director of Personnel, and after an opportunity
to be heard in his own defense if he makes written request to the Commission
within 15 calendar days after the serving of the written charges upon him.
Upon the receipt of such a request for hearing, the Commission shall grant
a hearing within 45 calendar days. The time and place of the hearing shall
be fixed by the Commission, and due notice thereof shall be given the Director
of Personnel and the employee. The hearing shall be public, and the officer
or employee is entitled to call witnesses in his own defense and to have
the aid of counsel. The finding of the Commission shall be rendered within 60
calendar days after the receipt of the transcript of the proceedings. If
the finding and decision is not rendered within 60 calendar days after receipt
of the transcript of the proceedings, the employee shall be considered to
be reinstated and shall receive full compensation for the period for which
he was suspended. The finding and decision of the Commission or officer
or board appointed by it to conduct such investigation, when approved by
the Commission, shall be certified to the Director, and shall be forthwith
enforced by the Director. In making its finding and decision, or in approving
the finding and decision of some officer or board appointed by it to conduct
such investigation the Merit Commission may, for disciplinary purposes,
suspend an employee for a period of time not to exceed 90 calendar days,
and in no event to exceed a period of 120 calendar days from the date of
any suspension of such employee, pending investigation of such charges.
If the Commission certifies a decision that an officer or employee is to
be retained in his position and if it does not order a suspension for disciplinary
purposes, the officer or employee shall receive full compensation for any
period during which he was suspended pending the investigation of the charges.
Nothing in this Section shall limit the authority to suspend an employee
for a reasonable period not exceeding 30 calendar days.
(Source: P.A. 98-810, eff. 8-1-14.)
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(15 ILCS 310/9a) (from Ch. 124, par. 109a)
Sec. 9a.
Hearings - transaction used as subterfuge for discharge.
A certified
employee who believes that he or she has been separated from employment
in the Office of the Secretary of State by a personnel transaction used
as a subterfuge for discharge may, within 15 calendar days after the final
decision of the Director of Personnel on the transaction, appeal in writing
to the Commission.
The appeal must allege specific facts which, if proven, would establish
a prima facie case that the employee was in effect discharged contrary to
and in violation of the requirements of Section 9 of this Act. Any appeal
which fails to allege sufficient and specific facts to support the allegation
may be summarily dismissed by the Commission. The Commission in due exercise
of its discretion may make its decision on the appeal after an investigation
of the allegations or it may order a hearing held on any disputed issues
of fact or law. In any hearing called under the provisions of this section
to resolve a dispute of fact, the employee has the burden of establishing
by the introduction of competent evidence a prima facie case proving that
the employee was pretextually discharged. Nothing in this section shall
be construed to preclude employees from timely asserting other rights
given to them under this Act.
(Source: P.A. 80-13.)
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(15 ILCS 310/9b) (from Ch. 124, par. 109b)
Sec. 9b.
Administrative review.
All final administrative decisions of
the Merit Commission shall be subject to judicial review pursuant to the
provisions of the Administrative Review Law, as heretofore or hereafter
amended. The term "administrative decision" is defined as in Section 3-101
of the Code of Civil Procedure.
(Source: P.A. 82-783.)
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(15 ILCS 310/9c) (from Ch. 124, par. 109c)
Sec. 9c.
Every employee reinstated for the period for which he was improperly
suspended, discharged or laid off shall receive full compensation for such period
notwithstanding the fact that any person was employed to perform any
duties of such employee during the time of such suspension, discharge or
layoff. For purposes of this Section 9c, full compensation shall mean
compensation such suspended, discharged or laid off employee would have
earned in the position classification during the period of suspension,
discharge or layoff less amounts earned by the employee from any other source
and unemployment compensation payments received during such period.
(Source: P.A. 83-441.)
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(15 ILCS 310/10) (from Ch. 124, par. 110)
Sec. 10.
Rules.
The Director of Personnel shall prepare and submit to
the Merit Commission proposed rules for all positions and employees subject
to this Act. Such rules or any part thereof shall have the force and effect
of law. Copies of all such rules, and of all changes therein, duly certified
by the Director of Personnel, shall be filed in the Office of the Secretary
of State. Before a new rule or an amendment to a rule may be adopted a
public hearing thereon, at which interested persons may be heard, shall
be conducted by the Department of Personnel. Notice of the times and places
of such hearings shall be given by the Department of Personnel, in such
form and manner as shall be prescribed by the Director. Proposed new rules
or amendments may be inspected by any interested person during regular business
hours at such office or offices of the Department of Personnel as may be
designated by the Director of Personnel at any time after service of notice
of time and place of hearing. After the hearing thereon, proposed new rules
or amendments may be revised by the Director of Personnel without further
hearing to incorporate changes suggested at such public hearing, and the
Director of Personnel may submit same to the Merit Commission with or
without revision. If proposed new rules or amendments so submitted are
not disapproved by the Commission within 30 calendar days after the
Commission's receipt thereof, they may be filed by the Director of
Personnel in the Office of the Secretary of State, and shall thereafter
have the force and effect of law, subject to the provisions of "The Illinois
Administrative Procedure Act", approved September 22, 1975, as amended.
The rules and amendments thereto shall include provisions as specified
in Sections 10a through 10e.
(Source: P.A. 83-333.)
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(15 ILCS 310/10a) (from Ch. 124, par. 110a)
Sec. 10a. Jurisdiction A - classification and pay. For positions in the
Office of the Secretary of State with respect to the classification and pay:
(1) For the preparation, maintenance, and revision by | ||
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(2) For a pay plan to be prepared by the Director for | ||
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(Source: P.A. 99-642, eff. 7-28-16.)
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(15 ILCS 310/10b) (from Ch. 124, par. 110b)
Sec. 10b.
Jurisdiction B - merit and fitness.
For positions in the Office
of the Secretary of State with respect to selection and tenure on a basis
of merit and fitness, those matters specified in Sections 10b.1 through 10b.17.
(Source: P.A. 80-13.)
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(15 ILCS 310/10b.1) (from Ch. 124, par. 110b.1)
Sec. 10b.1. Competitive examinations.
(a) For open competitive
examinations to test the relative fitness of applicants for the
respective positions. Tests shall be designed to eliminate those who
are not qualified for entrance into the Office of the Secretary of State
and to discover the relative fitness of those who are qualified. The
Director may use any one of or any combination of the following
examination methods which in his judgment best serves this end:
investigation of education and experience; test of cultural knowledge;
test of capacity; test of knowledge; test of manual skill; test of
linguistic ability; test of character; test of physical skill; test of
psychological fitness. No person with a record of misdemeanor
convictions except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1,
24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3,
and paragraphs (1), (6), and (8) of subsection (a) of Section 24-1 of the Criminal Code of
1961 or the Criminal Code of 2012, or arrested for any cause but not convicted thereon shall be
disqualified from taking such examinations or subsequent appointment
unless the person is attempting to qualify for a position which would
give him the powers of a peace officer, in which case the person's
conviction or arrest record may be considered as a factor in determining
the person's fitness for the position. All examinations shall be
announced publicly at least 2 weeks in advance of the date of
examinations and may be advertised through the press, radio or other
media.
The Director may, at his discretion, accept the results of
competitive examinations conducted by any merit system established by
Federal law or by the law of any state, and may compile eligible lists
therefrom or may add the names of successful candidates in examinations
conducted by those merit systems to existing eligible lists in
accordance with their respective ratings. No person who is a
non-resident of the State of Illinois may be appointed from those
eligible lists, however, unless the requirement that applicants be
residents of the State of Illinois is waived by the Director of
Personnel and unless there are less than 3 Illinois residents available
for appointment from the appropriate eligible list. The results of the
examinations conducted by other merit systems may not be used unless
they are comparable in difficulty and comprehensiveness to examinations
conducted by the Department of Personnel for similar positions. Special
linguistic options may also be established where deemed appropriate.
(b) The Director of Personnel may require that each person seeking
employment with the Secretary of State, as part of the application
process, authorize an investigation to determine if the applicant has
ever been convicted of a crime and if so, the disposition of those
convictions; this authorization shall indicate the scope of the inquiry
and the agencies which may be contacted. Upon this authorization, the
Director of Personnel may request and receive information and assistance
from any federal, state or local governmental agency as part of the
authorized investigation. The investigation shall be undertaken after the
fingerprinting of an applicant in the form and manner prescribed by the
Illinois State Police. The investigation shall consist of a criminal
history records check performed by the Illinois State Police and the
Federal Bureau of Investigation, or some other entity that has the ability to
check the applicant's fingerprints against the fingerprint records now and
hereafter filed in the Illinois State Police and Federal Bureau of
Investigation criminal history records databases. If the Illinois State Police and the Federal Bureau of Investigation
conduct an investigation directly for the Secretary of State's Office, then
the Illinois State Police shall charge a fee for conducting the criminal
history records check, which shall be deposited in the State Police Services
Fund and shall not exceed the actual cost of the records check. The
Illinois State Police shall
provide information concerning any criminal convictions, and their
disposition, brought against the applicant or prospective employee of
the Secretary of State upon request of the Department of Personnel when
the request is made in the form and manner required by the Illinois State Police. The information derived from this investigation,
including the source of this information, and any conclusions or
recommendations derived from this information by the Director of
Personnel shall be provided to the applicant or prospective employee, or
his designee, upon request to the Director of Personnel prior to any
final action by the Director of Personnel on the application. No
information obtained from such investigation may be placed in any
automated information system. Any criminal convictions and their
disposition information obtained by the Director of Personnel shall be
confidential and may not be transmitted outside the Office of the
Secretary of State, except as required herein, and may not be
transmitted to anyone within the Office of the Secretary of State except
as needed for the purpose of evaluating the application. The only
physical identity materials which the applicant or prospective employee
can be required to provide the Director of Personnel are photographs or
fingerprints; these shall be returned to the applicant or prospective
employee upon request to the Director of Personnel, after the
investigation has been completed and no copy of these materials may be
kept by the Director of Personnel or any agency to which such identity
materials were transmitted. Only information and standards which bear a
reasonable and rational relation to the performance of an employee shall
be used by the Director of Personnel. The Secretary of State shall
adopt rules and regulations for the administration of this Section. Any
employee of the Secretary of State who gives or causes to be given away
any confidential information concerning any criminal convictions and
their disposition of an applicant or prospective employee shall be
guilty of a Class A misdemeanor unless release of such information is
authorized by this Section.
(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(15 ILCS 310/10b.2) (from Ch. 124, par. 110b.2)
Sec. 10b.2.
Promotions.
For promotions which shall give consideration
to the applicant's qualifications and performance record, seniority and
conduct. An advancement in rank or grade to a vacant position constitutes a promotion.
(Source: P.A. 80-13.)
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(15 ILCS 310/10b.3) (from Ch. 124, par. 110b.3)
Sec. 10b.3.
Eligible lists.
For the establishment of eligible lists
for appointment to positions in the Office of the Secretary of State upon
which lists shall be placed the names of successful candidates in order
of their relative excellence in the respective examinations. The Director
may establish eligible list by numerical ratings or rankings such as superior,
excellent, qualified or well-qualified. Such rules may provide for lists
by area or location, for removal of those not available for or refusing
employment, for minimum and maximum duration of such lists, and for such
other provisions as may be necessary.
(Source: P.A. 80-13.)
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(15 ILCS 310/10b.4) (from Ch. 124, par. 110b.4)
Sec. 10b.4.
Rejection of candidates or eligibles.
For the rejection of
candidates or eligibles who fail to comply with reasonable, previously specified
job requirements of the Director in regard to such factors as physical and
psychological condition, training and experience; who have been guilty of
infamous or disgraceful conduct; who are addicted to alcohol
to excess or to controlled substances; or who have attempted any deception
or fraud in connection with an examination.
(Source: P.A. 80-13.)
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(15 ILCS 310/10b.5) (from Ch. 124, par. 110b.5)
Sec. 10b.5.
Appointments.
For the appointment of a person standing among
the 10 highest on the appropriate eligible list to fill a
vacancy, or from
the highest ranking group if the list is by rankings instead of numerical
ratings, except as otherwise provided in paragraph (2) of Section 5C and
Section 16 of this Act.
(Source: P.A. 93-403, eff. 8-1-03.)
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(15 ILCS 310/10b.6) (from Ch. 124, par. 110b.6)
Sec. 10b.6.
Period of probation.
For a period of probation not to
exceed six months before appointment or promotion is complete, and during
which period a probationer may, with the consent of the Director of Personnel,
be discharged or reduced in class or rank, or replaced on the eligible list.
(Source: P.A. 80-13.)
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(15 ILCS 310/10b.7) (from Ch. 124, par. 110b.7) (Text of Section before amendment by P.A. 103-746) Sec. 10b.7. For the granting of 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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(2) "Armed forces of the United States" means the | ||
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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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(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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(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
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 jurisdiction B 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. 87-796.) (Text of Section after amendment by P.A. 103-746) Sec. 10b.7. For the granting of 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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(2) "Armed forces of the United States" means the | ||
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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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(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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(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 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 jurisdiction B 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.) |
(15 ILCS 310/10b.8) (from Ch. 124, par. 110b.8)
Sec. 10b.8.
Emergency appointments.
For emergency appointments to any
position in the Office of the Secretary of State for a period not to exceed
90 calendar days, to meet emergency situations. Emergency appointments
may be made without regard to eligible lists but may not be renewed.
(Source: P.A. 80-13.)
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(15 ILCS 310/10b.9) (from Ch. 124, par. 110b.9)
Sec. 10b.9.
Temporary appointments.
For temporary appointments for a
period not to exceed 6 months out of any 12 month period to any position
in the Office of the Secretary of State determined to be temporary or seasonal
in nature by the Director of personnel.
(Source: P.A. 80-13.)
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(15 ILCS 310/10b.10) (from Ch. 124, par. 110b.10)
Sec. 10b.10.
Provisional appointments.
For provisional appointments for
a period not to exceed 6 months out of any 12 month period to a position
without competitive examination when there is no appropriate eligible list available.
(Source: P.A. 80-13.)
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(15 ILCS 310/10b.11) (from Ch. 124, par. 110b.11)
Sec. 10b.11.
Transfers.
For transfer from a position to a similar position
involving similar qualifications, duties, responsibilities and salary ranges.
If a transfer is from one geographical location in the State to another,
and the employee has not requested such transfer, then the employee shall be
reimbursed for all reasonable transportation expense incurred in connection
with moving to such new location.
(Source: P.A. 80-13.)
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(15 ILCS 310/10b.12) (from Ch. 124, par. 110b.12)
Sec. 10b.12.
Reinstatements.
For reinstatements with the approval of
the Director of Personnel of persons who held certified status under this
Code, the "Personnel Code" or the University Civil Service System of Illinois
and who resign in good standing or who are laid off.
(Source: P.A. 80-13.)
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(15 ILCS 310/10b.13) (from Ch. 124, par. 110b.13)
Sec. 10b.13.
Layoffs.
For layoffs by reason of lack of funds or work,
abolition of a position or material change in duties or organization and
for reemployment of employees so laid off, giving consideration in both
layoffs and reemployment to seniority in service and performance record.
The rules may provide for the reinstatement of sick leave and vacation
days not liquidated in money upon the reemployment without regard to time
of reemployment of any employee who is the subject of a layoff under these rules.
(Source: P.A. 83-441.)
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(15 ILCS 310/10b.14) (from Ch. 124, par. 110b.14)
Sec. 10b.14.
Performance records.
To foster staff development and utilization
by means of records of performance of all employees in the Office
of the Secretary of State. The performance records may be considered in
determining salary increases provided in the Pay Plan. The performance
records shall be considered as a factor in determining salary decreases,
the order of layoffs due to a lack of funds or work, reinstatement, demotions,
discharges and geographical transfers.
(Source: P.A. 80-13.)
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(15 ILCS 310/10b.15) (from Ch. 124, par. 110b.15)
Sec. 10b.15.
Disciplinary actions.
For the imposition as a disciplinary
measure of suspension from the Office of the Secretary of State without
pay for not longer than 30 calendar days. Notice of such disciplinary action shall
be given in writing immediately to the Director of Personnel, who may review
any such actions.
(Source: P.A. 80-13.)
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(15 ILCS 310/10b.16) (from Ch. 124, par. 110b.16)
Sec. 10b.16.
Discharge or demotion - hearings - statement of reasons.
For hearing before discharge or demotion with the prior approval of the
Director of Personnel only for cause after appointment is completed, after
the person to be discharged or demoted has been presented in writing with
the reasons for requesting such discharge or demotion. The statement of
reasons shall be filed immediately with the Director of Personnel.
(Source: P.A. 80-13.)
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(15 ILCS 310/10b.17) (from Ch. 124, par. 110b.17)
Sec. 10b.17.
Trainee programs.
For trainee programs and for the appointment
of persons to positions in trainee programs, hereinafter called "trainee appointments".
Trainee appointments may be made with or without examination, but may not
be made to positions in any class that is not in a trainee program approved
by the Director of Personnel. Persons who receive trainee appointments
do not acquire any rights under jurisdiction B of the Merit Employment Code
by virtue of their appointments.
(Source: P.A. 80-13.)
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(15 ILCS 310/10b.18) (from Ch. 124, par. 110b.18)
Sec. 10b.18. Veterans hospital visits. An employee who is also a
veteran shall be permitted 4 days per year to visit a veterans hospital for
examination of a military service connected disability. The 4 days shall
not be charged against any sick leave currently available to the employee.
(Source: P.A. 97-949, eff. 8-13-12.)
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(15 ILCS 310/10c) (from Ch. 124, par. 110c)
Sec. 10c.
Jurisdiction C - conditions of employment.
For positions
in the Office of the Secretary of State with respect to conditions of
employment:
(1) For establishment of a plan for resolving employee grievances
and complaints, excluding compulsory arbitration.
(2) For hours of work, holidays and attendance regulation in the
various classes of positions in the Office of the Secretary of State;
for annual, sick and special leaves of absence, with or without pay or
with reduced pay; for compensatory time off for overtime or for pay for
overtime, and for the rate at which compensatory time off is to be
allowed or for the rate which is to be paid for overtime. If the
services of an employee in the Office of the Secretary of State are
terminated by reason of his retirement, disability or death, he or his
estate, as the case may be, shall be paid a lump sum for the number of
days for leave for personal business which the employee had accumulated
but not used as of the date his services were terminated, in an amount
equal to 1/2 of his pay per working day times the number of such leave
days so accumulated and not used.
(3) For the development and operation of programs to improve the
work effectiveness and morale of employees in the Office of the
Secretary of State, including training, safety, health, welfare,
counseling and employee relations.
(4) For the establishment of a sick pay plan in accordance with Section
36 of "An Act in relation to State finance", approved June 10, 1919, as
amended.
(Source: P.A. 81-1472.)
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(15 ILCS 310/10d) (from Ch. 124, par. 110d)
Sec. 10d.
Extension to exempt positions.
For the extension of all or
any of the jurisdictions of the Department of Personnel to positions exempted
by this Act.
(Source: P.A. 80-13.)
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(15 ILCS 310/10e) (from Ch. 124, par. 110e)
Sec. 10e.
For such other rules and administrative regulations, not inconsistent
with this law, as may be proper and necessary for the accomplishment of
the purposes of this law.
(Source: P.A. 80-13.)
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(15 ILCS 310/11) (from Ch. 124, par. 111)
Sec. 11.
Transfers from other merit systems.
Any employee subject to
the jurisdiction of the "Personnel Code" as established under the Governor
of the State of Illinois or any employee subject to the jurisdiction of
the University Civil Service System of Illinois who is an active employee
and has been certified under either merit system may, with the approval
of the Director of Personnel, be transferred to a comparable position of
employment subject to the provisions of this Code. Said employee shall
retain the same status in the merit system established by this Code as held
under the "Personnel Code" or the University Civil Service System of Illinois.
(Source: P.A. 80-13.)
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(15 ILCS 310/12) (from Ch. 124, par. 112)
Sec. 12. (a) Except as provided in subsection (b), employees of the Office of the Secretary of State - election
to public office - leave of absence - re-entry of service. Any person holding
a position in the Office of the Secretary of State, who is elected to public
office, shall, upon request, be granted a leave of absence, without pay,
from such position. The leave of absence shall continue so long as he or she remains
an elected officer or for a period of 5 years, whichever is shorter.
If such person files a written request with the Director of Personnel to
re-enter active service with the Office of the Secretary of State within
the 30 day period following the termination of his or her leave of absence he or she may be reinstated to his or her former position or a position
of comparable duties, responsibilities, and pay. The Office of the Secretary of State shall, by mail, notify an employee on leave of absence under this Section on the effective date of this amendatory Act of the 98th General Assembly of the leave of absence change.
(b) Employees on leave of absence under this Section on the effective date of this amendatory Act of the 98th General Assembly are subject to the following conditions: (1) An employee whose leave of absence has not | ||
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(2) An employee whose leave of absence has exceeded 5 | ||
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(Source: P.A. 98-175, eff. 8-5-13.)
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(15 ILCS 310/13) (from Ch. 124, par. 113)
Sec. 13.
Unlawful acts prohibited.
(1) No person shall make any false statement, certificate, mark, rating
or report with regard to any test, certification, or appointment made under
any provision of this law, or in any manner commit or attempt to commit
any fraud preventing the impartial execution of this law and the rules.
(2) No person shall, directly or indirectly, give, render, pay, offer,
solicit, or accept any money, service, or other valuable consideration for
or on account of any appointment, proposed appointment, promotion, or proposed
promotion to, or any advantage in, a position in the Office of the Secretary of State.
(3) No person shall defeat, deceive, or obstruct any person in his right
to examination, eligibility, certification, or appointment under this law,
or furnish to any person any special or secret information for the purpose
of affecting the rights or prospects of any person with respect to employment
in the Office of the Secretary of State.
(Source: P.A. 80-13.)
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(15 ILCS 310/14) (from Ch. 124, par. 114)
Sec. 14.
Records of the Department of Personnel.
The records of the Department,
including eligible registers, except such records as the rules may properly
require to be held confidential for reasons of public policy, shall be public
records and shall be open to public inspection, subject to reasonable regulations
as to the time and manner of inspection which may be prescribed by the Director.
(Source: P.A. 80-13.)
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(15 ILCS 310/15) (from Ch. 124, par. 115)
Sec. 15.
Oaths, testimony, and the production of records.
The Commission,
each member of the Commission and the Director shall have power to administer
oaths, subpoena witnesses, and compel the production of books and papers
pertinent to any investigation or hearing authorized by this law. Any person
who shall fail to appear in response to a subpoena or to answer any question
or produce any books or papers pertinent to any such investigation or hearing
or who shall knowingly give false testimony in relation to any investigation
or hearing under this Act shall be guilty of a Class A misdemeanor.
(Source: P.A.80-13.)
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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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(15 ILCS 310/17) (from Ch. 124, par. 117)
Sec. 17.
Ethics disclosure.
No employee of the Office of the Secretary
of State may violate any constitutional or statutory requirement to make
ethics disclosure, and violation thereof shall be a basis for discharge
notwithstanding any other provision of this Act.
(Source: P.A. 80-13.)
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(15 ILCS 310/17.5) Sec. 17.5. State Officials and Employees Ethics Act. (a) Disciplinary action under the State Officials and Employees Ethics Act against a person subject to this Act is within the jurisdiction of the Executive Ethics Commission and is not within the jurisdiction of this Act. (b) Any hearing to contest disciplinary action against a person subject to this Act pursuant to an agreement between an Executive Inspector General and an ultimate jurisdictional authority, as defined in the State Officials and Employees Ethics Act, shall be conducted by the Executive Ethics Commission and not under this Act, at the request of that person.
(Source: P.A. 96-555, eff. 8-18-09.) |
(15 ILCS 310/18) (from Ch. 124, par. 118)
Sec. 18.
Affirmative Action.
The Secretary of State shall appoint an
Equal Employment Opportunity Officer who shall serve until his or her successor
is appointed and qualified.
(Source: P.A. 80-13.)
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(15 ILCS 310/18a) (from Ch. 124, par. 118a)
Sec. 18a. Equal Employment Opportunity Plan. The Equal Employment Opportunity
Officer shall, within 90 days after the effective date of this Act and annually
thereafter, submit to the Secretary of State a plan for assuring equal employment
opportunity. This plan shall include a current detailed status report (a)
indicating, by each position in the service of the Secretary of State, the
number, percentage, and average salary of women, minorities, and individuals with disabilities employed; (b) identifying all positions in which the percentage
of women, minorities, and individuals with disabilities employed is less than 4/5 the percentage
of women, minorities, and individuals with disabilities in the State work force; (c) specifying
the goals and methods for increasing the percentage of women, minorities,
and individuals with disabilities employed in these positions; and (d) indicating progress
and problems towards meeting equal employment opportunity goals.
(Source: P.A. 99-143, eff. 7-27-15.)
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(15 ILCS 310/18b) (from Ch. 124, par. 118b)
Sec. 18b. Duties of Secretary of State's Equal Employment Opportunity
Officer.
The Secretary of State's Equal Employment Opportunity Officer shall: (1) set forth a detailed and uniform method and | ||
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(2) establish reporting procedures for measuring | ||
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(3) provide technical assistance and training to | ||
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(4) develop and implement training programs to help | ||
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(5) report quarterly to the Secretary of State on | ||
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(6) head a staff to assist him or her in performing | ||
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(Source: P.A. 99-143, eff. 7-27-15.)
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(15 ILCS 310/18c) (from Ch. 124, par. 118c)
Sec. 18c. Supported employees.
(a) The Director shall develop and implement a supported employment
program. It shall be the goal of the program to appoint a minimum of 10
supported employees to Secretary of State positions before June 30, 1992.
(b) The Director shall designate a liaison to work with State agencies
and departments under the jurisdiction of the Secretary of State and any
funder or provider or both 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 | ||
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(B) has one or more physical or mental | ||
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(2) "Supported employment" means competitive work in | ||
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(A) for individuals with severe disabilities for | ||
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(B) for individuals for whom competitive | ||
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(3) "Participation in a supported employee program" | ||
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(4) "Funder" means any entity either State, local or | ||
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(5) "Provider" means any entity either public or | ||
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(d) The Director 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 Director 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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(3) the number of permanent targeted positions by | ||
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(f) The Director 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.)
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(15 ILCS 310/19) (from Ch. 124, par. 119)
Sec. 19.
Penalties.
Except as otherwise provided, any person who willfully
violates any provision of this Act or of the rules shall be guilty of a
Class B misdemeanor. Each violation shall constitute a separate and distinct offense.
(Source: P.A. 80-13.)
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