State of Illinois
90th General Assembly
Legislation

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90_SB1225ham002

                                             LRB9005893MWcdam
 1                    AMENDMENT TO SENATE BILL 1225
 2        AMENDMENT NO.     .  Amend Senate Bill 1225 by  replacing
 3    the title with the following:
 4        "AN  ACT  to  amend  the  Metropolitan  Water Reclamation
 5    District by changing Section 4."; and
 6    by replacing everything after the enacting  clause  with  the
 7    following:
 8        "Section  5.  The Metropolitan Water Reclamation District
 9    Act is amended by changing Section 4 as follows:
10        (70 ILCS 2605/4) (from Ch. 42, par. 323)
11        Sec.  4.  The  commissioners  elected  under   this   Act
12    constitute a board of commissioners for the district by which
13    they  are  elected,  which  board  of  commissioners  is  the
14    corporate   authority  of  the  sanitary  district,  and,  in
15    addition to all other powers specified  in  this  Act,  shall
16    establish  the  policies  and goals of the sanitary district.
17    The general superintendent, in addition to all  other  powers
18    specified  in  this  Act,  shall  manage  and control all the
19    affairs and property  of  the  sanitary  district  and  shall
20    regularly  report  to  the  Board  of  Commissioners  on  the
21    activities of the sanitary district in executing the policies
                            -2-              LRB9005893MWcdam
 1    and  goals  established  by  the  board.   At  the  regularly
 2    scheduled   meeting  of  odd  numbered  years  following  the
 3    induction of new commissioners  the  board  of  commissioners
 4    shall   elect   from   its  own  number  a  president  and  a
 5    vice-president to serve in the absence of the president,  and
 6    the  chairman  of  the  committee on finance. The board shall
 7    provide by rule when a vacancy occurs in the  office  of  the
 8    president,  vice-president,  or the chairman of the committee
 9    on finance and the manner of filling such vacancy.
10        The board shall appoint from outside its own  number  the
11    general superintendent and treasurer for the district.
12        The  general  superintendent  must  be  a resident of the
13    sanitary district and a citizen of  the  United  States.   He
14    must be selected solely upon his administrative and technical
15    qualifications   and   without   regard   to   his  political
16    affiliations.
17        In the event of illness or other prolonged absence, death
18    or resignation creating  a  vacancy  in  the  office  of  the
19    general   superintendent,   or   treasurer,   the   board  of
20    commissioners may appoint an acting officer from outside  its
21    own number, to perform the duties and responsibilities of the
22    office during the term of the absence or vacancy.
23        The general superintendent with the advice and consent of
24    the board of commissioners, shall appoint the chief engineer,
25    chief  of  maintenance and operations, director of personnel,
26    purchasing agent, clerk, attorney, director of  research  and
27    development,  and  director of information technology.  These
28    constitute  the  heads  of  the  Department  of  Engineering,
29    Maintenance and Operations, Personnel,  Purchasing,  Finance,
30    Law,  Research  and  Development, and Information Technology,
31    respectively.  No other departments or heads  of  departments
32    may be created without subsequent amendment to this Act.  All
33    such department heads are under the direct supervision of the
34    general superintendent.
                            -3-              LRB9005893MWcdam
 1        The director of personnel must be qualified under Section
 2    4.2a of this Act.
 3        The  purchasing agent must be selected in accordance with
 4    Section 11.16 of this Act.
 5        In the event of illness or other prolonged absence, death
 6    or resignation creating a vacancy  in  the  office  of  chief
 7    engineer,  chief  of  maintenance and operations, director of
 8    personnel, purchasing agent,  clerk,  attorney,  director  of
 9    research   and   development,   or  director  of  information
10    technology,  the  general  superintendent  shall  appoint  an
11    acting officer to perform the duties and responsibilities  of
12    the  office  during  the term of the absence or vacancy.  Any
13    such officers appointed in an acting capacity are  under  the
14    direct supervision of the general superintendent.
15        All  appointive  officers  and acting officers shall give
16    bond as may be required by the board.
17        The general  superintendent,  treasurer,  acting  general
18    superintendent and acting treasurer hold their offices at the
19    pleasure of the board of commissioners.
20        The  acting  chief  engineer, acting chief of maintenance
21    and operations, acting purchasing agent, acting  director  of
22    personnel,  acting clerk, acting attorney, acting director of
23    research and development, and acting director of  information
24    technology  hold their offices at the pleasure of the general
25    superintendent.
26        The chief engineer, chief of maintenance and  operations,
27    director  of  personnel,  purchasing  agent, clerk, attorney,
28    director  of  research  and  development,  and  director   of
29    information  technology  may be removed from office for cause
30    by  the  general  superintendent.   Prior  to  removal,  such
31    officers are entitled to a public hearing before the  general
32    superintendent  at  which  hearing they may be represented by
33    counsel.  Before  the  hearing,  the  general  superintendent
34    shall  notify  the  board of commissioners of the date, time,
                            -4-              LRB9005893MWcdam
 1    place and nature of the hearing.
 2        In addition to the  attorney  appointed  by  the  general
 3    superintendent,  the  board of commissioners may appoint from
 4    outside its own number an attorney,  or  retain  counsel,  to
 5    advise  the board of commissioners with respect to its powers
 6    and duties and with respect to legal questions and matters of
 7    policy for which the board of commissioners is responsible.
 8        The general superintendent is  the  chief  administrative
 9    officer   of  the  district,  has  supervision  over  and  is
10    responsible for all administrative and operational matters of
11    the sanitary district including the duties of  all  employees
12    which  are  not  otherwise  designated  by  law,  and  is the
13    appointing authority as specified in  Section  4.11  of  this
14    Act.
15        The  board,  through  the  budget  process, shall fix the
16    compensation  of  all  the  officers  and  employees  of  the
17    sanitary district.
18        The compensation of board members shall be fixed  by  the
19    board,  with  the  affirmative  vote  of  at least 2/3 of the
20    members.  The board may provide additional  compensation  for
21    its  president,  vice president, and committee chairmen.  The
22    board may provide for travel and expense allowances.
23        Any incumbent of the office of president may  appoint  an
24    administrative  aide,  which  appointment  remains  in  force
25    during his incumbency unless revoked by the president.
26        Effective  upon  the  election  in  January,  1985 of the
27    president and vice-president of the  board  of  commissioners
28    and  the  chairman  of  the  committee on finance, the annual
29    salary of  the  president  shall  be  $37,500  and  shall  be
30    increased  to  $39,500  in January, 1987, $41,500 in January,
31    1989, and $50,000 in January, 1991; the annual salary of  the
32    vice-president  shall  be  $35,000  and shall be increased to
33    $37,000 in  January,  1987,  $39,000  in  January,  1989  and
34    $45,000  in January, 1991; the annual salary  of the chairman
                            -5-              LRB9005893MWcdam
 1    of the committee on finance shall be  $32,500  and  shall  be
 2    increased  to  $34,500  in January, 1987, $36,500 in January,
 3    1989 and $45,000 in January, 1991.
 4        The annual salaries of the other  members  of  the  Board
 5    shall be as follows:
 6        For  the three members elected in November, 1980, $26,500
 7    per annum for the first two years of the  term;  $28,000  per
 8    annum  for  the  next  two  years of the term and $30,000 per
 9    annum for the last two years.
10        For the three members elected in November, 1982,  $28,000
11    per annum for the first two years of the term and $30,000 per
12    annum thereafter.
13        For members elected in November, 1984, $30,000 per annum.
14        For  the three members elected in November, 1986, $32,000
15    for each of the first two years of the term, $34,000 for each
16    of the next two years and $36,000 for the last two years;
17        For three members elected in November, 1988, $34,000  for
18    each  of the first two years of the term and $36,000 for each
19    year thereafter.
20        For members elected  in  November,  1990  or  thereafter,
21    $40,000.
22        The  board  of  commissioners  has full power to pass all
23    necessary  ordinances,   orders,   rules,   resolutions   and
24    regulations  for  the  proper  management  and conduct of the
25    business of the board of commissioners  and  the  corporation
26    and  for  carrying  into  effect  the  object  for  which the
27    sanitary district is formed.  All ordinances, orders,  rules,
28    resolutions   and   regulations   passed   by  the  board  of
29    commissioners must, before they take effect, be  approved  by
30    the  president of the board of commissioners.  If he approves
31    thereof, he shall sign them, and such as he does not  approve
32    he  shall  return  to  the  board  of  commissioners with his
33    objections in writing at the  next  regular  meeting  of  the
34    board  of  commissioners occurring after the passage thereof.
                            -6-              LRB9005893MWcdam
 1    Such  veto  may  extend  to  any  one  or   more   items   or
 2    appropriations   contained   in   any   ordinance  making  an
 3    appropriation, or to  the  entire  ordinance.   If  the  veto
 4    extends  to  a  part  of  such  ordinance,  the residue takes
 5    effect.  If the president  of  such  board  of  commissioners
 6    fails  to  return  any  ordinance, order, rule, resolution or
 7    regulation with his objections thereto in the time  required,
 8    he  is  deemed  to  have  approved  it,  and  it takes effect
 9    accordingly.  Upon the return of any ordinance, order,  rule,
10    resolution, or regulation by the president, the vote by which
11    it   was   passed  must  be  reconsidered  by  the  board  of
12    commissioners, and if upon such reconsideration two-thirds of
13    all the members agree by yeas and nays to pass it,  it  takes
14    effect  notwithstanding  the  president's  refusal to approve
15    thereof.
16        It is the policy of this State that all  powers  granted,
17    either  expressly or by necessary implication, by this Act or
18    any other Illinois statute to the District may  be  exercised
19    by the District notwithstanding effects on competition. It is
20    the  intention of the General Assembly that the "State action
21    exemption" to the application of federal  antitrust  statutes
22    be  fully  available  to  the  District  to  the  extent  its
23    activities are authorized by law as stated herein.
24    (Source: P.A. 86-520; 87-1146.)
25        Section  99.  Effective date.  This Act takes effect upon
26    becoming law.".

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