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92_HB4242 LRB9212594EGfg 1 AN ACT in relation to the Metropolitan Water Reclamation 2 District. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Metropolitan Water Reclamation District 6 Act is amended by changing Section 4 as follows: 7 (70 ILCS 2605/4) (from Ch. 42, par. 323) 8 Sec. 4. Board; officers; powers. 9 (a) The commissioners elected under this Act constitute 10 a board of commissioners for the district by which they are 11 elected, which board of commissioners is the corporate 12 authority of the sanitary district, and, in addition to all 13 other powers specified in this Act, shall establish the 14 policies and goals of the sanitary district. The general 15 superintendent, in addition to all other powers specified in 16 this Act, shall manage and control all the affairs and 17 property of the sanitary district and shall regularly report 18 to the Board of Commissioners on the activities of the 19 sanitary district in executing the policies and goals 20 established by the board. At the regularly scheduled meeting 21 of odd numbered years following the induction of new 22 commissioners the board of commissioners shall elect from its 23 own number a president and a vice-president to serve in the 24 absence of the president, and the chairman of the committee 25 on finance. The board shall provide by rule when a vacancy 26 occurs in the office of the president, vice-president, or the 27 chairman of the committee on finance and the manner of 28 filling such vacancy. 29 (b) The board shall appoint from outside its own number 30 the general superintendent and treasurer for the district. 31 The general superintendent must be a resident of the -2- LRB9212594EGfg 1 sanitary district and a citizen of the United States. He 2 must be selected solely upon his administrative and technical 3 qualifications and without regard to his political 4 affiliations. 5 In the event of illness or other prolonged absence, death 6 or resignation creating a vacancy in the office of the 7 general superintendent, or treasurer, the board of 8 commissioners may appoint an acting officer from outside its 9 own number, to perform the duties and responsibilities of the 10 office during the term of the absence or vacancy. 11 (c) The general superintendent, with the advice and 12 consent of the board of commissioners, shall appoint the 13 chief engineer, chief of maintenance and operations, director 14 of personnel, purchasing agent, clerk, attorney, director of 15 research and development, and director of information 16 technology. These constitute the heads of the Department of 17 Engineering, Maintenance and Operations, Personnel, 18 Purchasing, Finance, Law, Research and Development, and 19 Information Technology, respectively. No other departments 20 or heads of departments may be created without subsequent 21 amendment to this Act. All such department heads are under 22 the direct supervision of the general superintendent. 23 The director of personnel must be qualified under Section 24 4.2a of this Act. 25 The purchasing agent must be selected in accordance with 26 Section 11.16 of this Act. 27 In the event of illness or other prolonged absence, death 28 or resignation creating a vacancy in the office of chief 29 engineer, chief of maintenance and operations, director of 30 personnel, purchasing agent, clerk, attorney, director of 31 research and development, or director of information 32 technology, the general superintendent shall appoint an 33 acting officer to perform the duties and responsibilities of 34 the office during the term of the absence or vacancy. Any -3- LRB9212594EGfg 1 such officers appointed in an acting capacity are under the 2 direct supervision of the general superintendent. 3 All appointive officers and acting officers shall give 4 bond as may be required by the board. 5 (d) The general superintendent, treasurer, acting 6 general superintendent and acting treasurer hold their 7 offices at the pleasure of the board of commissioners. 8 The acting chief engineer, acting chief of maintenance 9 and operations, acting purchasing agent, acting director of 10 personnel, acting clerk, acting attorney, acting director of 11 research and development, and acting director of information 12 technology hold their offices at the pleasure of the general 13 superintendent. 14 The chief engineer, chief of maintenance and operations, 15 director of personnel, purchasing agent, clerk, attorney, 16 director of research and development, and director of 17 information technology may be removed from office for cause 18 by the general superintendent. Prior to removal, such 19 officers are entitled to a public hearing before the general 20 superintendent at which hearing they may be represented by 21 counsel. Before the hearing, the general superintendent 22 shall notify the board of commissioners of the date, time, 23 place and nature of the hearing. 24 (e) In addition to the attorney appointed by the general 25 superintendent, the board of commissioners may appoint from 26 outside its own number an attorney, or retain counsel, to 27 advise the board of commissioners with respect to its powers 28 and duties and with respect to legal questions and matters of 29 policy for which the board of commissioners is responsible. 30 (f) The general superintendent is the chief 31 administrative officer of the district, has supervision over 32 and is responsible for all administrative and operational 33 matters of the sanitary district including the duties of all 34 employees which are not otherwise designated by law, and is -4- LRB9212594EGfg 1 the appointing authority as specified in Section 4.11 of this 2 Act. 3 (g)The board, through the budget process, shall fix the4compensation of all the officers and employees of the5sanitary district.Any incumbent of the office of president 6 may appoint an administrative aide which appointment remains 7 in force during his incumbency unless revoked by the 8 president. 9 (h) The board, through the budget process, shall fix the 10 compensation of all the officers and employees of the 11 sanitary district. 12 (i) The annual salaries of the officers of the board 13 shall be as follows: 14 The annual salary of the president of the board of 15 commissioners shall be $60,000 until the election in January, 16 2003; beginning with the election in January, 2003, it shall 17 be $60,000 plus the annual cost of living adjustment 18 specified in this subsection. 19 The annual salary of the vice-president of the board of 20 commissioners shall be $55,000 until the election in January, 21 2003; beginning with the election in January, 2003, it shall 22 be $55,000 plus the annual cost of living adjustment 23 specified in this subsection. 24 The annual salary of the chairman of the committee on 25 finance shall be $55,000 until the election in January, 2003; 26 beginning with the election in January, 2003, it shall be 27 $55,000 plus the annual cost of living adjustment specified 28 in this subsection. 29Effective upon the election in January, 1985 of the president30and vice-president of the board of commissioners and the31chairman of the committee on finance, the annual salary of32the president shall be $37,500 and shall be increased to33$39,500 in January, 1987, $41,500 in January, 1989, $50,00034in January, 1991, and $60,000 in January, 2001; the annual-5- LRB9212594EGfg 1salary of the vice-president shall be $35,000 and shall be2increased to $37,000 in January, 1987, $39,000 in January,31989, $45,000 in January, 1991, and $55,000 in January, 2001;4the annual salary of the chairman of the committee on finance5shall be $32,500 and shall be increased to $34,500 in6January, 1987, $36,500 in January, 1989, $45,000 in January,71991, and $55,000 in January, 2001.8 The annual salaries of the other members of the Board 9 shall be as follows: 10For the three members elected in November, 1980, $26,50011per annum for the first two years of the term; $28,000 per12annum for the next two years of the term and $30,000 per13annum for the last two years.14For the three members elected in November, 1982, $28,00015per annum for the first two years of the term and $30,000 per16annum thereafter.17For members elected in November, 1984, $30,000 per annum.18For the three members elected in November, 1986, $32,00019for each of the first two years of the term, $34,000 for each20of the next two years and $36,000 for the last two years;21For three members elected in November, 1988, $34,000 for22each of the first two years of the term and $36,000 for each23year thereafter.24 For members elected in November,1990, 1992,1994, 1996, 25 or 1998, $40,000. 26 For members elected in November, 2000and thereafter, 27 $50,000. 28 For members elected in November, 2002 and thereafter, 29 $50,000 plus the annual cost of living adjustment specified 30 in this subsection. 31 The annual cost of living adjustment shall be a 32 percentage increase in salary equal to the percentage 33 increase, if any, in the cost of living index known as the 34 "Employment Cost Index, Wages and Salaries, by Occupation and -6- LRB9212594EGfg 1 Industry Group: State and Local Government Workers: Public 2 Administration", as published by the United States Department 3 of Labor, Bureau of Labor Statistics, for the 12 months 4 ending with the month of June preceding the January in which 5 the adjustment is to take effect. The annual cost of living 6 adjustment shall take effect January 1, except that the 7 actual salary paid to any person holding office as an officer 8 or other member of the board on the effective date of this 9 amendatory Act of the 92nd General Assembly shall not include 10 the annual cost of living adjustment until the expiration of 11 that term as an officer or other member of the board. 12 (j) The board of commissioners has full power to pass 13 all necessary ordinances, orders, rules, resolutions and 14 regulations for the proper management and conduct of the 15 business of the board of commissioners and the corporation 16 and for carrying into effect the object for which the 17 sanitary district is formed. All ordinances, orders, rules, 18 resolutions and regulations passed by the board of 19 commissioners must, before they take effect, be approved by 20 the president of the board of commissioners. If he approves 21 thereof, he shall sign them, and such as he does not approve 22 he shall return to the board of commissioners with his 23 objections in writing at the next regular meeting of the 24 board of commissioners occurring after the passage thereof. 25 Such veto may extend to any one or more items or 26 appropriations contained in any ordinance making an 27 appropriation, or to the entire ordinance. If the veto 28 extends to a part of such ordinance, the residue takes 29 effect. If the president of such board of commissioners 30 fails to return any ordinance, order, rule, resolution or 31 regulation with his objections thereto in the time required, 32 he is deemed to have approved it, and it takes effect 33 accordingly. Upon the return of any ordinance, order, rule, 34 resolution, or regulation by the president, the vote by which -7- LRB9212594EGfg 1 it was passed must be reconsidered by the board of 2 commissioners, and if upon such reconsideration two-thirds of 3 all the members agree by yeas and nays to pass it, it takes 4 effect notwithstanding the president's refusal to approve 5 thereof. 6 (k) It is the policy of this State that all powers 7 granted, either expressly or by necessary implication, by 8 this Act or any other Illinois statute to the District may be 9 exercised by the District notwithstanding effects on 10 competition. It is the intention of the General Assembly 11 that the "State action exemption" to the application of 12 federal antitrust statutes be fully available to the District 13 to the extent its activities are authorized by law as stated 14 herein. 15 (Source: P.A. 91-722, eff. 6-2-00.) 16 Section 99. Effective date. This Act takes effect upon 17 becoming law.