State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 002 ]


92_SB0980ham001

 










                                             LRB9203206MMsbam

 1                    AMENDMENT TO SENATE BILL 980

 2        AMENDMENT NO.     .  Amend Senate Bill 980  by  replacing
 3    the title with the following:
 4        "AN  ACT  concerning  the  Metropolitan Water Reclamation
 5    District."; and

 6    by replacing everything after the enacting clause with:

 7        "Section 5. The Metropolitan Water  Reclamation  District
 8    Act is amended by changing Section 4 as follows:

 9        (70 ILCS 2605/4) (from Ch. 42, par. 323)
10        Sec.   4.  The   commissioners  elected  under  this  Act
11    constitute a board of commissioners for the district by which
12    they  are  elected,  which  board  of  commissioners  is  the
13    corporate  authority  of  the  sanitary  district,  and,   in
14    addition  to  all  other  powers specified in this Act, shall
15    establish the policies and goals of  the  sanitary  district.
16    The  general  superintendent, in addition to all other powers
17    specified in this Act,  shall  manage  and  control  all  the
18    affairs  and  property  of  the  sanitary  district and shall
19    regularly  report  to  the  Board  of  Commissioners  on  the
20    activities of the sanitary district in executing the policies
21    and  goals  established  by  the  board.   At  the  regularly
 
                            -2-              LRB9203206MMsbam
 1    scheduled  meeting  of  odd  numbered  years  following   the
 2    induction  of  new  commissioners  the board of commissioners
 3    shall  elect  from  its  own  number  a   president   and   a
 4    vice-president  to serve in the absence of the president, and
 5    the chairman of the committee on  finance.  The  board  shall
 6    provide  by  rule  when a vacancy occurs in the office of the
 7    president, vice-president, or the chairman of  the  committee
 8    on finance and the manner of filling such vacancy.
 9        The  board  shall appoint from outside its own number the
10    general superintendent and treasurer for the district.
11        The general superintendent must  be  a  resident  of  the
12    sanitary  district  and  a  citizen of the United States.  He
13    must be selected solely upon his administrative and technical
14    qualifications  and   without   regard   to   his   political
15    affiliations.
16        In the event of illness or other prolonged absence, death
17    or  resignation  creating  a  vacancy  in  the  office of the
18    general  superintendent,   or   treasurer,   the   board   of
19    commissioners  may appoint an acting officer from outside its
20    own number, to perform the duties and responsibilities of the
21    office during the term of the absence or vacancy.
22        The general superintendent with the advice and consent of
23    the board of commissioners, shall appoint the chief engineer,
24    chief of maintenance and operations, director  of  personnel,
25    purchasing  agent,  clerk, attorney, director of research and
26    development, and director of information technology.    These
27    constitute  the  heads  of  the  Department  of  Engineering,
28    Maintenance  and  Operations, Personnel, Purchasing, Finance,
29    Law, Research and Development,  and  Information  Technology,
30    respectively.   No  other departments or heads of departments
31    may be created without subsequent amendment to this Act.  All
32    such department heads are under the direct supervision of the
33    general superintendent.
34        The director of personnel must be qualified under Section
 
                            -3-              LRB9203206MMsbam
 1    4.2a of this Act.
 2        The purchasing agent must be selected in accordance  with
 3    Section 11.16 of this Act.
 4        In the event of illness or other prolonged absence, death
 5    or  resignation  creating  a  vacancy  in the office of chief
 6    engineer, chief of maintenance and  operations,  director  of
 7    personnel,  purchasing  agent,  clerk,  attorney, director of
 8    research  and  development,  or   director   of   information
 9    technology,  the  general  superintendent  shall  appoint  an
10    acting  officer to perform the duties and responsibilities of
11    the office during the term of the absence  or  vacancy.   Any
12    such  officers  appointed in an acting capacity are under the
13    direct supervision of the general superintendent.
14        All appointive officers and acting  officers  shall  give
15    bond as may be required by the board.
16        The  general  superintendent,  treasurer,  acting general
17    superintendent and acting treasurer hold their offices at the
18    pleasure of the board of commissioners.
19        The acting chief engineer, acting  chief  of  maintenance
20    and  operations,  acting purchasing agent, acting director of
21    personnel, acting clerk, acting attorney, acting director  of
22    research  and development, and acting director of information
23    technology hold their offices at the pleasure of the  general
24    superintendent.
25        The  chief engineer, chief of maintenance and operations,
26    director of personnel,  purchasing  agent,  clerk,  attorney,
27    director   of  research  and  development,  and  director  of
28    information technology may be removed from office  for  cause
29    by  the  general  superintendent.   Prior  to  removal,  such
30    officers  are entitled to a public hearing before the general
31    superintendent at which hearing they may  be  represented  by
32    counsel.   Before  the  hearing,  the  general superintendent
33    shall notify the board of commissioners of  the  date,  time,
34    place and nature of the hearing.
 
                            -4-              LRB9203206MMsbam
 1        In  addition  to  the  attorney  appointed by the general
 2    superintendent, the board of commissioners may  appoint  from
 3    outside  its  own  number  an attorney, or retain counsel, to
 4    advise the board of commissioners with respect to its  powers
 5    and duties and with respect to legal questions and matters of
 6    policy for which the board of commissioners is responsible.
 7        The  general  superintendent  is the chief administrative
 8    officer  of  the  district,  has  supervision  over  and   is
 9    responsible for all administrative and operational matters of
10    the  sanitary  district including the duties of all employees
11    which are  not  otherwise  designated  by  law,  and  is  the
12    appointing  authority  as  specified  in Section 4.11 of this
13    Act.
14        The board, through the  budget  process,  shall  fix  the
15    compensation  of  all  the  officers  and  employees  of  the
16    sanitary  district.  Any incumbent of the office of president
17    may appoint an administrative aide which appointment  remains
18    in   force  during  his  incumbency  unless  revoked  by  the
19    president.
20        Effective upon the  election  in  January,  1985  of  the
21    president  and  vice-president  of the board of commissioners
22    and the chairman of the  committee  on  finance,  the  annual
23    salary  of  the  president  shall  be  $37,500  and  shall be
24    increased to $39,500 in January, 1987,  $41,500  in  January,
25    1989, $50,000 in January, 1991, and $60,000 in January, 2001,
26    and  $63,000  in  January,  2003;  the  annual  salary of the
27    vice-president shall be $35,000  and shall  be  increased  to
28    $37,000  in  January, 1987, $39,000 in January, 1989, $45,000
29    in January, 1991, and $55,000 in January, 2001,  and  $57,500
30    in  January,  2003; the annual salary  of the chairman of the
31    committee on finance shall be $32,500 and shall be  increased
32    to  $34,500  in  January,  1987,  $36,500  in  January, 1989,
33    $45,000 in January, 1991, and $55,000 in January,  2001,  and
34    $57,500 in January, 2003.
 
                            -5-              LRB9203206MMsbam
 1        The  annual  salaries  of  the other members of the Board
 2    shall be as follows:
 3        For the three members elected in November, 1980,  $26,500
 4    per  annum  for  the first two years of the term; $28,000 per
 5    annum for the next two years of  the  term  and  $30,000  per
 6    annum for the last two years.
 7        For  the three members elected in November, 1982, $28,000
 8    per annum for the first two years of the term and $30,000 per
 9    annum thereafter.
10        For members elected in November, 1984, $30,000 per annum.
11        For the three members elected in November, 1986,  $32,000
12    for each of the first two years of the term, $34,000 for each
13    of the next two years and $36,000 for the last two years;
14        For  three members elected in November, 1988, $34,000 for
15    each of the first two years of the term and $36,000 for  each
16    year thereafter.
17        For  members elected in November, 1990, 1992, 1994, 1996,
18    or 1998, $40,000.
19        For members elected in  November,  2000  and  thereafter,
20    $50,000.
21        For  members  elected  in  November, 2002 and thereafter,
22    $52,000.
23        The board of commissioners has full  power  to  pass  all
24    necessary   ordinances,   orders,   rules,   resolutions  and
25    regulations for the proper  management  and  conduct  of  the
26    business  of  the  board of commissioners and the corporation
27    and for  carrying  into  effect  the  object  for  which  the
28    sanitary  district is formed.  All ordinances, orders, rules,
29    resolutions  and  regulations  passed   by   the   board   of
30    commissioners  must,  before they take effect, be approved by
31    the president of the board of commissioners. If  he  approves
32    thereof,  he shall sign them, and such as he does not approve
33    he shall return  to  the  board  of  commissioners  with  his
34    objections  in  writing  at  the  next regular meeting of the
 
                            -6-              LRB9203206MMsbam
 1    board of commissioners occurring after the  passage  thereof.
 2    Such   veto   may   extend  to  any  one  or  more  items  or
 3    appropriations  contained  in   any   ordinance   making   an
 4    appropriation,  or  to  the  entire  ordinance.   If the veto
 5    extends to a  part  of  such  ordinance,  the  residue  takes
 6    effect.   If  the  president  of  such board of commissioners
 7    fails to return any ordinance,  order,  rule,  resolution  or
 8    regulation  with his objections thereto in the time required,
 9    he is deemed  to  have  approved  it,  and  it  takes  effect
10    accordingly.   Upon the return of any ordinance, order, rule,
11    resolution, or regulation by the president, the vote by which
12    it  was  passed  must  be  reconsidered  by  the   board   of
13    commissioners, and if upon such reconsideration two-thirds of
14    all  the  members agree by yeas and nays to pass it, it takes
15    effect notwithstanding the  president's  refusal  to  approve
16    thereof.
17        It  is  the policy of this State that all powers granted,
18    either expressly or by necessary implication, by this Act  or
19    any  other  Illinois statute to the District may be exercised
20    by the District notwithstanding effects on competition. It is
21    the intention of the General Assembly that the "State  action
22    exemption"  to  the application of federal antitrust statutes
23    be  fully  available  to  the  District  to  the  extent  its
24    activities are authorized by law as stated herein.
25    (Source: P.A. 91-722, eff. 6-2-00.)

26    Section 99.  Effective  date.  This  Act  takes  effect  upon
27    becoming law.".

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