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| Public Act 097-0833 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Secretary of State Merit Employment Code is | ||||
amended by changing Sections 5c, 8a, and 8c as follows:
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(15 ILCS 310/5c) (from Ch. 124, par. 105c)
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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:
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(1) Special agents selected by the Inspector General | ||||
appointed pursuant to Section 14 of the Secretary of State Act | ||||
and licensed 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
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that Sections 10b.1, 10b.3 and 10b.5 of this Code need not be | ||||
met.
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(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.
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(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
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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.
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(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.
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(5) Positions which are paid a prevailing rate of wage are | ||
exempt from jurisdiction B.
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(Source: P.A. 80-13.)
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(15 ILCS 310/8a) (from Ch. 124, par. 108a)
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Sec. 8a. Terms, compensation. Members of the Merit | ||
Commission shall be
initially appointed as follows:
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(1) One member to serve for 2 years and until his successor | ||
is appointed;
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(2) One member to serve for 4 years and until his successor | ||
is appointed;
and
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(3) One member to serve for 6 years and until his successor | ||
is appointed.
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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.
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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.
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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.
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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.
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(Source: P.A. 84-440.)
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(15 ILCS 310/8c) (from Ch. 124, par. 108c)
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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:
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(1) Upon written recommendations by the Director of | ||
Personnel, to exempt
from jurisdiction B of this Act 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
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administrative responsibility for the way in which policies are | ||
carried
out. No position which has the powers of a law | ||
enforcement officer, except
executive security officers, may | ||
be exempted under this section.
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(2) To require such special reports from the Director as it | ||
may consider
desirable.
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(3) To disapprove original rules or any part thereof and | ||
any amendment
thereof within 30 calendar days after the | ||
submission of such rules to the
Merit Commission by the | ||
Director.
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(4) To disapprove within 30 calendar days from date of | ||
submission the
position classification plan and any revisions | ||
thereof submitted by the
Director as provided in the rules.
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(5) To hear appeals of employees who do not accept the | ||
allocation of their
positions under the classification plan.
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(6) To hear and approve or disapprove written charges filed | ||
seeking the
discharge or demotion of employees or suspension | ||
totaling more than 30 calendar
days in any 12 month period, as | ||
provided in Section 9, appeals as provided
in Section 9a of | ||
this Act, and appeals from transfers from one geographical
area | ||
in the state to another, and in connection therewith to | ||
administer
oaths, subpoena witnesses and compel the production | ||
of books and papers.
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(7) (Blank).
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(8) To make an annual report regarding the work of the | ||
Commission to the
Secretary of State, such report to be a | ||
public record.
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(9) If any violation of this Act is found, the Commission | ||
shall direct
compliance in writing.
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(10) To appoint such employees, experts and special | ||
assistants as may
be necessary to carry out the powers and | ||
duties of the commission under
this Act. Employees, experts and | ||
special assistants so appointed by the
Commission shall be | ||
subject to jurisdictions A, B and C of this Act, except the | ||
Chairman of the Commission when serving as the Administrator of | ||
the Commission shall not be subject to jurisdictions A, B, and | ||
C of this Act.
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(11) To promulgate rules and regulations necessary to
carry | ||
out and implement their powers and duties
under this Act, with | ||
authority to amend such rules from time to time
pursuant to The | ||
Illinois Administrative Procedure Act.
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(12) Within one year of the effective date of this | ||
amendatory Act of 1985,
the Commission shall adopt rules and | ||
regulations which shall include all
Commission policies | ||
implementing its duties under Sections 8, 9, 10 and 15 of
this | ||
Act. These rules and regulations shall include, but not be | ||
limited to,
the standards and criteria used by the Commission | ||
and Hearing Officers in
making discretionary determinations | ||
during hearing procedures.
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(13) To hear or conduct investigations as it deems | ||
necessary of appeals
of layoff filed by employees appointed | ||
under Jurisdiction B after examination,
provided that such | ||
appeals are filed within 15 calendar days following the
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effective date of such layoff and are made on the basis that | ||
the provisions
of the Secretary of State Merit Employment Code | ||
or the rules promulgated
thereunder have been violated or have | ||
not been complied with. All hearings
shall be public. A | ||
decision shall be rendered within 60 days after receipt
of the | ||
transcript of the proceedings. The Commission shall order the
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reinstatement of the employee if it is proven that the | ||
provisions of the
Secretary of State Merit Employment Code or | ||
the rules promulgated thereunder
have been violated or have not | ||
been complied with. In connection therewith the
Commission may | ||
administer oaths, subpoena witnesses, and compel the | ||
production
of books and papers.
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(Source: P.A. 90-372, eff. 7-1-98; 90-422, eff. 8-15-97.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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