98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5916

 

Introduced , by Rep. Michael W. Tryon

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 120/2  from Ch. 102, par. 42
70 ILCS 3605/28d new
70 ILCS 3615/3A.18 new
70 ILCS 3615/3B.26 new

    Amends the Metropolitan Transit Authority Act and the Regional Transportation Authority Act. Provides that before the Chicago Transit Board, Suburban Bus Board, or Commuter Rail Board may enter into or amend any employment contract, that Board must obtain approval from the Regional Transportation Authority Board. Amends the Open Meetings Act. Provides that a public body may hold closed meetings to consider employment contracts between the Regional Transportation Authority Board and its Service Boards when the discussion involves approval of employment contracts.


LRB098 20223 JLK 55574 b

 

 

A BILL FOR

 

HB5916LRB098 20223 JLK 55574 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Open Meetings Act is amended by changing
5Section 2 as follows:
 
6    (5 ILCS 120/2)  (from Ch. 102, par. 42)
7    Sec. 2. Open meetings.
8    (a) Openness required. All meetings of public bodies shall
9be open to the public unless excepted in subsection (c) and
10closed in accordance with Section 2a.
11    (b) Construction of exceptions. The exceptions contained
12in subsection (c) are in derogation of the requirement that
13public bodies meet in the open, and therefore, the exceptions
14are to be strictly construed, extending only to subjects
15clearly within their scope. The exceptions authorize but do not
16require the holding of a closed meeting to discuss a subject
17included within an enumerated exception.
18    (c) Exceptions. A public body may hold closed meetings to
19consider the following subjects:
20        (1) The appointment, employment, compensation,
21    discipline, performance, or dismissal of specific
22    employees of the public body or legal counsel for the
23    public body, including hearing testimony on a complaint

 

 

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1    lodged against an employee of the public body or against
2    legal counsel for the public body to determine its
3    validity.
4        (2) Collective negotiating matters between the public
5    body and its employees or their representatives, or
6    deliberations concerning salary schedules for one or more
7    classes of employees.
8        (3) The selection of a person to fill a public office,
9    as defined in this Act, including a vacancy in a public
10    office, when the public body is given power to appoint
11    under law or ordinance, or the discipline, performance or
12    removal of the occupant of a public office, when the public
13    body is given power to remove the occupant under law or
14    ordinance.
15        (4) Evidence or testimony presented in open hearing, or
16    in closed hearing where specifically authorized by law, to
17    a quasi-adjudicative body, as defined in this Act, provided
18    that the body prepares and makes available for public
19    inspection a written decision setting forth its
20    determinative reasoning.
21        (5) The purchase or lease of real property for the use
22    of the public body, including meetings held for the purpose
23    of discussing whether a particular parcel should be
24    acquired.
25        (6) The setting of a price for sale or lease of
26    property owned by the public body.

 

 

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1        (7) The sale or purchase of securities, investments, or
2    investment contracts. This exception shall not apply to the
3    investment of assets or income of funds deposited into the
4    Illinois Prepaid Tuition Trust Fund.
5        (8) Security procedures and the use of personnel and
6    equipment to respond to an actual, a threatened, or a
7    reasonably potential danger to the safety of employees,
8    students, staff, the public, or public property.
9        (9) Student disciplinary cases.
10        (10) The placement of individual students in special
11    education programs and other matters relating to
12    individual students.
13        (11) Litigation, when an action against, affecting or
14    on behalf of the particular public body has been filed and
15    is pending before a court or administrative tribunal, or
16    when the public body finds that an action is probable or
17    imminent, in which case the basis for the finding shall be
18    recorded and entered into the minutes of the closed
19    meeting.
20        (12) The establishment of reserves or settlement of
21    claims as provided in the Local Governmental and
22    Governmental Employees Tort Immunity Act, if otherwise the
23    disposition of a claim or potential claim might be
24    prejudiced, or the review or discussion of claims, loss or
25    risk management information, records, data, advice or
26    communications from or with respect to any insurer of the

 

 

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1    public body or any intergovernmental risk management
2    association or self insurance pool of which the public body
3    is a member.
4        (13) Conciliation of complaints of discrimination in
5    the sale or rental of housing, when closed meetings are
6    authorized by the law or ordinance prescribing fair housing
7    practices and creating a commission or administrative
8    agency for their enforcement.
9        (14) Informant sources, the hiring or assignment of
10    undercover personnel or equipment, or ongoing, prior or
11    future criminal investigations, when discussed by a public
12    body with criminal investigatory responsibilities.
13        (15) Professional ethics or performance when
14    considered by an advisory body appointed to advise a
15    licensing or regulatory agency on matters germane to the
16    advisory body's field of competence.
17        (16) Self evaluation, practices and procedures or
18    professional ethics, when meeting with a representative of
19    a statewide association of which the public body is a
20    member.
21        (17) The recruitment, credentialing, discipline or
22    formal peer review of physicians or other health care
23    professionals for a hospital, or other institution
24    providing medical care, that is operated by the public
25    body.
26        (18) Deliberations for decisions of the Prisoner

 

 

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1    Review Board.
2        (19) Review or discussion of applications received
3    under the Experimental Organ Transplantation Procedures
4    Act.
5        (20) The classification and discussion of matters
6    classified as confidential or continued confidential by
7    the State Government Suggestion Award Board.
8        (21) Discussion of minutes of meetings lawfully closed
9    under this Act, whether for purposes of approval by the
10    body of the minutes or semi-annual review of the minutes as
11    mandated by Section 2.06.
12        (22) Deliberations for decisions of the State
13    Emergency Medical Services Disciplinary Review Board.
14        (23) The operation by a municipality of a municipal
15    utility or the operation of a municipal power agency or
16    municipal natural gas agency when the discussion involves
17    (i) contracts relating to the purchase, sale, or delivery
18    of electricity or natural gas or (ii) the results or
19    conclusions of load forecast studies.
20        (24) Meetings of a residential health care facility
21    resident sexual assault and death review team or the
22    Executive Council under the Abuse Prevention Review Team
23    Act.
24        (25) Meetings of an independent team of experts under
25    Brian's Law.
26        (26) Meetings of a mortality review team appointed

 

 

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1    under the Department of Juvenile Justice Mortality Review
2    Team Act.
3        (27) (Blank).
4        (28) Correspondence and records (i) that may not be
5    disclosed under Section 11-9 of the Public Aid Code or (ii)
6    that pertain to appeals under Section 11-8 of the Public
7    Aid Code.
8        (29) Meetings between internal or external auditors
9    and governmental audit committees, finance committees, and
10    their equivalents, when the discussion involves internal
11    control weaknesses, identification of potential fraud risk
12    areas, known or suspected frauds, and fraud interviews
13    conducted in accordance with generally accepted auditing
14    standards of the United States of America.
15        (30) Those meetings or portions of meetings of an
16    at-risk adult fatality review team or the Illinois At-Risk
17    Adult Fatality Review Team Advisory Council during which a
18    review of the death of an eligible adult in which abuse or
19    neglect is suspected, alleged, or substantiated is
20    conducted pursuant to Section 15 of the Adult Protective
21    Services Act.
22        (31) (30) Meetings and deliberations for decisions of
23    the Concealed Carry Licensing Review Board under the
24    Firearm Concealed Carry Act.
25        (32) Meetings between the Regional Transportation
26    Authority Board and its Service Boards when the discussion

 

 

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1    involves approval by the Regional Transportation Authority
2    Board of employment contracts under Section 28d of the
3    Metropolitan Transit Authority Act and Sections 3A.18 and
4    3B.26 of the Regional Transportation Authority Act.
5    (d) Definitions. For purposes of this Section:
6    "Employee" means a person employed by a public body whose
7relationship with the public body constitutes an
8employer-employee relationship under the usual common law
9rules, and who is not an independent contractor.
10    "Public office" means a position created by or under the
11Constitution or laws of this State, the occupant of which is
12charged with the exercise of some portion of the sovereign
13power of this State. The term "public office" shall include
14members of the public body, but it shall not include
15organizational positions filled by members thereof, whether
16established by law or by a public body itself, that exist to
17assist the body in the conduct of its business.
18    "Quasi-adjudicative body" means an administrative body
19charged by law or ordinance with the responsibility to conduct
20hearings, receive evidence or testimony and make
21determinations based thereon, but does not include local
22electoral boards when such bodies are considering petition
23challenges.
24    (e) Final action. No final action may be taken at a closed
25meeting. Final action shall be preceded by a public recital of
26the nature of the matter being considered and other information

 

 

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1that will inform the public of the business being conducted.
2(Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11;
397-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff.
48-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; revised
57-23-13.)
 
6    Section 10. The Metropolitan Transit Authority Act is
7amended by adding Section 28d as follows:
 
8    (70 ILCS 3605/28d new)
9    Sec. 28d. Employment contracts. Except as otherwise
10provided in Section 28a, before the Chicago Transit Board may
11enter into or amend any employment contract, the Chicago
12Transit Board must obtain approval of that contract or
13amendment from the Regional Transportation Authority Board.
14This Section applies only to contracts entered into or amended
15on or after the effective date of this amendatory Act of the
1698th General Assembly.
 
17    Section 15. The Regional Transportation Authority Act is
18amended by adding Sections 3A.18 and 3B.26 as follows:
 
19    (70 ILCS 3615/3A.18 new)
20    Sec. 3A.18. Employment contracts. Except as otherwise
21provided in Section 3A.14, before the Suburban Bus Board may
22enter into or amend any employment contract, the Suburban Bus

 

 

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1Board must obtain approval of that contract or amendment from
2the Board. This Section applies only to contracts entered into
3or amended on or after the effective date of this amendatory
4Act of the 98th General Assembly.
 
5    (70 ILCS 3615/3B.26 new)
6    Sec. 3B.26. Employment contracts. Except as otherwise
7provided in Section 3B.13, before the Commuter Rail Board may
8enter into or amend any employment contract, the Commuter Rail
9Board must obtain approval of that contract or amendment from
10the Board. This Section applies only to contracts entered into
11or amended on or after the effective date of this amendatory
12Act of the 98th General Assembly.