093_HB0309

 
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 1        AN ACT concerning sanitary districts.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

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

 6        (70 ILCS 2605/4) (from Ch. 42, par. 323)
 7        Sec.   4.  The   commissioners  elected  under  this  Act
 8    constitute a board of commissioners for the district by which
 9    they  are  elected,  which  board  of  commissioners  is  the
10    corporate  authority  of  the  sanitary  district,  and,   in
11    addition  to  all  other  powers specified in this Act, shall
12    establish the policies and goals of  the  sanitary  district.
13    The  general  superintendent, in addition to all other powers
14    specified in this Act,  shall  manage  and  control  all  the
15    affairs  and  property  of  the  sanitary  district and shall
16    regularly  report  to  the  Board  of  Commissioners  on  the
17    activities of the sanitary district in executing the policies
18    and  goals  established  by  the  board.   At  the  regularly
19    scheduled  meeting  of  odd  numbered  years  following   the
20    induction  of  new  commissioners  the board of commissioners
21    shall  elect  from  its  own  number  a   president   and   a
22    vice-president  to serve in the absence of the president, and
23    the chairman of the committee on  finance.  The  board  shall
24    provide  by  rule  when a vacancy occurs in the office of the
25    president, vice-president, or the chairman of  the  committee
26    on finance and the manner of filling such vacancy.
27        The  board  shall appoint from outside its own number the
28    general superintendent and treasurer for the district.
29        The general superintendent must  be  a  resident  of  the
30    sanitary  district  and  a  citizen of the United States.  He
31    must be selected solely upon his administrative and technical
 
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 1    qualifications  and   without   regard   to   his   political
 2    affiliations.
 3        In the event of illness or other prolonged absence, death
 4    or  resignation  creating  a  vacancy  in  the  office of the
 5    general  superintendent,   or   treasurer,   the   board   of
 6    commissioners  may appoint an acting officer from outside its
 7    own number, to perform the duties and responsibilities of the
 8    office during the term of the absence or vacancy.
 9        The general superintendent with the advice and consent of
10    the board of commissioners, shall appoint the chief engineer,
11    chief of maintenance and operations, director  of  personnel,
12    purchasing  agent,  clerk, attorney, director of research and
13    development, and director of information technology.    These
14    constitute  the  heads  of  the  Department  of  Engineering,
15    Maintenance  and  Operations, Personnel, Purchasing, Finance,
16    Law, Research and Development,  and  Information  Technology,
17    respectively.   No  other departments or heads of departments
18    may be created without subsequent amendment to this Act.  All
19    such department heads are under the direct supervision of the
20    general superintendent.
21        The director of personnel must be qualified under Section
22    4.2a of this Act.
23        The purchasing agent must be selected in accordance  with
24    Section 11.16 of this Act.
25        In the event of illness or other prolonged absence, death
26    or  resignation  creating  a  vacancy  in the office of chief
27    engineer, chief of maintenance and  operations,  director  of
28    personnel,  purchasing  agent,  clerk,  attorney, director of
29    research  and  development,  or   director   of   information
30    technology,  the  general  superintendent  shall  appoint  an
31    acting  officer to perform the duties and responsibilities of
32    the office during the term of the absence  or  vacancy.   Any
33    such  officers  appointed in an acting capacity are under the
34    direct supervision of the general superintendent.
 
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 1        All appointive officers and acting  officers  shall  give
 2    bond as may be required by the board.
 3        The  general  superintendent,  treasurer,  acting general
 4    superintendent and acting treasurer hold their offices at the
 5    pleasure of the board of commissioners.
 6        The acting chief engineer, acting  chief  of  maintenance
 7    and  operations,  acting purchasing agent, acting director of
 8    personnel, acting clerk, acting attorney, acting director  of
 9    research  and development, and acting director of information
10    technology hold their offices at the pleasure of the  general
11    superintendent.
12        The  chief engineer, chief of maintenance and operations,
13    director of personnel,  purchasing  agent,  clerk,  attorney,
14    director   of  research  and  development,  and  director  of
15    information technology may be removed from office  for  cause
16    by  the  general  superintendent.   Prior  to  removal,  such
17    officers  are entitled to a public hearing before the general
18    superintendent at which hearing they may  be  represented  by
19    counsel.   Before  the  hearing,  the  general superintendent
20    shall notify the board of commissioners of  the  date,  time,
21    place and nature of the hearing.
22        In  addition  to  the  attorney  appointed by the general
23    superintendent, the board of commissioners may  appoint  from
24    outside  its  own  number  an attorney, or retain counsel, to
25    advise the board of commissioners with respect to its  powers
26    and duties and with respect to legal questions and matters of
27    policy for which the board of commissioners is responsible.
28        The  general  superintendent  is the chief administrative
29    officer  of  the  district,  has  supervision  over  and   is
30    responsible for all administrative and operational matters of
31    the  sanitary  district including the duties of all employees
32    which are  not  otherwise  designated  by  law,  and  is  the
33    appointing  authority  as  specified  in Section 4.11 of this
34    Act.
 
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 1        The board, through the  budget  process,  shall  fix  the
 2    compensation  of  all  the  officers  and  employees  of  the
 3    sanitary  district.  Any incumbent of the office of president
 4    may appoint an administrative aide which appointment  remains
 5    in   force  during  his  incumbency  unless  revoked  by  the
 6    president.
 7        Effective upon the  election  in  January,  1985  of  the
 8    president  and  vice-president  of the board of commissioners
 9    and the chairman of the  committee  on  finance,  the  annual
10    salary  of  the  president  shall  be  $37,500  and  shall be
11    increased to $39,500 in January, 1987,  $41,500  in  January,
12    1989, $50,000 in January, 1991, and $60,000 in January, 2001;
13    the annual salary of the vice-president shall be $35,000  and
14    shall  be  increased  to $37,000 in January, 1987, $39,000 in
15    January, 1989, $45,000  in  January,  1991,  and  $55,000  in
16    January,  2001;  the  annual  salary   of the chairman of the
17    committee on finance shall be $32,500 and shall be  increased
18    to  $34,500  in  January,  1987,  $36,500  in  January, 1989,
19    $45,000 in January, 1991, and $55,000 in January, 2001.
20        The annual salaries of the other  members  of  the  Board
21    shall be as follows:
22        For  the three members elected in November, 1980, $26,500
23    per annum for the first two years of the  term;  $28,000  per
24    annum  for  the  next  two  years of the term and $30,000 per
25    annum for the last two years.
26        For the three members elected in November, 1982,  $28,000
27    per annum for the first two years of the term and $30,000 per
28    annum thereafter.
29        For members elected in November, 1984, $30,000 per annum.
30        For  the three members elected in November, 1986, $32,000
31    for each of the first two years of the term, $34,000 for each
32    of the next two years and $36,000 for the last two years;
33        For three members elected in November, 1988, $34,000  for
34    each  of the first two years of the term and $36,000 for each
 
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 1    year thereafter.
 2        For members elected in November, 1990, 1992, 1994,  1996,
 3    or 1998, $40,000.
 4        For  members  elected  in  November, 2000 and thereafter,
 5    $50,000.
 6        Notwithstanding the other provisions of this Section, the
 7    board, through the budget process and with a  2/3  vote,  may
 8    fix the compensation of its members elected in November, 2004
 9    and thereafter.
10        The  board  of  commissioners  has full power to pass all
11    necessary  ordinances,   orders,   rules,   resolutions   and
12    regulations  for  the  proper  management  and conduct of the
13    business of the board of commissioners  and  the  corporation
14    and  for  carrying  into  effect  the  object  for  which the
15    sanitary district is formed.  All ordinances, orders,  rules,
16    resolutions   and   regulations   passed   by  the  board  of
17    commissioners must, before they take effect, be  approved  by
18    the  president  of the board of commissioners. If he approves
19    thereof, he shall sign them, and such as he does not  approve
20    he  shall  return  to  the  board  of  commissioners with his
21    objections in writing at the  next  regular  meeting  of  the
22    board  of  commissioners occurring after the passage thereof.
23    Such  veto  may  extend  to  any  one  or   more   items   or
24    appropriations   contained   in   any   ordinance  making  an
25    appropriation, or to  the  entire  ordinance.   If  the  veto
26    extends  to  a  part  of  such  ordinance,  the residue takes
27    effect.  If the president  of  such  board  of  commissioners
28    fails  to  return  any  ordinance, order, rule, resolution or
29    regulation with his objections thereto in the time  required,
30    he  is  deemed  to  have  approved  it,  and  it takes effect
31    accordingly.  Upon the return of any ordinance, order,  rule,
32    resolution, or regulation by the president, the vote by which
33    it   was   passed  must  be  reconsidered  by  the  board  of
34    commissioners, and if upon such reconsideration two-thirds of
 
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 1    all the members agree by yeas and nays to pass it,  it  takes
 2    effect  notwithstanding  the  president's  refusal to approve
 3    thereof.
 4        It is the policy of this State that all  powers  granted,
 5    either  expressly or by necessary implication, by this Act or
 6    any other Illinois statute to the District may  be  exercised
 7    by the District notwithstanding effects on competition. It is
 8    the  intention of the General Assembly that the "State action
 9    exemption" to the application of federal  antitrust  statutes
10    be  fully  available  to  the  District  to  the  extent  its
11    activities are authorized by law as stated herein.
12    (Source: P.A. 91-722, eff. 6-2-00.)

13        Section  99.  Effective date.  This Act takes effect upon
14    becoming law.