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Full Text of HB5684  99th General Assembly

HB5684enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
HB5684 EnrolledLRB099 19522 EFG 43916 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Local
5Government Wage Increase Transparency Act.
 
6    Section 5. Disclosure of certain wage increases made to
7employees under Article 7 of the Illinois Pension Code.
8    (a) This Section applies only to a participating employee
9under Article 7 of the Illinois Pension Code (IMRF) who began
10participation before January 1, 2011 and who is not subject to
11a collective bargaining agreement with respect to the
12employment upon which the participation is based.
13    (b) The definitions in Article 7 of the Illinois Pension
14Code also apply to this Section.
15    As used in this Section, "disclosable payment" means a
16payment, whether in the form of an increase in the rate of
17earnings or a lump-sum payment, that:
18        (1) would be made by a participating employer to a
19    participating employee after the employee has expressed to
20    the employer his or her intent to retire or withdraw from
21    service;
22        (2) would have the effect of increasing the employee's
23    reportable monthly earnings from that employer by more than

 

 

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1    6% compared to the previous month; and
2        (3) would be made between 12 months and 90 days prior
3    to the employee's expected termination of service.
4    However, "disclosable payment" does not include a refund of
5contributions or any payment required to be paid by State or
6federal law.
7    (c) A disclosable payment shall not be made or payable
8unless the governing body of that participating employer has
9first discussed the specific payment to be made at a meeting
10open to the public and posted and held in accordance with the
11requirements of the Open Meetings Act. At the meeting, the
12governing body shall, at a minimum, disclose (1) the identity
13of the employee, (2) the purpose and amount of the increase or
14payment, (3) the proposed retirement date, (4) the effect of
15the payment upon the expected retirement annuity of the
16employee, and (5) the effect of the payment upon the liability
17of the employer to the Article 7 Fund.
18    (d) The determination of whether the disclosable payment is
19permissible under this Section shall rest exclusively with the
20employer.
21    (e) A participating employer may not make a disclosable
22payment to an employee in a manner inconsistent with this
23Section. This Section is a denial and limitation of home rule
24powers and functions under subsection (h) of Section 6 of
25Article VII of the Illinois Constitution.
 

 

 

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1    Section 90. The Open Meetings Act is amended by changing
2Section 2 as follows:
 
3    (5 ILCS 120/2)  (from Ch. 102, par. 42)
4    Sec. 2. Open meetings.
5    (a) Openness required. All meetings of public bodies shall
6be open to the public unless excepted in subsection (c) and
7closed in accordance with Section 2a.
8    (b) Construction of exceptions. The exceptions contained
9in subsection (c) are in derogation of the requirement that
10public bodies meet in the open, and therefore, the exceptions
11are to be strictly construed, extending only to subjects
12clearly within their scope. The exceptions authorize but do not
13require the holding of a closed meeting to discuss a subject
14included within an enumerated exception.
15    (c) Exceptions. A public body may hold closed meetings to
16consider the following subjects:
17        (1) The appointment, employment, compensation,
18    discipline, performance, or dismissal of specific
19    employees of the public body or legal counsel for the
20    public body, including hearing testimony on a complaint
21    lodged against an employee of the public body or against
22    legal counsel for the public body to determine its
23    validity. However, a meeting to consider an increase in
24    compensation to a specific employee of a public body that
25    is subject to the Local Government Wage Increase

 

 

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1    Transparency Act may not be closed and shall be open to the
2    public and posted and held in accordance with this Act.
3        (2) Collective negotiating matters between the public
4    body and its employees or their representatives, or
5    deliberations concerning salary schedules for one or more
6    classes of employees.
7        (3) The selection of a person to fill a public office,
8    as defined in this Act, including a vacancy in a public
9    office, when the public body is given power to appoint
10    under law or ordinance, or the discipline, performance or
11    removal of the occupant of a public office, when the public
12    body is given power to remove the occupant under law or
13    ordinance.
14        (4) Evidence or testimony presented in open hearing, or
15    in closed hearing where specifically authorized by law, to
16    a quasi-adjudicative body, as defined in this Act, provided
17    that the body prepares and makes available for public
18    inspection a written decision setting forth its
19    determinative reasoning.
20        (5) The purchase or lease of real property for the use
21    of the public body, including meetings held for the purpose
22    of discussing whether a particular parcel should be
23    acquired.
24        (6) The setting of a price for sale or lease of
25    property owned by the public body.
26        (7) The sale or purchase of securities, investments, or

 

 

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1    investment contracts. This exception shall not apply to the
2    investment of assets or income of funds deposited into the
3    Illinois Prepaid Tuition Trust Fund.
4        (8) Security procedures, school building safety and
5    security, and the use of personnel and equipment to respond
6    to an actual, a threatened, or a reasonably potential
7    danger to the safety of employees, students, staff, the
8    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 a
16    fatality review team or the Illinois Fatality Review Team
17    Advisory Council during which a review of the death of an
18    eligible adult in which abuse or neglect is suspected,
19    alleged, or substantiated is conducted pursuant to Section
20    15 of the Adult Protective Services Act.
21        (31) Meetings and deliberations for decisions of the
22    Concealed Carry Licensing Review Board under the Firearm
23    Concealed Carry Act.
24        (32) Meetings between the Regional Transportation
25    Authority Board and its Service Boards when the discussion
26    involves review by the Regional Transportation Authority

 

 

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1    Board of employment contracts under Section 28d of the
2    Metropolitan Transit Authority Act and Sections 3A.18 and
3    3B.26 of the Regional Transportation Authority Act.
4        (33) Those meetings meeting or portions of meetings of
5    the advisory committee and peer review subcommittee
6    created under Section 320 of the Illinois Controlled
7    Substances Act during which specific controlled substance
8    prescriber, dispenser, or patient information is
9    discussed.
10    (d) Definitions. For purposes of this Section:
11    "Employee" means a person employed by a public body whose
12relationship with the public body constitutes an
13employer-employee relationship under the usual common law
14rules, and who is not an independent contractor.
15    "Public office" means a position created by or under the
16Constitution or laws of this State, the occupant of which is
17charged with the exercise of some portion of the sovereign
18power of this State. The term "public office" shall include
19members of the public body, but it shall not include
20organizational positions filled by members thereof, whether
21established by law or by a public body itself, that exist to
22assist the body in the conduct of its business.
23    "Quasi-adjudicative body" means an administrative body
24charged by law or ordinance with the responsibility to conduct
25hearings, receive evidence or testimony and make
26determinations based thereon, but does not include local

 

 

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1electoral boards when such bodies are considering petition
2challenges.
3    (e) Final action. No final action may be taken at a closed
4meeting. Final action shall be preceded by a public recital of
5the nature of the matter being considered and other information
6that will inform the public of the business being conducted.
7(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
8eff. 7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14;
999-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480, eff. 9-9-15;
10revised 10-14-15.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.