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Full Text of HB5684  99th General Assembly

HB5684ham003 99TH GENERAL ASSEMBLY

Rep. Peter Breen

Filed: 4/20/2016

 

 


 

 


 
09900HB5684ham003LRB099 19522 RPS 47885 a

1
AMENDMENT TO HOUSE BILL 5684

2    AMENDMENT NO. ______. Amend House Bill 5684 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1earnings or a lump-sum payment, that:
2        (1) would be made by a participating employer to a
3    participating employee after the employee has expressed to
4    the employer his or her intent to retire or withdraw from
5    service;
6        (2) would have the effect of increasing the employee's
7    reportable monthly earnings from that employer by more than
8    6% compared to the previous month; and
9        (3) would be made between 12 months and 90 days prior
10    to the employee's expected termination of service.
11    However, "disclosable payment" does not include a refund of
12contributions or any payment required to be paid by State or
13federal law.
14    (c) A disclosable payment shall not be made or payable
15unless the governing body of that participating employer has
16first discussed the specific payment to be made at a meeting
17open to the public and posted and held in accordance with the
18requirements of the Open Meetings Act. At the meeting, the
19governing body shall, at a minimum, disclose (1) the identity
20of the employee, (2) the purpose and amount of the increase or
21payment, (3) the proposed retirement date, (4) the effect of
22the payment upon the expected retirement annuity of the
23employee, and (5) the effect of the payment upon the liability
24of the employer to the Article 7 Fund.
25    (d) The determination of whether the disclosable payment is
26permissible under this Section shall rest exclusively with the

 

 

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1employer.
2    (e) A participating employer may not make a disclosable
3payment to an employee in a manner inconsistent with this
4Section. This Section is a denial and limitation of home rule
5powers and functions under subsection (h) of Section 6 of
6Article VII of the Illinois Constitution.
 
7    Section 90. The Open Meetings Act is amended by changing
8Section 2 as follows:
 
9    (5 ILCS 120/2)  (from Ch. 102, par. 42)
10    Sec. 2. Open meetings.
11    (a) Openness required. All meetings of public bodies shall
12be open to the public unless excepted in subsection (c) and
13closed in accordance with Section 2a.
14    (b) Construction of exceptions. The exceptions contained
15in subsection (c) are in derogation of the requirement that
16public bodies meet in the open, and therefore, the exceptions
17are to be strictly construed, extending only to subjects
18clearly within their scope. The exceptions authorize but do not
19require the holding of a closed meeting to discuss a subject
20included within an enumerated exception.
21    (c) Exceptions. A public body may hold closed meetings to
22consider the following subjects:
23        (1) The appointment, employment, compensation,
24    discipline, performance, or dismissal of specific

 

 

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1    employees of the public body or legal counsel for the
2    public body, including hearing testimony on a complaint
3    lodged against an employee of the public body or against
4    legal counsel for the public body to determine its
5    validity. However, a meeting to consider an increase in
6    compensation to a specific employee of a public body that
7    is subject to the Local Government Wage Increase
8    Transparency Act may not be closed and shall be open to the
9    public and posted and held in accordance with this Act.
10        (2) Collective negotiating matters between the public
11    body and its employees or their representatives, or
12    deliberations concerning salary schedules for one or more
13    classes of employees.
14        (3) The selection of a person to fill a public office,
15    as defined in this Act, including a vacancy in a public
16    office, when the public body is given power to appoint
17    under law or ordinance, or the discipline, performance or
18    removal of the occupant of a public office, when the public
19    body is given power to remove the occupant under law or
20    ordinance.
21        (4) Evidence or testimony presented in open hearing, or
22    in closed hearing where specifically authorized by law, to
23    a quasi-adjudicative body, as defined in this Act, provided
24    that the body prepares and makes available for public
25    inspection a written decision setting forth its
26    determinative reasoning.

 

 

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1        (5) The purchase or lease of real property for the use
2    of the public body, including meetings held for the purpose
3    of discussing whether a particular parcel should be
4    acquired.
5        (6) The setting of a price for sale or lease of
6    property owned by the public body.
7        (7) The sale or purchase of securities, investments, or
8    investment contracts. This exception shall not apply to the
9    investment of assets or income of funds deposited into the
10    Illinois Prepaid Tuition Trust Fund.
11        (8) Security procedures, school building safety and
12    security, and the use of personnel and equipment to respond
13    to an actual, a threatened, or a reasonably potential
14    danger to the safety of employees, students, staff, the
15    public, or public property.
16        (9) Student disciplinary cases.
17        (10) The placement of individual students in special
18    education programs and other matters relating to
19    individual students.
20        (11) Litigation, when an action against, affecting or
21    on behalf of the particular public body has been filed and
22    is pending before a court or administrative tribunal, or
23    when the public body finds that an action is probable or
24    imminent, in which case the basis for the finding shall be
25    recorded and entered into the minutes of the closed
26    meeting.

 

 

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1        (12) The establishment of reserves or settlement of
2    claims as provided in the Local Governmental and
3    Governmental Employees Tort Immunity Act, if otherwise the
4    disposition of a claim or potential claim might be
5    prejudiced, or the review or discussion of claims, loss or
6    risk management information, records, data, advice or
7    communications from or with respect to any insurer of the
8    public body or any intergovernmental risk management
9    association or self insurance pool of which the public body
10    is a member.
11        (13) Conciliation of complaints of discrimination in
12    the sale or rental of housing, when closed meetings are
13    authorized by the law or ordinance prescribing fair housing
14    practices and creating a commission or administrative
15    agency for their enforcement.
16        (14) Informant sources, the hiring or assignment of
17    undercover personnel or equipment, or ongoing, prior or
18    future criminal investigations, when discussed by a public
19    body with criminal investigatory responsibilities.
20        (15) Professional ethics or performance when
21    considered by an advisory body appointed to advise a
22    licensing or regulatory agency on matters germane to the
23    advisory body's field of competence.
24        (16) Self evaluation, practices and procedures or
25    professional ethics, when meeting with a representative of
26    a statewide association of which the public body is a

 

 

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1    member.
2        (17) The recruitment, credentialing, discipline or
3    formal peer review of physicians or other health care
4    professionals for a hospital, or other institution
5    providing medical care, that is operated by the public
6    body.
7        (18) Deliberations for decisions of the Prisoner
8    Review Board.
9        (19) Review or discussion of applications received
10    under the Experimental Organ Transplantation Procedures
11    Act.
12        (20) The classification and discussion of matters
13    classified as confidential or continued confidential by
14    the State Government Suggestion Award Board.
15        (21) Discussion of minutes of meetings lawfully closed
16    under this Act, whether for purposes of approval by the
17    body of the minutes or semi-annual review of the minutes as
18    mandated by Section 2.06.
19        (22) Deliberations for decisions of the State
20    Emergency Medical Services Disciplinary Review Board.
21        (23) The operation by a municipality of a municipal
22    utility or the operation of a municipal power agency or
23    municipal natural gas agency when the discussion involves
24    (i) contracts relating to the purchase, sale, or delivery
25    of electricity or natural gas or (ii) the results or
26    conclusions of load forecast studies.

 

 

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1        (24) Meetings of a residential health care facility
2    resident sexual assault and death review team or the
3    Executive Council under the Abuse Prevention Review Team
4    Act.
5        (25) Meetings of an independent team of experts under
6    Brian's Law.
7        (26) Meetings of a mortality review team appointed
8    under the Department of Juvenile Justice Mortality Review
9    Team Act.
10        (27) (Blank).
11        (28) Correspondence and records (i) that may not be
12    disclosed under Section 11-9 of the Public Aid Code or (ii)
13    that pertain to appeals under Section 11-8 of the Public
14    Aid Code.
15        (29) Meetings between internal or external auditors
16    and governmental audit committees, finance committees, and
17    their equivalents, when the discussion involves internal
18    control weaknesses, identification of potential fraud risk
19    areas, known or suspected frauds, and fraud interviews
20    conducted in accordance with generally accepted auditing
21    standards of the United States of America.
22        (30) Those meetings or portions of meetings of a
23    fatality review team or the Illinois Fatality Review Team
24    Advisory Council during which a review of the death of an
25    eligible adult in which abuse or neglect is suspected,
26    alleged, or substantiated is conducted pursuant to Section

 

 

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1    15 of the Adult Protective Services Act.
2        (31) Meetings and deliberations for decisions of the
3    Concealed Carry Licensing Review Board under the Firearm
4    Concealed Carry Act.
5        (32) Meetings between the Regional Transportation
6    Authority Board and its Service Boards when the discussion
7    involves review by the Regional Transportation Authority
8    Board of employment contracts under Section 28d of the
9    Metropolitan Transit Authority Act and Sections 3A.18 and
10    3B.26 of the Regional Transportation Authority Act.
11        (33) Those meetings meeting or portions of meetings of
12    the advisory committee and peer review subcommittee
13    created under Section 320 of the Illinois Controlled
14    Substances Act during which specific controlled substance
15    prescriber, dispenser, or patient information is
16    discussed.
17    (d) Definitions. For purposes of this Section:
18    "Employee" means a person employed by a public body whose
19relationship with the public body constitutes an
20employer-employee relationship under the usual common law
21rules, and who is not an independent contractor.
22    "Public office" means a position created by or under the
23Constitution or laws of this State, the occupant of which is
24charged with the exercise of some portion of the sovereign
25power of this State. The term "public office" shall include
26members of the public body, but it shall not include

 

 

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1organizational positions filled by members thereof, whether
2established by law or by a public body itself, that exist to
3assist the body in the conduct of its business.
4    "Quasi-adjudicative body" means an administrative body
5charged by law or ordinance with the responsibility to conduct
6hearings, receive evidence or testimony and make
7determinations based thereon, but does not include local
8electoral boards when such bodies are considering petition
9challenges.
10    (e) Final action. No final action may be taken at a closed
11meeting. Final action shall be preceded by a public recital of
12the nature of the matter being considered and other information
13that will inform the public of the business being conducted.
14(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
15eff. 7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14;
1699-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480, eff. 9-9-15;
17revised 10-14-15.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".