(105 ILCS 5/34A-405) (from Ch. 122, par. 34A-405)
Sec. 34A-405.
Contracts.
(a) No contract or other obligation shall be
entered into by the Board unless it is consistent with the Financial Plan
and Budget in effect. No
multi-year employment contract or collective bargaining agreement
authorized or entered into pursuant to Section 34-49 or the Illinois
Educational Labor Relations Act, as now or hereafter amended, shall, with
respect to any terms and provisions thereof which are operative after
expiration of the first year of any such contract or agreement, be deemed
inconsistent with any Financial Plan and Budget at any time in effect;
provided, however, that any
terms and provisions of a contract or agreement which would increase
expenditures for salaries, benefits or other forms of compensation after
the expiration of the first year of such contract or agreement shall be
contingent upon the attainment of sufficient available revenues,
considering all necessary expenditures, to support such increases.
(b) The Authority may adopt, and from time to time amend, regulations
identifying categories and types of contracts and other obligations that
shall be subject to approval by the Authority and the procedure for submitting
contracts for approval. Each contract or other obligation that is entered
into by the Board and requires approval by the Authority shall contain a
provision stating that it shall not become legally binding on the Board
unless and until it has received the approval of the Authority. No contract
or other obligation that requires the approval of the Authority shall be
legally binding on the Board unless and until it has received such approval.
The Authority shall not, either by regulation or in practice, withhold
approval of any multi-year employment contract or collective bargaining
agreement authorized or entered into pursuant to Section 34-49 or the Illinois
Educational Labor Relations Act, as now or hereafter amended, if, in the
judgment of the Authority, the terms and provisions operative during the
first year of such contract or agreement are consistent with the Budget and
Financial Plan in effect for that period; provided, however, that any terms
and provisions of a contract or
agreement which would increase
expenditures for salaries, benefits or other forms of compensation after
the expiration of the first year of such contract or agreement shall be
contingent upon the attainment of sufficient available revenues,
considering all necessary expenditures, to support such increases.
(c) The Board shall submit to the Authority a copy of any contract or
other obligation for which the approval of the Authority is required, along
with a cost analysis and such other information as the Authority may require.
The Authority may prescribe any reasonable time, standards, procedures or
forms for submission of the contract or other obligation.
(d) The Authority shall approve the contract or obligation if, in its
judgment, the information required to be submitted is complete and the contract
or other obligation is consistent with the Budget and Financial Plan in
effect. Otherwise, the Authority shall reject the contract or other
obligation; provided, however, that any multi-year employment contract or
collective bargaining agreement authorized or entered into pursuant to
Section 34-49 or the Illinois Educational Labor Relations Act, as now or
hereafter amended, shall be approved by the Authority if in its judgment
the terms and provisions operative during the first year of such contract
or agreement are consistent with the Budget and Financial Plan in effect
for that period; provided, however, that any
terms and provisions of a contract or agreement which would increase
expenditures for salaries, benefits or other forms of compensation after
the expiration of the first year of such contract or agreement shall be
contingent upon the attainment of sufficient available revenues,
considering all necessary expenditures, to support such increases.
Contracts or other obligations not rejected within 30 days after submission
to the Authority shall be considered approved, provided, however, that the
Authority shall have an additional 30 days to approve or reject the contract
or other obligation if it so advises the Board within the initial 30 day
period.
(Source: P.A. 84-1057.)
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