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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

COUNTIES
(55 ILCS 5/) Counties Code.

55 ILCS 5/Div. 3-12

 
    (55 ILCS 5/Div. 3-12 heading)
Division 3-12. Merit Employment System

55 ILCS 5/3-12001

    (55 ILCS 5/3-12001) (from Ch. 34, par. 3-12001)
    Sec. 3-12001. Creation or abolition of Personnel Policy Commission. The County Board of any county having a population of 350,000 or more but less than 1,000,000 inhabitants as determined by the last preceding federal census, may by ordinance create a Personnel Policy Commission.
    If the county board does not by ordinance create a Personnel Policy Commission pursuant to the provisions of this Division, a petition may be filed with the county clerk, signed by not less than 1% of the registered voters of the county, requesting the submission to a referendum of the following proposition: shall the county board of..... county create a Personnel Policy Commission pursuant to the provisions of Division 3-12 of the Counties Code?
    If such a petition is filed, the county clerk shall submit the proposition to the voters at an election to be held in accordance with the general election law.
    If a majority of the voters voting on the proposition vote in favor of it, the county board shall, by ordinance, create a Personnel Policy Commission pursuant to the provisions of this Division.
    At any time after the creation of a Personnel Policy Commission pursuant to this Division, a petition may be filed with the county clerk, signed by not less than 1% of the registered voters of the county, requesting the submission to a referendum of the following proposition: shall the county board of..... county abolish the Personnel Policy Commission established pursuant to the provisions of Division 3-12 of the Counties Code?
    The election authority shall submit the proposition to the voters at an election to be held in accordance with the general election law.
    If a majority of the voters voting on the proposition vote in favor of it, the county board shall, by ordinance, abolish such Personnel Policy Commission.
(Source: P.A. 86-962.)

55 ILCS 5/3-12002

    (55 ILCS 5/3-12002) (from Ch. 34, par. 3-12002)
    Sec. 3-12002. Definitions. The following words and terms found in this Division have the meaning defined in this Section unless the context clearly indicates that a different meaning is intended.
    (a) Appointing authority: the officer, individual, board or group, who by law or legally delegated authority, has the authority to appoint or to remove personnel from positions as county employees.
    (b) Appointment: the offer and the acceptance of employment in the county service.
    (c) Board: a county board.
    (d) Class: one or more positions sufficiently similar with respect to duties and responsibilities that the same descriptive title may be used with clarity to designate each of said positions; that the same minimum qualifications are appropriate for the performance of each such position; that the same test of fitness may be used to rank applicants on the basis of merit; and that the same schedule of pay may be applied to all such similar positions.
    (e) Classification plan: a list of the classes in the classified service by official title. For each class, a specification shall be prepared which shall set forth the duties, responsibilities and authority thereof, and the minimum qualifications necessary for entry into any of the positions in the class.
    (f) Classified service: all positions and employees in the county service subject to the provisions of this Division.
    (g) Commission: the County Personnel Policy Commission established under this Division.
    (h) County: the County government.
    (i) Department: a county governmental unit under the control of an appointing authority which has a separate operating budget approved by the Board.
    (j) Director: Director of the County Personnel Department.
    (k) Eligible: a person who has attained a passing score on an examination for a specific class.
    (l) Employee: a person who is paid a wage, salary or stipend from public monies in accordance with official entries on a county payroll.
    (m) List of eligibles: the persons who have met the minimum requirements for entry into a class.
    (n) Part-time employee: an employee who works less than 30 hours per week.
    (o) Permanent employee: any employee in the classified service who has satisfactorily completed the probationary period and has been so certified by the appointing authority.
    (p) Personnel department: the personnel director and the employees under the director's supervision.
    (q) Position: a specific employment whether occupied or vacant, involving duties requiring the services of one person.
    (r) Probation: a specified period of employment following appointment, reemployment, transfer, promotion or demotion; it is the final step in the examination process during which work performance of an employee is evaluated.
    (s) Promotion: a change in the assignment of an employee from a position in one class to a position in another class having a higher range of pay.
    (t) Suspension: the temporary separation of an employee from his/her position for disciplinary reasons.
    (u) Temporary employee: an employee who by prearrangement works at a given position for not more than 4 months per year.
    (v) Unclassified service: all positions in the county service which are exempt from the provisions of this Division and from the rules pertaining thereto.
(Source: P.A. 86-962.)

55 ILCS 5/3-12003

    (55 ILCS 5/3-12003) (from Ch. 34, par. 3-12003)
    Sec. 3-12003. Classified and unclassified service. The county service shall be divided into the classified and unclassified service. All offices and positions of the county shall be in the classified service unless specially designated as being in the unclassified service by this Division. Positions in the unclassified service shall include the following:
    (1) officials elected at large in the county and up to three chief assistants to each such elected official;
    (2) department managers;
    (3) officials and employees whose appointment and removal is otherwise provided by law;
    (4) attorneys;
    (5) chief deputies, assistant chief deputies, first assistants to department managers and second assistants to department managers, according to the following standards:
    a. in offices of fewer than 20 full time employees, one chief deputy or first assistant to the department manager;
    b. in offices of more than 20 people, the chief deputy or first assistant and the assistant chief deputy or second assistant;
    (6) private secretaries to all those exempted persons except attorneys below the rank of second assistant; and
    (7) all part-time or temporary employees.
(Source: P.A. 86-962.)

55 ILCS 5/3-12004

    (55 ILCS 5/3-12004) (from Ch. 34, par. 3-12004)
    Sec. 3-12004. Membership of commission. (a) There shall be a Personnel Policy Commission consisting of 5 members selected from the general public by the county board chairman with the consent of the county board.
    (b) From the membership of the Personnel Policy Commission the county board chairman shall select a chairman of the commission.
    (c) Appointments to the Personnel Policy Commission shall be made as follows:
    (1) two members shall be appointed for a term ending the first Monday of July, 1979;
    (2) two members shall be appointed for a term ending the first Monday of July, 1980;
    (3) one member shall be appointed for a term ending the first Monday of July, 1981;
    (4) thereafter, not later than the first Tuesday of June, each member shall be appointed in the same manner for a term of 3 years, except that any person appointed to fill a vacancy occurring prior to the expiration of a term shall be appointed in the same manner for the remainder of the term. Each member of the commission shall hold office until his successor is appointed and qualified. The Personnel Policy Commission shall meet at such time and place as shall be specified by call of the commission chairman. At least one meeting shall be held quarterly; three members shall constitute a quorum for the transaction of business. Commission members shall serve without compensation; however, they shall be reimbursed for travel and other necessary and reasonable expenses in accordance with the established procedures of the county.
    (d) Commission members shall be subject to the following qualifications restrictions:
    a. not more than 3 members shall be of the same political party;
    b. no commissioner shall hold another lucrative office or employment under the United States, the State of Illinois or any municipal corporation or political division thereof;
    c. no commissioner shall be a member of any local, state or national committee of a local political party or an officer or member of standing committees of any partisan political group or organization;
    d. no commissioner can be a candidate for any partisan elective public office;
    e. commissioners may be removed from office by the county board chairman, with the consent of the county board, for neglect of duty or malfeasance in office.
    (e) The county board shall make appropriations from the general fund to meet the estimated cost of administering the provisions of this resolution.
    (f) The Director of Personnel shall serve as executive secretary of the Personnel Policy Commission.
(Source: P.A. 86-962.)

55 ILCS 5/3-12005

    (55 ILCS 5/3-12005) (from Ch. 34, par. 3-12005)
    Sec. 3-12005. Powers and duties of commission. The commission shall:
    (a) be empowered to promulgate and amend rules, pertaining to the merit employment system, within the scope of Section 3-12007. Such rules and amendments thereto, upon adoption by majority vote of the commission, shall be submitted through the county board chairman to the county board and shall become effective 60 days thereafter unless the board enacts a resolution of non-acceptance within that time.
    (b) by its rules, provide for promotion on the basis of ascertained merit, examination and seniority, and provide, where practicable, that vacancies shall be filled by promotion. The commission shall submit to the appointing authority the names of not more than 5 applicants for each promotion.
    (c) review any grievance or disciplinary action concerning an employee where appealed by such employee, and issue a final determination.
    (d) investigate or require the Director of Personnel to investigate any matter, as it considers necessary, concerning the management of county personnel.
    (e) make periodic recommendations and reports as required by the county board.
    (f) perform such other duties as may be expressly set forth in this Division and in the regulations adopted pursuant thereto.
(Source: P.A. 86-962.)

55 ILCS 5/3-12006

    (55 ILCS 5/3-12006) (from Ch. 34, par. 3-12006)
    Sec. 3-12006. Director of Personnel. The Director of Personnel shall be a person experienced in the field of personnel administration, particularly in the application of merit principles and scientific methods to public employment, and shall be appointed by the county board chairman with the advice and consent of the county board.
    In addition to other duties as may be imposed by the Personnel Policy Commission, the duties of the Director of Personnel shall be to:
    (a) apply and carry out the provisions of this Division and the rules and regulations adopted hereunder;
    (b) be empowered to establish a system of examinations and procedures for appointment and removal of employees and other persons subject to the merit employment system;
    (c) prepare a register for each grade or class of positions of the persons whose general average standing upon examination is not less than the minimum fixed by the commission and who are otherwise eligible, listing each person in order of relative excellence;
    (d) be empowered to establish and carry out appropriate penalties, limited to dismissal, demotion, or suspension, for violations of Sections 3-12009, 3-12010 or 3-12011;
    (e) attend meetings of the Personnel Policy Commission, act as executive secretary, and keep minutes of its proceedings;
    (f) establish and maintain a roster of all employees in the county classified service showing class title, pay or status and other pertinent data;
    (g) subject to county board approval, appoint such employees of the personnel department and such special assistants as may be necessary to carry out effectively the provisions of this resolution;
    (h) develop, in cooperation with appointing authorities and others, programs for improvement of employee effectiveness, including but not limited to training, safety, health, counseling welfare and handling of grievances;
    (i) review as necessary the operation and effect of this Division and of the rules promulgated pursuant to this Division and report findings and recommendations to the Commission;
    (j) encourage and exercise leadership in the development of effective administration with the county agencies, departments and institutions; and
    (k) perform such other lawful acts which the Director of Personnel may consider necessary or desirable to carry out the purposes of this Division.
(Source: P.A. 86-962.)

55 ILCS 5/3-12007

    (55 ILCS 5/3-12007) (from Ch. 34, par. 3-12007)
    Sec. 3-12007. Proposed rules for classified service. (a) The Director of Personnel shall prepare and submit to the commission proposed rules for the classified service. The director shall give at least 10 days' notice to the heads of all departments or agencies affected and they shall be given an opportunity, upon their request, to appear before the commission to express their views thereon before action is taken by the commission.
    (b) The rules, as adopted pursuant to subsection (a) of Section 3-12005 shall provide for:
    (1) preparation, maintenance and revision of a position classification plan for all positions in the classified service, based upon the similarity of duties performed and responsibilities assumed, so that the same qualifications may reasonably be required and the same schedule of pay may be applied to all positions in the same class. Each position authorized by the Board shall be allocated by the director to the proper class and assigned to the appropriate pay range for that class.
    (2) promotion which shall give appropriate consideration to the applicant's qualifications, record of performance, seniority, and conduct. Vacancies shall be filled by promotion whenever practicable and in the best interest of the county service, and preference may be given to employees within the department in which the vacancy occurs.
    (3) open competitive examinations to determine the relative fitness of applicants for the respective competitive positions.
    (4) competitive selection of employees for all classes in the classified service.
    (5) establishment of lists of eligibles for appointment and promotion, upon which lists shall be placed the names of successful candidates in the order of their relative excellence in the respective examinations. The duration of eligible lists for initial appointment shall be for no more than one year unless extended by the director for not more than one additional year; lists of eligibles for promotion shall be maintained for as long as the tests on which they are based are considered valid by the director.
    (6) certification by the director to the appointing authorities of not more than the top 5 names from the list of eligibles for a single vacancy.
    (7) rejection of candidates who do not comply with reasonable job requirements in regard to such factors as age, physical condition, training and experience, or who are addicted to alcohol or narcotics or have been guilty of infamous or disgraceful conduct or are illegal aliens.
    (8) periods of probationary employment. During the initial probation period following appointment any employee may be discharged or demoted without charges or hearing except that any applicant or employee, regardless of status, who has reason to believe that he/she has been discriminated against because of religious opinions or affiliation, or race, sex, or national origin in any personnel action may appeal to the commission in accordance with the provisions of this Division or in appropriate rules established by the commission pursuant to subsection (a) of Section 3-12005.
    (9) provisional employment without competitive examinations when there is no appropriate eligible list available. No person hired as a provisional employee shall continue on the county payroll longer than 6 months per calendar year nor shall successive provisional appointments be allowed.
    (10) transfer from a position in one department to a position in another department involving similar qualifications, duties, responsibilities and salary.
    (11) procedures for authorized reinstatement within one year of persons who resign in good standing.
    (12) layoff by reason of lack of funds or work or abolition of the position, or material changes in duties or organization, and for the layoff of nontenured employees first, and for the reemployment of permanent employees so laid off, giving consideration in both layoff and reemployment to performance record and seniority in service.
    (13) keeping records of performance of all employees in the classified service.
    (14) suspension, demotion or dismissal of an employee for misconduct, inefficiency, incompetence, insubordination, malfeasance or other unfitness to render effective service and for the investigation and hearing of appeals of any employee recommended for suspension, demotion or dismissal by a department head for any of the foregoing reasons.
    (15) establishment of a plan for resolving employee grievances and complaints, including an appeals procedure.
    (16) hours of work, holidays and attendance regulations, and for annual, sick and special leaves of absence, with or without pay, or at reduced pay.
    (17) development of employee morale, safety and training programs.
    (18) establishment of a period of probation, the length of which shall be determined by the complexity of the work involved, but which shall not exceed one year without special written approval from the commission.
    (19) such other rules, not inconsistent with this Division, as may be proper and necessary for its enforcement.
(Source: P.A. 86-962.)

55 ILCS 5/3-12008

    (55 ILCS 5/3-12008) (from Ch. 34, par. 3-12008)
    Sec. 3-12008. Permanent status of incumbent employees. Upon the initial implementation of this Division, incumbent employees may obtain permanent status as follows:
    (a) Employees holding positions in the county classified service who have satisfactorily completed their prescribed probationary period shall, upon the certification of the manager or head of the agency or department in which they are employed, be continued in their positions in the classified service without examination.
    (b) Employees holding positions in the county classified service for less than their prescribed probationary period shall, upon certification of the manager or head of the agency or department in which they are employed, be continued in their positions in the classified service without examination until they shall have satisfactorily completed their prescribed probationary period.
    The salaries of incumbent employees in both the above-described categories shall not be reduced as a result of the adoption of this Division.
(Source: P.A. 86-962.)

55 ILCS 5/3-12009

    (55 ILCS 5/3-12009) (from Ch. 34, par. 3-12009)
    Sec. 3-12009. Political activity by employees. (a) No employee shall:
    (1) Use any political endorsement in connection with any appointment to a position in the county classified service, or
    (2) Use or promise to use any official authority or influence for the purpose of influencing the vote or political action of any person or for any consideration.
    (b) Any person in the county service who violates any of the provisions of this Section shall be subject to such penalties as are determined by the commission and promulgated in the merit employment system rules,
    (c) The provisions of this Section shall be construed as subordinate to any federal prohibitions against political activity by employees in the county classified service.
(Source: P.A. 86-962.)

55 ILCS 5/3-12010

    (55 ILCS 5/3-12010) (from Ch. 34, par. 3-12010)
    Sec. 3-12010. Unlawful discrimination prohibited. (a) No unlawful discrimination as that term is defined in the Illinois Human Rights Act, shall be exercised in any manner by any county official, appointing authority or employee.
    (b) The Illinois Human Rights Act applies to the employment practices of county officials, appointing authorities, and employees.
(Source: P.A. 86-962.)

55 ILCS 5/3-12011

    (55 ILCS 5/3-12011) (from Ch. 34, par. 3-12011)
    Sec. 3-12011. Certain statements and acts prohibited. (a) No person shall make any false statement, certificate, mark, rating or report with regard to any test, certification or appointment made under any provision of this Division or in any manner commit or attempt to commit any fraud preventing the impartial execution of this Division.
    (b) No person shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or other valuable consideration for or on account of any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in, a position in the county classified service.
    (c) No employee in the personnel department, examiner, or other person shall defeat, deceive or obstruct any person in his right to examination, eligibility, certification or appointment under this resolution, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any persons with respect to employment in the county classified service.
    (d) No person shall discharge, degrade or promote or in any manner change the official rank or compensation of any person in the classified service or subject to this Division, or promise or threaten to do so, for giving or withholding or neglecting to make any contribution of money or any other valuable thing for any party or political purpose, or for rendering, refusing or neglecting to render any party or political service.
(Source: P.A. 86-962.)

55 ILCS 5/3-12012

    (55 ILCS 5/3-12012) (from Ch. 34, par. 3-12012)
    Sec. 3-12012. Cooperation with governmental agencies. The Director of Personnel, acting in behalf of the county board, shall, as practicable, cooperate with other governmental agencies charged with public personnel administration in conducting examinations, training personnel, and establishing lists from which eligibles shall be certified for appointment, for promotion and for interchange of personnel.
(Source: P.A. 86-962.)

55 ILCS 5/3-12013

    (55 ILCS 5/3-12013) (from Ch. 34, par. 3-12013)
    Sec. 3-12013. Violations; prosecution. Any person who wilfully or through culpable negligence violates this Division, or any commission, examiner, agent or employee of the commission, or any applicant who wilfully or through culpable negligence violates any rule promulgated under this Division, shall be punished by a fine of not less than $50 nor more than $1,000, or by imprisonment in a penal institution other than the penitentiary for a term not exceeding 6 months, or both.
    All prosecutions for violations of this Division shall be instituted and conducted by the State's Attorney of the county where the offense occurred. In the case of conviction under this Division, the office or position held by the person convicted shall be considered vacant.
(Source: P.A. 91-357, eff. 7-29-99.)