State of Illinois
90th General Assembly
Legislation

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90_HB1825

      70 ILCS 2605/4            from Ch. 42, par. 323
          Amends the Metropolitan Water Reclamation  District  Act.
      Provides that upon the election of officers from the board of
      commissioners,  the  board shall also elect a chairman of the
      committee on budget and employment.  Provides that upon  this
      election  in  1999,  this  chairman's  annual salary shall be
      $45,000.
                                                     LRB9001765PTcw
                                               LRB9001765PTcw
 1        AN  ACT  to  amend  the  Metropolitan  Water  Reclamation
 2    District Act by changing Section 4.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The Metropolitan Water Reclamation District
 6    Act is amended by changing Section 4 as follows:
 7        (70 ILCS 2605/4) (from Ch. 42, par. 323)
 8        Sec. 4.  Powers and duties of commissioners; officers and
 9    employees; compensation.   The  commissioners  elected  under
10    this Act constitute a board of commissioners for the district
11    by  which  they  are elected, which board of commissioners is
12    the corporate authority of the  sanitary  district,  and,  in
13    addition  to  all  other  powers specified in this Act, shall
14    establish the policies and goals of  the  sanitary  district.
15    The  general  superintendent, in addition to all other powers
16    specified in this Act,  shall  manage  and  control  all  the
17    affairs  and  property  of  the  sanitary  district and shall
18    regularly  report  to  the  board  of  commissioners  on  the
19    activities of the sanitary district in executing the policies
20    and  goals  established  by  the  board.   At  the  regularly
21    scheduled  meeting  of  odd  numbered  years  following   the
22    induction  of  new  commissioners, the board of commissioners
23    shall  elect  from  its  own  number  a  president,   and   a
24    vice-president  to  serve  in the absence of the president, a
25    and the chairman of the committee on finance, and a  chairman
26    of  the  committee  on budget and employment. The board shall
27    provide by rule when a vacancy occurs in the  office  of  the
28    president,  vice-president,  or the chairman of the committee
29    on finance, or the chairman of the committee  on  budget  and
30    employment  and the manner of filling the such vacancy.
31        The  board  shall appoint from outside its own number the
                            -2-                LRB9001765PTcw
 1    general superintendent and treasurer for the district.
 2        The general superintendent must  be  a  resident  of  the
 3    sanitary  district  and  a  citizen of the United States.  He
 4    must be selected solely upon his administrative and technical
 5    qualifications  and   without   regard   to   his   political
 6    affiliations.
 7        In the event of illness or other prolonged absence, death
 8    or  resignation  creating  a  vacancy  in  the  office of the
 9    general  superintendent,   or   treasurer,   the   board   of
10    commissioners  may appoint an acting officer from outside its
11    own number, to perform the duties and responsibilities of the
12    office during the term of the absence or vacancy.
13        The general superintendent with the advice and consent of
14    the board of commissioners, shall appoint the chief engineer,
15    chief of maintenance and operations, director  of  personnel,
16    purchasing  agent,  clerk, attorney, director of research and
17    development, and director of information technology.    These
18    constitute  the  heads  of  the  Department  of  Engineering,
19    Maintenance  and  Operations, Personnel, Purchasing, Finance,
20    Law, Research and Development,  and  Information  Technology,
21    respectively.   No  other departments or heads of departments
22    may be created without subsequent amendment to this Act.  All
23    such department heads are under the direct supervision of the
24    general superintendent.
25        The director of personnel must be qualified under Section
26    4.2a of this Act.
27        The purchasing agent must be selected in accordance  with
28    Section 11.16 of this Act.
29        In the event of illness or other prolonged absence, death
30    or  resignation  creating  a  vacancy  in the office of chief
31    engineer, chief of maintenance and  operations,  director  of
32    personnel,  purchasing  agent,  clerk,  attorney, director of
33    research  and  development,  or   director   of   information
34    technology,  the  general  superintendent  shall  appoint  an
                            -3-                LRB9001765PTcw
 1    acting  officer to perform the duties and responsibilities of
 2    the office during the term of the absence  or  vacancy.   Any
 3    such  officers  appointed in an acting capacity are under the
 4    direct supervision of the general superintendent.
 5        All appointive officers and acting  officers  shall  give
 6    bond as may be required by the board.
 7        The  general  superintendent,  treasurer,  acting general
 8    superintendent, and acting treasurer hold  their  offices  at
 9    the pleasure of the board of commissioners.
10        The  acting  chief  engineer, acting chief of maintenance
11    and operations, acting purchasing agent, acting  director  of
12    personnel,  acting clerk, acting attorney, acting director of
13    research and development, and acting director of  information
14    technology  hold their offices at the pleasure of the general
15    superintendent.
16        The chief engineer, chief of maintenance and  operations,
17    director  of  personnel,  purchasing  agent, clerk, attorney,
18    director  of  research  and  development,  and  director   of
19    information  technology  may be removed from office for cause
20    by the general superintendent.  Prior to  removal,  the  such
21    officers  are entitled to a public hearing before the general
22    superintendent at which hearing they may  be  represented  by
23    counsel.   Before  the  hearing,  the  general superintendent
24    shall notify the board of commissioners of  the  date,  time,
25    place, and nature of the hearing.
26        In  addition  to  the  attorney  appointed by the general
27    superintendent, the board of commissioners may  appoint  from
28    outside  its  own  number  an attorney, or retain counsel, to
29    advise the board of commissioners with respect to its  powers
30    and duties and with respect to legal questions and matters of
31    policy for which the board of commissioners is responsible.
32        The  general  superintendent  is the chief administrative
33    officer  of  the  district,  has  supervision  over  and   is
34    responsible for all administrative and operational matters of
                            -4-                LRB9001765PTcw
 1    the  sanitary  district including the duties of all employees
 2    that which are not otherwise designated by law,  and  is  the
 3    appointing  authority  as  specified  in Section 4.11 of this
 4    Act.
 5        The board, through the  budget  process,  shall  fix  the
 6    compensation  of  all  the  officers  and  employees  of  the
 7    sanitary  district.  Any incumbent of the office of president
 8    may appoint an administrative aide which appointment  remains
 9    in   force  during  his  incumbency  unless  revoked  by  the
10    president.
11        Effective upon the  election  in  January,  1985  of  the
12    president  and  vice-president  of the board of commissioners
13    and the chairman of the  committee  on  finance,  the  annual
14    salary  of  the  president  shall  be  $37,500  and  shall be
15    increased to $39,500 in January, 1987,  $41,500  in  January,
16    1989,  and $50,000 in January, 1991; the annual salary of the
17    vice-president shall be $35,000  and shall  be  increased  to
18    $37,000  in  January,  1987,  $39,000  in  January,  1989 and
19    $45,000 in January, 1991; the annual salary  of the  chairman
20    of  the  committee  on  finance shall be $32,500 and shall be
21    increased to $34,500 in January, 1987,  $36,500  in  January,
22    1989  and  $45,000  in  January,  1991.  Effective  upon  the
23    election  in  January 1999, the annual salary of the chairman
24    of the committee on budget and employment shall be $45,000.
25        The annual salaries of the other  members  of  the  Board
26    shall be as follows:
27        For  the  3  three  members  elected  in  November, 1980,
28    $26,500 per annum for the first 2  two  years  of  the  term;
29    $28,000  per  annum  for the next 2 two years of the term and
30    $30,000 per annum for the last 2 two years.
31        For the  3  three  members  elected  in  November,  1982,
32    $28,000  per  annum for the first 2 two years of the term and
33    $30,000 per annum thereafter.
34        For members elected in November, 1984, $30,000 per annum.
                            -5-                LRB9001765PTcw
 1        For the  3  three  members  elected  in  November,  1986,
 2    $32,000  for  each  of  the  first  2  two years of the term,
 3    $34,000 for each of the next 2 two years and $36,000 for  the
 4    last 2 two years;
 5        For  3  three  members elected in November, 1988, $34,000
 6    for each of the first 2 two years of the term and $36,000 for
 7    each year thereafter.
 8        For members elected  in  November,  1990  or  thereafter,
 9    $40,000.  The  board  of commissioners has full power to pass
10    all necessary ordinances,  orders,  rules,  resolutions,  and
11    regulations  for  the  proper  management  and conduct of the
12    business of the board of commissioners  and  the  corporation
13    and  for  carrying  into  effect  the  object  for  which the
14    sanitary district is formed.  All ordinances, orders,  rules,
15    resolutions,   and   regulations   passed  by  the  board  of
16    commissioners must, before they take effect, be  approved  by
17    the  president  of the board of commissioners. If he approves
18    thereof, he shall sign them, and such as he does not  approve
19    he  shall  return  to  the  board  of  commissioners with his
20    objections in writing at the  next  regular  meeting  of  the
21    board  of  commissioners occurring after the passage thereof.
22    Such  veto  may  extend  to  any  one  or   more   items   or
23    appropriations   contained   in   any   ordinance  making  an
24    appropriation, or to  the  entire  ordinance.   If  the  veto
25    extends  to  a  part of the such ordinance, the residue takes
26    effect.  If the president of the such board of  commissioners
27    fails  to  return  any ordinance, order, rule, resolution, or
28    regulation with his objections thereto in the time  required,
29    he  is  deemed  to  have  approved  it,  and  it takes effect
30    accordingly.  Upon the return of any ordinance, order,  rule,
31    resolution, or regulation by the president, the vote by which
32    it   was   passed  must  be  reconsidered  by  the  board  of
33    commissioners,  and  if   upon   the   such   reconsideration
34    two-thirds  of all the members agree by yeas and nays to pass
                            -6-                LRB9001765PTcw
 1    it, it takes effect notwithstanding the  president's  refusal
 2    to approve thereof.
 3        It  is  the policy of this State that all powers granted,
 4    either expressly or by necessary implication, by this Act  or
 5    any  other  Illinois statute to the District may be exercised
 6    by the District notwithstanding effects on competition. It is
 7    the intention of the General Assembly that the "State  action
 8    exemption"  to  the application of federal antitrust statutes
 9    be  fully  available  to  the  District  to  the  extent  its
10    activities are authorized by law as stated herein.
11    (Source: P.A. 86-520; 87-1146.)

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