State of Illinois
90th General Assembly
Legislation

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90_HB2401

      70 ILCS 2605/4            from Ch. 42, par. 323
      70 ILCS 2605/4.13         from Ch. 42, par. 323.13
          Amends the Metropolitan Water Reclamation  District  Act.
      Provides  that  the  general  superintendent  may  appoint an
      intergovernmental affairs coordinator, who shall serve at the
      pleasure  of  the  general  superintendent  and  who  is  not
      included  in  the  classified   civil   service.    Effective
      immediately.
                                                     LRB9007744EGfg
                                               LRB9007744EGfg
 1        AN  ACT  to  amend  the  Metropolitan  Water  Reclamation
 2    District Act by changing Sections 4 and 4.13.
 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 Sections 4 and 4.13 as follows:
 7        (70 ILCS 2605/4) (from Ch. 42, par. 323)
 8        Sec.   4.  The   commissioners  elected  under  this  Act
 9    constitute a board of commissioners for the district by which
10    they  are  elected,  which  board  of  commissioners  is  the
11    corporate  authority  of  the  sanitary  district,  and,   in
12    addition  to  all  other  powers specified in this Act, shall
13    establish the policies and goals of  the  sanitary  district.
14    The  general  superintendent, in addition to all other powers
15    specified in this Act,  shall  manage  and  control  all  the
16    affairs  and  property  of  the  sanitary  district and shall
17    regularly  report  to  the  Board  of  Commissioners  on  the
18    activities of the sanitary district in executing the policies
19    and  goals  established  by  the  board.   At  the  regularly
20    scheduled  meeting  of  odd  numbered  years  following   the
21    induction  of  new  commissioners  the board of commissioners
22    shall  elect  from  its  own  number  a   president   and   a
23    vice-president  to serve in the absence of the president, and
24    the chairman of the committee on  finance.  The  board  shall
25    provide  by  rule  when a vacancy occurs in the office of the
26    president, vice-president, or the chairman of  the  committee
27    on finance and the manner of filling such vacancy.
28        The  board  shall appoint from outside its own number the
29    general superintendent and treasurer for the district.
30        The general superintendent must  be  a  resident  of  the
31    sanitary  district  and  a  citizen of the United States.  He
                            -2-                LRB9007744EGfg
 1    must be selected solely upon his administrative and technical
 2    qualifications  and   without   regard   to   his   political
 3    affiliations.
 4        In the event of illness or other prolonged absence, death
 5    or  resignation  creating  a  vacancy  in  the  office of the
 6    general  superintendent,   or   treasurer,   the   board   of
 7    commissioners  may appoint an acting officer from outside its
 8    own number, to perform the duties and responsibilities of the
 9    office during the term of the absence or vacancy.
10        The general superintendent with the advice and consent of
11    the board of commissioners, shall appoint the chief engineer,
12    chief of maintenance and operations, director  of  personnel,
13    purchasing  agent,  clerk, attorney, director of research and
14    development, and director of information technology.    These
15    constitute  the  heads  of  the  Department  of  Engineering,
16    Maintenance  and  Operations, Personnel, Purchasing, Finance,
17    Law, Research and Development,  and  Information  Technology,
18    respectively.   No  other departments or heads of departments
19    may be created without subsequent amendment to this Act.  All
20    such department heads are under the direct supervision of the
21    general superintendent.
22        The director of personnel must be qualified under Section
23    4.2a of this Act.
24        The purchasing agent must be selected in accordance  with
25    Section 11.16 of this Act.
26        In the event of illness or other prolonged absence, death
27    or  resignation  creating  a  vacancy  in the office of chief
28    engineer, chief of maintenance and  operations,  director  of
29    personnel,  purchasing  agent,  clerk,  attorney, director of
30    research  and  development,  or   director   of   information
31    technology,  the  general  superintendent  shall  appoint  an
32    acting  officer to perform the duties and responsibilities of
33    the office during the term of the absence  or  vacancy.   Any
34    such  officers  appointed in an acting capacity are under the
                            -3-                LRB9007744EGfg
 1    direct supervision of the general superintendent.
 2        All appointive officers and acting  officers  shall  give
 3    bond as may be required by the board.
 4        The  general  superintendent,  treasurer,  acting general
 5    superintendent and acting treasurer hold their offices at the
 6    pleasure of the board of commissioners.
 7        The acting chief engineer, acting  chief  of  maintenance
 8    and  operations,  acting purchasing agent, acting director of
 9    personnel, acting clerk, acting attorney, acting director  of
10    research  and development, and acting director of information
11    technology hold their offices at the pleasure of the  general
12    superintendent.
13        The  chief engineer, chief of maintenance and operations,
14    director of personnel,  purchasing  agent,  clerk,  attorney,
15    director   of  research  and  development,  and  director  of
16    information technology may be removed from office  for  cause
17    by  the  general  superintendent.   Prior  to  removal,  such
18    officers  are entitled to a public hearing before the general
19    superintendent at which hearing they may  be  represented  by
20    counsel.   Before  the  hearing,  the  general superintendent
21    shall notify the board of commissioners of  the  date,  time,
22    place and nature of the hearing.
23        The     general    superintendent    may    appoint    an
24    intergovernmental affairs coordinator, who shall serve at the
25    pleasure of the general superintendent.
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-                LRB9007744EGfg
 1    the sanitary district including the duties of  all  employees
 2    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.
23        The annual salaries of the other  members  of  the  Board
24    shall be as follows:
25        For  the three members elected in November, 1980, $26,500
26    per annum for the first two years of the  term;  $28,000  per
27    annum  for  the  next  two  years of the term and $30,000 per
28    annum for the last two years.
29        For the three members elected in November, 1982,  $28,000
30    per annum for the first two years of the term and $30,000 per
31    annum thereafter.
32        For members elected in November, 1984, $30,000 per annum.
33        For  the three members elected in November, 1986, $32,000
34    for each of the first two years of the term, $34,000 for each
                            -5-                LRB9007744EGfg
 1    of the next two years and $36,000 for the last two years;
 2        For three members elected in November, 1988, $34,000  for
 3    each  of the first two years of the term and $36,000 for each
 4    year thereafter.
 5        For members elected  in  November,  1990  or  thereafter,
 6    $40,000.  The  board  of commissioners has full power to pass
 7    all necessary  ordinances,  orders,  rules,  resolutions  and
 8    regulations  for  the  proper  management  and conduct of the
 9    business of the board of commissioners  and  the  corporation
10    and  for  carrying  into  effect  the  object  for  which the
11    sanitary district is formed.  All ordinances, orders,  rules,
12    resolutions   and   regulations   passed   by  the  board  of
13    commissioners must, before they take effect, be  approved  by
14    the  president  of the board of commissioners. If he approves
15    thereof, he shall sign them, and such as he does not  approve
16    he  shall  return  to  the  board  of  commissioners with his
17    objections in writing at the  next  regular  meeting  of  the
18    board  of  commissioners occurring after the passage thereof.
19    Such  veto  may  extend  to  any  one  or   more   items   or
20    appropriations   contained   in   any   ordinance  making  an
21    appropriation, or to  the  entire  ordinance.   If  the  veto
22    extends  to  a  part  of  such  ordinance,  the residue takes
23    effect.  If the president  of  such  board  of  commissioners
24    fails  to  return  any  ordinance, order, rule, resolution or
25    regulation with his objections thereto in the time  required,
26    he  is  deemed  to  have  approved  it,  and  it takes effect
27    accordingly.  Upon the return of any ordinance, order,  rule,
28    resolution, or regulation by the president, the vote by which
29    it   was   passed  must  be  reconsidered  by  the  board  of
30    commissioners, and if upon such reconsideration two-thirds of
31    all the members agree by yeas and nays to pass it,  it  takes
32    effect  notwithstanding  the  president's  refusal to approve
33    thereof.
34        It is the policy of this State that all  powers  granted,
                            -6-                LRB9007744EGfg
 1    either  expressly or by necessary implication, by this Act or
 2    any other Illinois statute to the District may  be  exercised
 3    by the District notwithstanding effects on competition. It is
 4    the  intention of the General Assembly that the "State action
 5    exemption" to the application of federal  antitrust  statutes
 6    be  fully  available  to  the  District  to  the  extent  its
 7    activities are authorized by law as stated herein.
 8    (Source: P.A. 86-520; 87-1146.)
 9        (70 ILCS 2605/4.13) (from Ch. 42, par. 323.13)
10        Sec.   4.13.    The   following  offices  and  places  of
11    employment, insofar as there  are  or  may  be  such  in  the
12    sanitary   district,   shall   not  be  included  within  the
13    classified civil service: All elective officers, the director
14    of personnel, the clerk, treasurer, chief engineer, attorney,
15    general superintendent, chief of maintenance  and  operation,
16    purchasing  agent,  director  of  research  and  development,
17    director of information technology, intergovernmental affairs
18    coordinator,  and  secretary  and  administrative aide to the
19    president of the board of  trustees,  members  of  the  civil
20    service  board  and  special examiners appointed by the civil
21    service  board  and  the  secretaries  to  the  officers  and
22    individual trustees,  and  those  employed  for  periods  not
23    exceeding  5  years under any apprentice program, training or
24    intern programs funded wholly or in part by grants  from  the
25    State  of  Illinois or the United States of America. Further,
26    apprentices in a sanitary district apprenticeship program for
27    the trades shall not be included within the classified  civil
28    service.   Entry  into  a  sanitary  district  apprenticeship
29    program  for  the trades shall be by lottery.  Graduates of a
30    sanitary district apprenticeship program for the trades shall
31    be given additional points, in an amount to be determined  by
32    the  Director of Personnel, on examinations for civil service
33    journeymen positions in the trades at the sanitary district.
                            -7-                LRB9007744EGfg
 1    (Source: P.A. 87-370; 87-1146.)
 2        Section 99. Effective date.  This Act takes  effect  upon
 3    becoming law.

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