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91_HB3225enr HB3225 Enrolled LRB9110167MWgc 1 AN ACT concerning local government officials. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Counties Code is amended by changing 5 Sections 3-7002 and 3-7003 as follows: 6 (55 ILCS 5/3-7002) (from Ch. 34, par. 3-7002) 7 Sec. 3-7002. Cook County Sheriff's Merit Board. There is 8 created the Cook County Sheriff's Merit Board, hereinafter 9 called the Board, consisting of 75members appointed by the 10 Sheriff with the advice and consent of the county board, 11 except that on and after the effective date of this 12 amendatory Act of 1997, the Sheriff may appoint 2 additional 13 members, with the advice and consent of the county board, at 14 his or her discretion. Of the members first appointed, one 15 shall serve until the third Monday in March, 1965 one until 16 the third Monday in March, 1967, and one until the third 17 Monday in March, 1969. Of the 2 additional members first 18 appointed under authority of this amendatory Act of 1991, one 19 shall serve until the third Monday in March, 1995, and one 20 until the third Monday in March, 1997. Of the 2 additional 21 members first appointed under the authority of this 22 amendatory Act of the 91st General Assembly, one shall serve 23 until the third Monday in March, 2005 and one shall serve 24 until the third Monday in March, 2006. 25 Upon the expiration of the terms of office of those first 26 appointed (including the 2 additional members first appointed 27 under authority of this amendatory Act of 1991 and under the 28 authority of this amendatory Act of the 91st General 29 Assembly), their respective successors shall be appointed to 30 hold office from the third Monday in March of the year of 31 their respective appointments for a term of 6 years and until HB3225 Enrolled -2- LRB9110167MWgc 1 their successors are appointed and qualified for a like term. 2 As additional members are appointed under authority of this 3 amendatory Act of 1997, their terms shall be set to be 4 staggered consistently with the terms of the existing Board 5 members. No more than 3 members of the Board shall be 6 affiliated with the same political party, except that as 7 additional members are appointed by the Sheriff under 8 authority of this amendatory Act of 1997 and under the 9 authority of this amendatory Act of the 91st General 10 Assembly, the political affiliation of the Board shall be 11 such that no more than one-half of the members plus one 12 additional member may be affiliated with the same political 13 party. No member shall have held or have been a candidate 14 for an elective public office within one year preceding his 15 or her appointment. 16 The Sheriff may deputize members of the Board. 17 (Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97; 18 90-655, eff. 7-30-98.) 19 (55 ILCS 5/3-7003) (from Ch. 34, par. 3-7003) 20 Sec. 3-7003. Compensation and expenses of board members. 21 Each member of the Board shall receive compensation for each 22 day during which he is engaged in transacting the business of 23 the Board and, in addition thereto, his actual traveling and 24 other expenses necessarily incurred in discharging the duties 25 of his office. No member of the Board shall receive 26 compensation of more than $25,000$10,000in any fiscal year, 27 except that the Chairman shall receive compensation of no 28 more than $30,000 in any fiscal year. Such compensation 29 expenses shall be paid by the county. 30 (Source: P.A. 86-962.) 31 Section 10. The Metropolitan Water Reclamation District 32 Act is amended by changing Section 4 as follows: HB3225 Enrolled -3- LRB9110167MWgc 1 (70 ILCS 2605/4) (from Ch. 42, par. 323) 2 Sec. 4. The commissioners elected under this Act 3 constitute a board of commissioners for the district by which 4 they are elected, which board of commissioners is the 5 corporate authority of the sanitary district, and, in 6 addition to all other powers specified in this Act, shall 7 establish the policies and goals of the sanitary district. 8 The general superintendent, in addition to all other powers 9 specified in this Act, shall manage and control all the 10 affairs and property of the sanitary district and shall 11 regularly report to the Board of Commissioners on the 12 activities of the sanitary district in executing the policies 13 and goals established by the board. At the regularly 14 scheduled meeting of odd numbered years following the 15 induction of new commissioners the board of commissioners 16 shall elect from its own number a president and a 17 vice-president to serve in the absence of the president, and 18 the chairman of the committee on finance. The board shall 19 provide by rule when a vacancy occurs in the office of the 20 president, vice-president, or the chairman of the committee 21 on finance and the manner of filling such vacancy. 22 The board shall appoint from outside its own number the 23 general superintendent and treasurer for the district. 24 The general superintendent must be a resident of the 25 sanitary district and a citizen of the United States. He 26 must be selected solely upon his administrative and technical 27 qualifications and without regard to his political 28 affiliations. 29 In the event of illness or other prolonged absence, death 30 or resignation creating a vacancy in the office of the 31 general superintendent, or treasurer, the board of 32 commissioners may appoint an acting officer from outside its 33 own number, to perform the duties and responsibilities of the 34 office during the term of the absence or vacancy. HB3225 Enrolled -4- LRB9110167MWgc 1 The general superintendent with the advice and consent of 2 the board of commissioners, shall appoint the chief engineer, 3 chief of maintenance and operations, director of personnel, 4 purchasing agent, clerk, attorney, director of research and 5 development, and director of information technology. These 6 constitute the heads of the Department of Engineering, 7 Maintenance and Operations, Personnel, Purchasing, Finance, 8 Law, Research and Development, and Information Technology, 9 respectively. No other departments or heads of departments 10 may be created without subsequent amendment to this Act. All 11 such department heads are under the direct supervision of the 12 general superintendent. 13 The director of personnel must be qualified under Section 14 4.2a of this Act. 15 The purchasing agent must be selected in accordance with 16 Section 11.16 of this Act. 17 In the event of illness or other prolonged absence, death 18 or resignation creating a vacancy in the office of chief 19 engineer, chief of maintenance and operations, director of 20 personnel, purchasing agent, clerk, attorney, director of 21 research and development, or director of information 22 technology, the general superintendent shall appoint an 23 acting officer to perform the duties and responsibilities of 24 the office during the term of the absence or vacancy. Any 25 such officers appointed in an acting capacity are under the 26 direct supervision of the general superintendent. 27 All appointive officers and acting officers shall give 28 bond as may be required by the board. 29 The general superintendent, treasurer, acting general 30 superintendent and acting treasurer hold their offices at the 31 pleasure of the board of commissioners. 32 The acting chief engineer, acting chief of maintenance 33 and operations, acting purchasing agent, acting director of 34 personnel, acting clerk, acting attorney, acting director of HB3225 Enrolled -5- LRB9110167MWgc 1 research and development, and acting director of information 2 technology hold their offices at the pleasure of the general 3 superintendent. 4 The chief engineer, chief of maintenance and operations, 5 director of personnel, purchasing agent, clerk, attorney, 6 director of research and development, and director of 7 information technology may be removed from office for cause 8 by the general superintendent. Prior to removal, such 9 officers are entitled to a public hearing before the general 10 superintendent at which hearing they may be represented by 11 counsel. Before the hearing, the general superintendent 12 shall notify the board of commissioners of the date, time, 13 place and nature of the hearing. 14 In addition to the attorney appointed by the general 15 superintendent, the board of commissioners may appoint from 16 outside its own number an attorney, or retain counsel, to 17 advise the board of commissioners with respect to its powers 18 and duties and with respect to legal questions and matters of 19 policy for which the board of commissioners is responsible. 20 The general superintendent is the chief administrative 21 officer of the district, has supervision over and is 22 responsible for all administrative and operational matters of 23 the sanitary district including the duties of all employees 24 which are not otherwise designated by law, and is the 25 appointing authority as specified in Section 4.11 of this 26 Act. 27 The board, through the budget process, shall fix the 28 compensation of all the officers and employees of the 29 sanitary district. Any incumbent of the office of president 30 may appoint an administrative aide which appointment remains 31 in force during his incumbency unless revoked by the 32 president. 33 Effective upon the election in January, 1985 of the 34 president and vice-president of the board of commissioners HB3225 Enrolled -6- LRB9110167MWgc 1 and the chairman of the committee on finance, the annual 2 salary of the president shall be $37,500 and shall be 3 increased to $39,500 in January, 1987, $41,500 in January, 4 1989,and$50,000 in January, 1991, and $60,000 in January, 5 2001; the annual salary of the vice-president shall be 6 $35,000 and shall be increased to $37,000 in January, 1987, 7 $39,000 in January, 1989,and$45,000 in January, 1991, and 8 $55,000 in January, 2001; the annual salary of the chairman 9 of the committee on finance shall be $32,500 and shall be 10 increased to $34,500 in January, 1987, $36,500 in January, 11 1989,and$45,000 in January, 1991, and $55,000 in January, 12 2001. 13 The annual salaries of the other members of the Board 14 shall be as follows: 15 For the three members elected in November, 1980, $26,500 16 per annum for the first two years of the term; $28,000 per 17 annum for the next two years of the term and $30,000 per 18 annum for the last two years. 19 For the three members elected in November, 1982, $28,000 20 per annum for the first two years of the term and $30,000 per 21 annum thereafter. 22 For members elected in November, 1984, $30,000 per annum. 23 For the three members elected in November, 1986, $32,000 24 for each of the first two years of the term, $34,000 for each 25 of the next two years and $36,000 for the last two years; 26 For three members elected in November, 1988, $34,000 for 27 each of the first two years of the term and $36,000 for each 28 year thereafter. 29 For members elected in November, 1990, 1992, 1994, 1996, 30 or 1998or thereafter, $40,000. 31 For members elected in November, 2000 and thereafter, 32 $50,000. 33 The board of commissioners has full power to pass all 34 necessary ordinances, orders, rules, resolutions and HB3225 Enrolled -7- LRB9110167MWgc 1 regulations for the proper management and conduct of the 2 business of the board of commissioners and the corporation 3 and for carrying into effect the object for which the 4 sanitary district is formed. All ordinances, orders, rules, 5 resolutions and regulations passed by the board of 6 commissioners must, before they take effect, be approved by 7 the president of the board of commissioners. If he approves 8 thereof, he shall sign them, and such as he does not approve 9 he shall return to the board of commissioners with his 10 objections in writing at the next regular meeting of the 11 board of commissioners occurring after the passage thereof. 12 Such veto may extend to any one or more items or 13 appropriations contained in any ordinance making an 14 appropriation, or to the entire ordinance. If the veto 15 extends to a part of such ordinance, the residue takes 16 effect. If the president of such board of commissioners 17 fails to return any ordinance, order, rule, resolution or 18 regulation with his objections thereto in the time required, 19 he is deemed to have approved it, and it takes effect 20 accordingly. Upon the return of any ordinance, order, rule, 21 resolution, or regulation by the president, the vote by which 22 it was passed must be reconsidered by the board of 23 commissioners, and if upon such reconsideration two-thirds of 24 all the members agree by yeas and nays to pass it, it takes 25 effect notwithstanding the president's refusal to approve 26 thereof. 27 It is the policy of this State that all powers granted, 28 either expressly or by necessary implication, by this Act or 29 any other Illinois statute to the District may be exercised 30 by the District notwithstanding effects on competition. It is 31 the intention of the General Assembly that the "State action 32 exemption" to the application of federal antitrust statutes 33 be fully available to the District to the extent its 34 activities are authorized by law as stated herein. HB3225 Enrolled -8- LRB9110167MWgc 1 (Source: P.A. 86-520; 87-1146.) 2 Section 90. The State Mandates Act is amended by adding 3 Section 8.24 as follows: 4 (30 ILCS 805/8.24 new) 5 Sec. 8.24. Exempt mandate. Notwithstanding Sections 6 6 and 8 of this Act, no reimbursement by the State is required 7 for implementation of any mandate created by this amendatory 8 Act of the 91st General Assembly. 9 Section 99. Effective date. This Act takes effect upon 10 becoming law.