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Public Act 91-0722
HB3225 Enrolled LRB9110167MWgc
AN ACT concerning local government officials.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Sections 3-7002 and 3-7003 as follows:
(55 ILCS 5/3-7002) (from Ch. 34, par. 3-7002)
Sec. 3-7002. Cook County Sheriff's Merit Board. There is
created the Cook County Sheriff's Merit Board, hereinafter
called the Board, consisting of 7 5 members appointed by the
Sheriff with the advice and consent of the county board,
except that on and after the effective date of this
amendatory Act of 1997, the Sheriff may appoint 2 additional
members, with the advice and consent of the county board, at
his or her discretion. Of the members first appointed, one
shall serve until the third Monday in March, 1965 one until
the third Monday in March, 1967, and one until the third
Monday in March, 1969. Of the 2 additional members first
appointed under authority of this amendatory Act of 1991, one
shall serve until the third Monday in March, 1995, and one
until the third Monday in March, 1997. Of the 2 additional
members first appointed under the authority of this
amendatory Act of the 91st General Assembly, one shall serve
until the third Monday in March, 2005 and one shall serve
until the third Monday in March, 2006.
Upon the expiration of the terms of office of those first
appointed (including the 2 additional members first appointed
under authority of this amendatory Act of 1991 and under the
authority of this amendatory Act of the 91st General
Assembly), their respective successors shall be appointed to
hold office from the third Monday in March of the year of
their respective appointments for a term of 6 years and until
their successors are appointed and qualified for a like term.
As additional members are appointed under authority of this
amendatory Act of 1997, their terms shall be set to be
staggered consistently with the terms of the existing Board
members. No more than 3 members of the Board shall be
affiliated with the same political party, except that as
additional members are appointed by the Sheriff under
authority of this amendatory Act of 1997 and under the
authority of this amendatory Act of the 91st General
Assembly, the political affiliation of the Board shall be
such that no more than one-half of the members plus one
additional member may be affiliated with the same political
party. No member shall have held or have been a candidate
for an elective public office within one year preceding his
or her appointment.
The Sheriff may deputize members of the Board.
(Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97;
90-655, eff. 7-30-98.)
(55 ILCS 5/3-7003) (from Ch. 34, par. 3-7003)
Sec. 3-7003. Compensation and expenses of board members.
Each member of the Board shall receive compensation for each
day during which he is engaged in transacting the business of
the Board and, in addition thereto, his actual traveling and
other expenses necessarily incurred in discharging the duties
of his office. No member of the Board shall receive
compensation of more than $25,000 $10,000 in any fiscal year,
except that the Chairman shall receive compensation of no
more than $30,000 in any fiscal year. Such compensation
expenses shall be paid by the county.
(Source: P.A. 86-962.)
Section 10. The Metropolitan Water Reclamation District
Act is amended by changing Section 4 as follows:
(70 ILCS 2605/4) (from Ch. 42, par. 323)
Sec. 4. The commissioners elected under this Act
constitute a board of commissioners for the district by which
they are elected, which board of commissioners is the
corporate authority of the sanitary district, and, in
addition to all other powers specified in this Act, shall
establish the policies and goals of the sanitary district.
The general superintendent, in addition to all other powers
specified in this Act, shall manage and control all the
affairs and property of the sanitary district and shall
regularly report to the Board of Commissioners on the
activities of the sanitary district in executing the policies
and goals established by the board. At the regularly
scheduled meeting of odd numbered years following the
induction of new commissioners the board of commissioners
shall elect from its own number a president and a
vice-president to serve in the absence of the president, and
the chairman of the committee on finance. The board shall
provide by rule when a vacancy occurs in the office of the
president, vice-president, or the chairman of the committee
on finance and the manner of filling such vacancy.
The board shall appoint from outside its own number the
general superintendent and treasurer for the district.
The general superintendent must be a resident of the
sanitary district and a citizen of the United States. He
must be selected solely upon his administrative and technical
qualifications and without regard to his political
affiliations.
In the event of illness or other prolonged absence, death
or resignation creating a vacancy in the office of the
general superintendent, or treasurer, the board of
commissioners may appoint an acting officer from outside its
own number, to perform the duties and responsibilities of the
office during the term of the absence or vacancy.
The general superintendent with the advice and consent of
the board of commissioners, shall appoint the chief engineer,
chief of maintenance and operations, director of personnel,
purchasing agent, clerk, attorney, director of research and
development, and director of information technology. These
constitute the heads of the Department of Engineering,
Maintenance and Operations, Personnel, Purchasing, Finance,
Law, Research and Development, and Information Technology,
respectively. No other departments or heads of departments
may be created without subsequent amendment to this Act. All
such department heads are under the direct supervision of the
general superintendent.
The director of personnel must be qualified under Section
4.2a of this Act.
The purchasing agent must be selected in accordance with
Section 11.16 of this Act.
In the event of illness or other prolonged absence, death
or resignation creating a vacancy in the office of chief
engineer, chief of maintenance and operations, director of
personnel, purchasing agent, clerk, attorney, director of
research and development, or director of information
technology, the general superintendent shall appoint an
acting officer to perform the duties and responsibilities of
the office during the term of the absence or vacancy. Any
such officers appointed in an acting capacity are under the
direct supervision of the general superintendent.
All appointive officers and acting officers shall give
bond as may be required by the board.
The general superintendent, treasurer, acting general
superintendent and acting treasurer hold their offices at the
pleasure of the board of commissioners.
The acting chief engineer, acting chief of maintenance
and operations, acting purchasing agent, acting director of
personnel, acting clerk, acting attorney, acting director of
research and development, and acting director of information
technology hold their offices at the pleasure of the general
superintendent.
The chief engineer, chief of maintenance and operations,
director of personnel, purchasing agent, clerk, attorney,
director of research and development, and director of
information technology may be removed from office for cause
by the general superintendent. Prior to removal, such
officers are entitled to a public hearing before the general
superintendent at which hearing they may be represented by
counsel. Before the hearing, the general superintendent
shall notify the board of commissioners of the date, time,
place and nature of the hearing.
In addition to the attorney appointed by the general
superintendent, the board of commissioners may appoint from
outside its own number an attorney, or retain counsel, to
advise the board of commissioners with respect to its powers
and duties and with respect to legal questions and matters of
policy for which the board of commissioners is responsible.
The general superintendent is the chief administrative
officer of the district, has supervision over and is
responsible for all administrative and operational matters of
the sanitary district including the duties of all employees
which are not otherwise designated by law, and is the
appointing authority as specified in Section 4.11 of this
Act.
The board, through the budget process, shall fix the
compensation of all the officers and employees of the
sanitary district. Any incumbent of the office of president
may appoint an administrative aide which appointment remains
in force during his incumbency unless revoked by the
president.
Effective upon the election in January, 1985 of the
president and vice-president of the board of commissioners
and the chairman of the committee on finance, the annual
salary of the president shall be $37,500 and shall be
increased to $39,500 in January, 1987, $41,500 in January,
1989, and $50,000 in January, 1991, and $60,000 in January,
2001; the annual salary of the vice-president shall be
$35,000 and shall be increased to $37,000 in January, 1987,
$39,000 in January, 1989, and $45,000 in January, 1991, and
$55,000 in January, 2001; the annual salary of the chairman
of the committee on finance shall be $32,500 and shall be
increased to $34,500 in January, 1987, $36,500 in January,
1989, and $45,000 in January, 1991, and $55,000 in January,
2001.
The annual salaries of the other members of the Board
shall be as follows:
For the three members elected in November, 1980, $26,500
per annum for the first two years of the term; $28,000 per
annum for the next two years of the term and $30,000 per
annum for the last two years.
For the three members elected in November, 1982, $28,000
per annum for the first two years of the term and $30,000 per
annum thereafter.
For members elected in November, 1984, $30,000 per annum.
For the three members elected in November, 1986, $32,000
for each of the first two years of the term, $34,000 for each
of the next two years and $36,000 for the last two years;
For three members elected in November, 1988, $34,000 for
each of the first two years of the term and $36,000 for each
year thereafter.
For members elected in November, 1990, 1992, 1994, 1996,
or 1998 or thereafter, $40,000.
For members elected in November, 2000 and thereafter,
$50,000.
The board of commissioners has full power to pass all
necessary ordinances, orders, rules, resolutions and
regulations for the proper management and conduct of the
business of the board of commissioners and the corporation
and for carrying into effect the object for which the
sanitary district is formed. All ordinances, orders, rules,
resolutions and regulations passed by the board of
commissioners must, before they take effect, be approved by
the president of the board of commissioners. If he approves
thereof, he shall sign them, and such as he does not approve
he shall return to the board of commissioners with his
objections in writing at the next regular meeting of the
board of commissioners occurring after the passage thereof.
Such veto may extend to any one or more items or
appropriations contained in any ordinance making an
appropriation, or to the entire ordinance. If the veto
extends to a part of such ordinance, the residue takes
effect. If the president of such board of commissioners
fails to return any ordinance, order, rule, resolution or
regulation with his objections thereto in the time required,
he is deemed to have approved it, and it takes effect
accordingly. Upon the return of any ordinance, order, rule,
resolution, or regulation by the president, the vote by which
it was passed must be reconsidered by the board of
commissioners, and if upon such reconsideration two-thirds of
all the members agree by yeas and nays to pass it, it takes
effect notwithstanding the president's refusal to approve
thereof.
It is the policy of this State that all powers granted,
either expressly or by necessary implication, by this Act or
any other Illinois statute to the District may be exercised
by the District notwithstanding effects on competition. It is
the intention of the General Assembly that the "State action
exemption" to the application of federal antitrust statutes
be fully available to the District to the extent its
activities are authorized by law as stated herein.
(Source: P.A. 86-520; 87-1146.)
Section 90. The State Mandates Act is amended by adding
Section 8.24 as follows:
(30 ILCS 805/8.24 new)
Sec. 8.24. Exempt mandate. Notwithstanding Sections 6
and 8 of this Act, no reimbursement by the State is required
for implementation of any mandate created by this amendatory
Act of the 91st General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.
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