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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.
() 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.)
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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.)
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55 ILCS 5/Div. 3-13
(55 ILCS 5/Div. 3-13 heading)
Division 3-13.
Accounts and Annual Reports
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55 ILCS 5/3-13001
(55 ILCS 5/3-13001) (from Ch. 34, par. 3-13001)
Sec. 3-13001.
Account of fees received by county officers.
Every county officer of counties of the first and second classes who
collects fees shall, in a book to be kept for that purpose, keep a full,
true and minute account of all the fees and emoluments of his or her
office, designating in corresponding columns, the amount of all fees and
emoluments earned, and all payments received on account thereof, and
showing the name of each person or persons paying fees, and the amount
received from each person, and shall also keep an account of all
expenditures made by him or her on account of clerk hire, stationery, fuel,
and other expenses, for keeping which book no fees shall be allowed to such
officer.
Every such officer of counties of the first and second classes, shall,
on the first day of June and December of each year,
make to the chairman of the county boards, a return in writing of all the
fees and emoluments of his or her office, of every name and character,
which report shall show the gross amount of the earnings of the office, and
the total amount of receipts of whatever name and character, and all
necessary expenses for clerk hire, stationery, fuel and other expenses for
the half year ending at the time of such report, or the portion thereof.
The county boards, in counties of the first and second class, shall
carefully audit and examine such report, and ascertain the exact
balance of such fees, if any, held by any such officer, and shall order
that such officer shall pay over such moneys to the county treasurer, whose
receipt therefor shall be evidence of the settlement, by such officer of
such report.
Every such report shall be signed and verified by the affidavit of the
officer making the same, which affidavit shall be substantially of the
following form:
"STATE OF ILLINOIS,
County of ....
I, ...., do solemnly swear, that the foregoing account is, in all
respects, just and true, according to my best knowledge and belief; and
that I have neither received, directly or indirectly, nor directly or
indirectly agreed to receive or be paid, for my own or another's benefit,
any other moneys, article or consideration than therein stated.
........................
Signed and sworn to before me on (insert date).
......................."
(Source: P.A. 91-357, eff. 7-29-99.)
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55 ILCS 5/3-13002
(55 ILCS 5/3-13002) (from Ch. 34, par. 3-13002)
Sec. 3-13002.
Books of account; violations.
In counties of the
third class, there shall be formulated, installed and regulated in offices
of every county officer, (hereinafter referred to as "county
officers") by and under the direction of the county board of the counties
of the third class, a uniform system of books of account, forms, reports
and records, which system of books of account, forms, reports and
records, and no other, shall be used by such county officers of the
counties of the third class herein named, in compiling the reports
hereinafter provided for to be made by them and in keeping a true and
accurate account of fees received, and all other transactions
of the business of their respective offices.
The system of books of accounts, forms, reports and records may be
altered, changed or amended from time to time by the county boards of
the counties of the third class, or under their authority, and, when
so altered, changed or amended shall be used by the county officers of
counties of the third class in lieu of the books of account, forms, reports
and records then in use.
The county boards in counties of the third class are hereby authorized
and empowered to audit the said books of account, forms, reports and
records, containing the record of the fees received, and
all other transactions of the county officers at any time and for the
purpose of so doing, the county board in counties of the third class,
or anyone by such boards authorized to do so, are hereby vested with power
and authority to enter the said offices of such county officers of the
counties of the third class at all times, and have free and unrestricted
access to all of the books, papers, forms, records and reports, used by
the county officers named herein, in recording the receipt of fees
received by them, and of all other business of their
respective offices for the purpose of so auditing, checking, compiling or
copying the reports, provided hereinafter to be made to the county boards
of counties of the third class.
The county officers in the counties of the third class
shall, on the first day of June and
December of each and every year, make and transmit a report in
writing under oath to the county board of counties of the third class
upon such forms as may be prescribed by the board for that purpose, and,
if the board in such counties does not prescribe a form for such report,
then, the county officers named herein shall make a report under oath in
the same manner as is provided for in counties of the first and second class.
The report so provided to be made and transmitted to the county board of
counties of the third class, by the provisions of this Division, shall
forthwith be audited by the county board or under its
authority, and, if found correct, the same shall be forthwith approved and
also attested by some one authorized by it so to do, and if, after the same
is audited, same is found correct, the county officer so
making the report shall be notified in writing, by the county board, in
such counties that the same has been audited and found
correct and so attested; and if, after auditing, the county board is
unable to approve the same, the county officer so making the same
shall be forthwith notified in writing that the report, giving the
date thereof, by him or her filed, is incorrect, and the notification shall
state wherein the same is incorrect, and that the county board is
unable to approve the same.
The county officers named herein, in making their report, as provided
for herein, shall in no case include in the report any item previously
reported, but shall make a separate report of all fees and emoluments which
have previously been returned not received and which have been paid
during the half year previous to making any such report, designating them
as in other cases and indicating in what half year the same were
earned. Nothing in this provision shall be construed as depriving
the county boards of counties of the third class of the authority to
prescribe forms to the county officers in counties of the third class,
to be used by them in reporting such fees.
The county boards in counties of all classes shall have full authority
in their respective meetings, to inspect, examine and audit the records,
feebooks, books, papers, forms, memoranda and reports of any county officer
in which fees are charged or recorded and in which is kept any minutes or
records of the business of their respective offices for the purpose of
checking, auditing and correcting the accounts rendered by the county officers.
All fees, perquisites and emoluments received by said county officers in
counties of the first and second classes shall be paid into the county
treasury, and every county officer in counties of the third class, shall
pay into the county treasury at the end of each current
month all fees received by him or her during the said month which, under the
constitution of this State, he is required to pay into the county treasury.
Provided that in counties of the first and second classes all excess
fees of the county officers paid into the county treasury as above provided
shall be placed in a separate fund to be known as "county officers fund"
and used for the purpose of paying any of the necessary expenses of the
several county officers, including stationery, printing and office supplies
when bills for the payment thereof have been properly allowed by the county
board, and after the thirtieth day of November of each year any unexpended
moneys which were paid into such fund during the preceding year shall be
accredited to the general fund of the county.
The county treasurer in all counties, shall keep a book for the purpose
of entering all fees received by him or her, in which shall be entered and set
forth particularly the amount of fees received, from whom and when
received, which book shall be subject to the inspection of the county boards.
Any officer who fails or refuses to permit county boards or any one
authorized by such boards, to have free and unrestricted access to books,
papers, records and memoranda, as provided for herein, or fails or refuses
to make the payments to the county treasurer, as herein provided, or fails
or refuses to produce books for inspection or fails or refuses to make the
semi-annual report, as herein provided, shall be guilty of a petty offense.
And any officer named herein, who fails to enter fees in a book, as
required by this Division, or to use the books, forms,
reports and records, as provided herein to be used by them in counties of
the third class, or who makes a false entry of the same, or who falsifies
a semi-annual report, shall be deemed guilty of a petty offense of
malfeasance in office, for each offense, 1/2 of such fine to be paid to the
complainant and 1/2 to the county treasurer.
All acts or portions of acts in conflict with this are hereby repealed.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 3-14
(55 ILCS 5/Div. 3-14 heading)
Division 3-14.
Officers and Employees in Cook County
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55 ILCS 5/3-14001
(55 ILCS 5/3-14001) (from Ch. 34, par. 3-14001)
Sec. 3-14001.
Appointment of officers and employees; salaries
and bond. All officers and employees of the county of Cook, in the
classification hereinafter provided for, except those whose election or
appointment is otherwise provided for by law, and except those enumerated
in Section 3-14022, shall be appointed by the president of the board,
according to the provisions of this Section. The salaries or rate of
compensation of all officers and employees of said county, when not
otherwise provided by law, shall be fixed by the board of commissioners and
shall be fixed prior to the adoption of the annual appropriation, and shall
not be changed during the year for which the appropriation is made. The
board of commissioners shall also determine whether any or what amount of
bond any officer or employee shall give.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14002
(55 ILCS 5/3-14002) (from Ch. 34, par. 3-14002)
Sec. 3-14002.
Position-classification agency.
The Board of
Commissioners shall have the authority to create a position-classification
agency and to delegate to such agency the power to establish and maintain a
position-classification and compensation plan for all county employees
except those whose election or appointment is otherwise provided for by law
and except those enumerated in Section 3-14022. Without limitation as to
the generality hereof the authority of such agency shall also extend to the
offices of the Clerk of the Circuit Court, Sheriff, County Treasurer,
Recorder, Coroner, Jury Commissioners, Public Defender, County Clerk,
State's Attorney, County Assessor, Board of Appeals and Superintendent
of Schools.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14002.5
(55 ILCS 5/3-14002.5)
Sec. 3-14002.5.
Power to deduct wages for debts.
(a) Upon receipt of notice from the comptroller of a municipality
with a population of 500,000 or more, the Cook County Forest Preserve District,
the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Board of Education, or a
housing authority of a municipality with a population of 500,000 or more
that a debt is due and owing the
municipality, the Cook County Forest Preserve District, the Chicago Park
District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education, or the housing authority
by an employee of a county with a population of 3,000,000 or more,
the county may withhold, from the compensation of that employee, the amount of
the
debt that is due and owing and pay the amount withheld to the
municipality, the Cook County Forest Preserve District, the Chicago Park
District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education, or the housing authority; provided, however, that
the amount deducted from any
one
salary or wage payment shall not exceed 25% of the net amount of the
payment.
(b) Before the county deducts any amount from any salary or
wage of an employee under this Section, the municipality, the Cook County
Forest Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education, or the housing authority
shall
certify
that (i) the employee has been afforded an opportunity for a hearing to
dispute the debt that is due and owing the municipality, the Cook County Forest
Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education, or the housing authority and (ii) the employee has
received notice of a wage deduction order and has
been afforded an opportunity for a hearing to object to the order.
(c) For purposes of this Section:
(1) "Net amount" means that part of the salary or | | wage payment remaining after the deduction of any amounts required by law to be deducted.
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(2) "Debt due and owing" means (i) a specified sum of
| | money owed to the municipality, the Cook County Forest Preserve District, the Chicago Park District, the Metropolitan Water Reclamation District, the Chicago Transit Authority, the Chicago Board of Education, or the housing authority for services, work, or goods, after the period granted for payment has expired, or (ii) a specified sum of money owed to the municipality, the Cook County Forest Preserve District, the Chicago Park District, the Metropolitan Water Reclamation District, the Chicago Transit Authority, the Chicago Board of Education, or the housing authority pursuant to a court order or order of an administrative hearing officer after the exhaustion of, or the failure to exhaust, judicial review.
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(d) Nothing in this Section is intended to affect the power of a county to
withhold the amount of any debt that is due and owing the county by any of its
employees.
(Source: P.A. 92-109, eff. 7-20-01.)
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55 ILCS 5/3-14003
(55 ILCS 5/3-14003) (from Ch. 34, par. 3-14003)
Sec. 3-14003.
Department of construction, maintenance and
operation. The Board of Commissioners shall have the authority to create
and maintain a department of construction, maintenance and operation to
which may be assigned such powers as the board may deem necessary for the
proper construction, maintenance and operation of all buildings owned or
controlled by the County and used for County purposes.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14004
(55 ILCS 5/3-14004) (from Ch. 34, par. 3-14004)
Sec. 3-14004.
Department of central services.
The Board of
Commissioners shall have the authority to create and maintain a department
of central services to which may be assigned such powers as the Board may
deem necessary for the proper functioning of the County government.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14005
(55 ILCS 5/3-14005) (from Ch. 34, par. 3-14005)
Sec. 3-14005.
Budget department.
The board of commissioners shall
create and maintain a budget department to prepare an executive budget for
the County of Cook as directed by the president. The department shall be
headed by a budget director, who shall be appointed by the president with
the advice and consent of the board of commissioners.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14006
(55 ILCS 5/3-14006) (from Ch. 34, par. 3-14006)
Sec. 3-14006.
Creation of bureau of administration.
The Board of Commissioners of Cook County shall create and maintain a
bureau of administration which shall be headed by a chief administrative
officer appointed by the president with the approval of the board. The
bureau shall consist of the department of budget, the department of
personnel, the department of management services, and the department of
county planning.
Each department mentioned respectively has and shall exercise the
powers, duties, responsibilities, functions and authority provided by law
for those purposes or functions.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14007
(55 ILCS 5/3-14007) (from Ch. 34, par. 3-14007)
Sec. 3-14007.
Chief administrative officer.
The chief administrative
officer shall be a professional administrator experienced in public
administration. He shall serve at the pleasure of the president and until
his successor has been appointed and confirmed. Neither his political
beliefs nor his residence shall be factors when a candidate is under
consideration for the position of chief administrative officer.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14008
(55 ILCS 5/3-14008) (from Ch. 34, par. 3-14008)
Sec. 3-14008.
Powers and duties of chief administrative officer.
The chief administrative officer shall be responsible for the management
and direction of the bureau of administration and of any other agency,
function, or matter the county board may assign to him from time to time.
He shall be under the policy direction and the control of the president and
the county board, and his administrative actions shall be in conformance
with the laws and in accordance with the decisions and authorization of the
president and the board. He shall be privileged to attend all meetings of
the county board and its committees with the right to participate in
discussions but with no right to vote. The chief administrative officer has
all the powers and shall exercise all the duties granted elsewhere in this
Code to the Board of Commissioners of Cook County with respect to the
preparation of county budgets or budget estimates and the administration of
county budget appropriations including Sections 6-24002, 6-24003 and
6-24010. He shall carry out a continuing review of all county departments,
agencies, operations and needs, and shall, at his discretion or when
requested, make recommendations with respect to any or all matters
relevant thereto.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14009
(55 ILCS 5/3-14009) (from Ch. 34, par. 3-14009)
Sec. 3-14009.
Department of management services.
The department of management services shall encompass systems and
procedures, planning of data processing, administrative analysis, and
related management staff services, including any additional relevant
responsibilities that the county board may prescribe.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14010
(55 ILCS 5/3-14010) (from Ch. 34, par. 3-14010)
Sec. 3-14010.
Department of Data Processing.
The Board of
Commissioners has authority to create and maintain a Department of Data
Processing to which may be assigned such powers as the County Board may
deem necessary for the proper functioning of County government. This
department has authority to service all County departments, offices and
agencies established under the Board of Commissioners. The Board of
Commissioners may enter into agreements with constitutional officers of
county government for such services by the Department of Data Processing
within the respective offices of such elected county officers. The
department shall be headed by a Director, who shall be appointed by the
President with the advice and consent of the Board of
Commissioners.
(Source: P.A. 90-655, eff. 7-30-98.)
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55 ILCS 5/3-14011
(55 ILCS 5/3-14011) (from Ch. 34, par. 3-14011)
Sec. 3-14011.
Civil service commission.
The president of the county
board shall at the first regular meeting of the first day after July, A. D.
1895, appoint three persons, who shall constitute and be known as the civil
service commission of said county; one for a term ending on the first
Monday of December, A. D. 1895; one for a term ending on the first Monday
of December, A. D. 1896; one ending on the first Monday of December, A. D.
1897, and until their respective successors are appointed and qualified.
And at the respective dates above named, or soon thereafter, the president
shall in like manner appoint one person as the successor, or a commission,
whose term shall then expire, to serve as a commissioner for three years,
and until his successor is in like manner appointed and qualified. Two
commissioners shall constitute a quorum. All appointments to such
commission, both original and to fill vacancies, shall be so made that not
more than two members shall at the time of appointment be members of the
same political party. Said commissioner shall hold no other lucrative
office or employment under the United States, the State of Illinois, or any
municipal corporation or political division thereof. Each commissioner,
before entering upon the duties of his office, shall take the oath
prescribed by the Constitution of this State.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14012
(55 ILCS 5/3-14012) (from Ch. 34, par. 3-14012)
Sec. 3-14012.
Removal of commissioners; vacancy.
The president
may, in his discretion, remove any commissioner for incompetence, neglect
of duty or malfeasance in office. The president shall, at the next regular
meeting, report in writing any such removal to the board, with his reasons
therefor. Any vacancy in the office of civil service commissioner shall be
filled by appointment by the president.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14013
(55 ILCS 5/3-14013) (from Ch. 34, par. 3-14013)
Sec. 3-14013.
Classification of offices and places.
Said commissioners shall classify all the offices and places
of employment in said county with reference to the examination
hereinafter provided for, except those offices and places mentioned
in Section 3-14022. The offices and places so classified by the
commission shall constitute the classified civil service of said
county, and no appointments to any of such offices or places or
removals therefrom shall be made except under and according to
the rules hereinafter mentioned.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14014
(55 ILCS 5/3-14014) (from Ch. 34, par. 3-14014)
Sec. 3-14014.
Rules.
Said commission shall make rules to
carry out the purposes of this Division, and for examinations,
appointments and removals in accordance with its provisions, and the
commission may, from time to time, make changes in the original rules.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14015
(55 ILCS 5/3-14015) (from Ch. 34, par. 3-14015)
Sec. 3-14015.
Publication of rules and effective date.
All rules made as hereinbefore provided, and all changes
therein, shall forthwith be printed for distribution by said
commission; and the commission shall give notice of the place
or places where said rules may be obtained, by publication in
one or more daily newspapers published in such county; and in
each such publication shall be specified the date, not less
than ten days subsequent to the date of such publication, when
said rules shall go into operation.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14016
(55 ILCS 5/3-14016) (from Ch. 34, par. 3-14016)
Sec. 3-14016.
Examination.
of applicants. All applicants for
offices or places in said classified service, except those mentioned in
Section 3-14022 shall be subjected to examination, which shall be public,
competitive and open to all citizens of the United States who possess the
prerequisites necessary to the performance of the duties of the position,
with specified limitations as to residence, age, health, habits and moral
character, as stated in the notice of the examination. Such examinations
shall be practical in their character and shall relate to those matters
which will fairly test the relative capacity of the persons examined to
discharge the duties of the positions to which they seek to be appointed,
and shall include tests of physical qualifications and health, and when
appropriate, of manual skill. No questions in any examination shall relate
to political or religious opinion or affiliations. The commission shall
control all examinations and may, when an examination is to take place,
designate a suitable number of persons, either in or not in the official
service of said county, to be examiners; and it shall be the duty of such
examiners, and, if in the official service, it shall be a part of their
official duty, without extra compensation, to conduct such examination as
the commission may direct, and make return or report to said commission;
and the commission may at any time, act as such examiners, and without
appointing examiners. The examiners at any examination shall not all be
members of the same political party.
Every applicant who desires to take any civil service examination
provided for by this Division, shall, at the time of making application,
pay to the County a fee, as hereinafter provided, to defray the expenses of
such examination. Such fee shall be deposited in the general fund of the
County. Fees to be paid shall be determined from the minimum announced
salary for the positions to be filled, and shall be as follows:
Minimum salary of less than $1200 annually $0.50 Minimum salary of $1200 or over and less than $2000 annually 1.00 Minimum salary of $2000 or over and less than $3000 annually 2.00 Minimum salary of $3000 or more annually 3.00
which do not carry monetary compensations shall be fixed by action of the
Commission at the time such examinations are called.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14017
(55 ILCS 5/3-14017) (from Ch. 34, par. 3-14017)
Sec. 3-14017.
Notice of examination.
Notice of the time and place
and general scope and fee of every examination shall be given by the
commission by publication for two weeks preceding such examination, in a
newspaper of general circulation published in said county, and such notice
shall also be posted by said commission in a conspicuous place in their
office for two weeks before such examination. Such further notice of
examination may be given as the commission shall prescribe.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14018
(55 ILCS 5/3-14018) (from Ch. 34, par. 3-14018)
Sec. 3-14018.
Registers of candidates.
From the returns or reports
of the examiners, or from the examinations made by the commission, the
commission shall prepare a register for each grade or class of positions in
the classified service of said county, of the person whose general average
standing upon examination for such grade or class is not less than the
minimum fixed by the rules of such commission, and who are otherwise
eligible; and such persons shall take rank upon the registers as candidates
in the order of their relative excellence, as determined by examination,
without reference to priority of time of examination. Said commission may
strike off names of candidates from the register after they have remained
thereon for more than two years.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14019
(55 ILCS 5/3-14019) (from Ch. 34, par. 3-14019)
Sec. 3-14019.
Promotions.
The Commission shall, by its rules,
provide for promotion in such classified service, on the basis of
ascertained merit, examination and seniority in service, and shall provide,
in all cases where it is practicable, that vacancies shall be filled by
promotion. All examinations for promotion shall be competitive among such
members of the next lower rank or grade as desire to submit themselves to
such examination; provided, however, the commission, in order to create or
increase competition, may combine ranks or grades for the purpose of
promotion; and it shall be the duty of the commission to submit to the
appointing power the names of not more than three applicants for each
promotion having the highest rating. The method of examination and the
rules governing the same and the method of certifying shall be the same as
provided for applicants for original appointment.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14020
(55 ILCS 5/3-14020) (from Ch. 34, par. 3-14020)
Sec. 3-14020.
Appointments to classified service.
The head
of the institution, department or office in which a position classified
under this Division is to be filled, shall notify the president of the
board and said commission of that fact, and said commission shall certify
to the appointing officer the name and address of the candidate standing
highest upon the register for the class or grade said position belongs to,
except that in case of laborers, where a choice by competition is
impracticable, said commission may provide by its rules that the selection
may be made by lot from among those candidates proved fit by examination.
In making such certification, sex shall be disregarded. Said appointing
officer, meaning thereby the president of said board, shall notify said
commission of each position to be filled separately, and shall fill such
place by the appointment of the person certified by said commission
therefor, which appointment shall be on probation for a period to be fixed
by said rules. At or before the expiration of the period of probation, the
officer having the power of appointment may, with the consent of said
commission, discharge such person so appointed on probation, upon assigning
in writing to said commission his or her reasons therefor.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14021
(55 ILCS 5/3-14021) (from Ch. 34, par. 3-14021)
Sec. 3-14021.
Preference to veterans in appointments.
Persons
who were engaged in the military or naval service of the United States
during the years 1898, 1899, 1900, 1901, 1902, 1914, 1915, 1916, 1917,
1918, 1919, any time between September 16, 1940 and July 25, 1947, or any
time during the national emergency between June 25, 1950 and January 31,
1955, and who were honorably discharged therefrom, and all persons who were
engaged in such military or naval service during any of said years, any
time between September 16, 1940 and July 25, 1947, or any time during the
national emergency between June 25, 1950 and January 31, 1955, who are now
or may hereafter be on inactive or reserve duty in such military or naval
service, not including, however, persons who were convicted by
court-martial of disobedience of orders, where such disobedience consisted
in the refusal to perform military service on the ground of alleged
religious or conscientious objections against war shall be preferred for
appointment to civil offices, positions, and places of employment in the
classified service of the county, provided they are found
to possess the business capacity necessary for the proper discharge of the
duties of such office, position, or place of employment as determined by
examination for original entrance.
The Civil Service Commission on certifying from any existing register of
eligibles resulting from the holding of an examination for original
entrance or any register of eligibles that may be hereafter created of
persons who have taken and successfully passed the examinations provided
for in this Division for original entrance commenced prior to September 1,
1949, shall place the name or names of such persons at the head of any
existing eligible register or list of eligibles that shall be created under
the provisions of this Division to be certified for appointment. The Civil
Service Commission shall give preference for original appointment to
persons as hereinabove designated whose names appear on any register of
eligibles resulting from an examination for original entrance held under
the provisions of this Division and commenced on or after September 1, 1949
by adding to the final grade average which they received or will receive as
the result of any examination held for original entrance, five points. The
numerical result thus attained shall be applied by the Civil Service
Commission in determining the position of such persons on any eligible list
which has been created as the result of any examination for original
entrance commenced on or after September 1, 1949 for purposes of preference
in certification and appointment from such eligible list.
Every certified Civil Service employee who was called to, or who
volunteered for, the military or naval service of the United States at any
time during the years specified in this Division, at any time between September
16, 1940 and July 25, 1947, or any time during the national emergency
between June 25, 1950 and January 31, 1955, and who was honorably
discharged therefrom, who is now or who may hereafter be on inactive or
reserve duty in such military or naval service, not including, however,
persons who were convicted by courtmartial of disobedience of orders where
such disobedience consisted in the refusal to perform military service on
the ground of alleged religious or conscientious objections against war,
and whose name appears on existing promotional eligible registers or on any
promotional eligible register that may hereafter be created, shall be
preferred for promotional appointments to civil offices, positions, and
places of employment in the classified civil service of any county coming
under the provisions of this Division. The Civil Service Commission shall give
preference for promotional appointment to persons as hereinabove designated
whose names appear on existing promotional eligible registers or
promotional eligible registers that may hereafter be created by adding to
the final grade average which they received or will receive as the result
of any promotional examination commencing prior to September 1, 1949
three-fourths of one point for each 6 months or fraction thereof of
military or naval service not exceeding 30 months, and by adding to the
final grade average which they will receive as the result of any
promotional examination held commencing on or after September 1, 1949
seven-tenths of one point for each 6 months or fraction thereof of military
or naval service not exceeding 30 months. The numerical results thus
attained shall be applied by the Civil Service Commission in determining
the position of such persons on any eligible list which has been created or
will be created as the result of any promotional examination held hereunder
for purposes of preference in certification and appointment from such
eligible list. No person shall receive the preference for a promotional
appointment granted by this Section after he has received one promotion
from an eligible list on which he was allowed such preference and which was
prepared as a result of an examination held on or after September 1, 1949.
No person entitled to preference or credit for military or naval service
hereunder shall be required to furnish evidence or record of honorable
discharge from the armed forces before any examination held under the
provisions of this Division but such preference shall be given after the
posting or publication of the eligible list or register and before any
certification or appointments are made from the eligible register.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14022
(55 ILCS 5/3-14022) (from Ch. 34, par. 3-14022)
Sec. 3-14022.
Exemptions.
The following offices, positions and
places of employment are hereby exempted from the provisions of this
Division: officers elected by the people; the officers and
employees whose appointment and removal is otherwise provided
for by law; attorneys and other employees whose necessary
qualifications, in the judgment of the commission, include admission to
the practice of law in the state. The chief deputy assessor, deputy
assessor in charge of administrative service division, deputy assessor
in charge of real estate division and deputy assessor in charge of
personal property division, the appointment of whom shall be made by the
County Assessor of Cook County, shall not be included in the classified
service of Cook County. The superintendent of the Cook County Hospital
Mental Health Clinic and the purchasing agent, the appointment of whom
shall be made by the President of the Board of Commissioners of Cook
County, with the advice and consent of the Board of Commissioners
of Cook County, shall not be included in the classified service.
Provided, that the Board of Commissioners of Cook County may contract
with any recognized training school for the nursing of any or all of the
persons who are sick or mentally ill.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14023
(55 ILCS 5/3-14023) (from Ch. 34, par. 3-14023)
Sec. 3-14023.
Removals from classified service.
No officer
or employee in the classified service of the county, who shall have been
appointed under said rules and after said examination, shall be removed or
discharged or suspended for a period of more than 30 days, except for
cause, upon written charges to be filed in the office of the Civil Service
Commission by the executive head of the department, institution, or office
in which such officer or employee is then employed,
or by the appointing officer, and after an opportunity to be heard in his
own defense. Such charges shall be investigated or heard by or before the
Civil Service Commission, or by or before some officer or board appointed
by the Commission to conduct such investigation or hearing. The Commission,
after receipt of such charges, shall set a date for a hearing on or
investigation of such charges, which date shall be within 30 days from the
date of the suspension of such officer or employee on such charges pending
such investigation or hearing. The hearing shall be public, and the officer
or employee shall be entitled to call witnesses in his own defense and to
have the aid of counsel. The finding and decision of such Commission or
officer or board appointed by it to conduct such investigation when
approved by said Commission shall be certified to the appointing officer,
and shall be forthwith enforced by such officer. In making its finding and
decision, or in approving the finding and decision of some officer or board
appointed by it to conduct such investigation or hearing, the Civil Service
Commission may, for disciplinary purposes, suspend an officer or employee
for a period of time not to exceed 90 days, and in no event to exceed a
period of 120 days from the date of any suspension of said officer or
employee, pending investigation of such charges.
Nothing in this Division shall limit the authority of the
appointing officer or the executive head of any department, institution or
office to suspend a subordinate for a reasonable period not exceeding 30
days. Any officer or employee serving his or her probationary period fixed
by the Commission may be discharged by the appointing officers or the
executive head of the department, institution, or office in which such
officer or employee is then employed, without reference to the provisions of this Section.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14024
(55 ILCS 5/3-14024) (from Ch. 34, par. 3-14024)
Sec. 3-14024.
Lay-offs.
Whenever it becomes necessary through lack
of work or funds, or whenever a position is abolished and the number of
employees in a department must be reduced, the employee shall first be laid
off who has the lowest seniority in the grade and department in which the
reduction is to be made, except in the classification of laborer, where
candidates are not listed according to their relative proficiency as
provided in Section 3-14020, and where the employment is on a seasonal or
"as required" basis, the performance on the job of the employee shall be
considered rather than seniority.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14025
(55 ILCS 5/3-14025) (from Ch. 34, par. 3-14025)
Sec. 3-14025.
Reports to commission.
Immediate notice in writing
shall be given by the appointing power to said commission of all
appointments, permanent or temporary, made in such classified civil
service, and of all transfers, promotions, resignations or vacancies from
any cause in such service and of the date thereof and a record of the same
shall be kept by said commission. When any office or place of employment is
created or abolished, or the compensation attached thereto altered, the
officer or board making such change shall immediately report it in writing
to said commission.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14026
(55 ILCS 5/3-14026) (from Ch. 34, par. 3-14026)
Sec. 3-14026.
Investigations.
The commission shall
investigate the enforcement of this Division and its rules,
and the action of examiners herein provided for and the conduct
and action of the appointees on the classified civil service of
said county. In the course of such investigation each commissioner
shall have power to administer oaths, and said commission shall
have power to secure by its subpoena both the attendance and
testimony of witnesses and the production of books and papers
relevant to such investigations.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14027
(55 ILCS 5/3-14027) (from Ch. 34, par. 3-14027)
Sec. 3-14027.
Report of commission.
Said commission shall on or
before the first Monday of September of each year make to the president for
transmission to the board of commissioners a report showing its own action,
the rules in force, the practical effects thereof, and any suggestions it
may approve for the more effectual accomplishment of the purposes of this
Division. The president may require a report from said commission at any time.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14028
(55 ILCS 5/3-14028) (from Ch. 34, par. 3-14028)
Sec. 3-14028.
Chairman and secretary.
The civil service commission
shall select one of their own number to act as chairman and one as
secretary. The secretary shall keep the minutes of its proceedings,
preserve all reports made to it, keep a record of all examinations held
under its direction and perform such other duties as the commission shall
require.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14029
(55 ILCS 5/3-14029) (from Ch. 34, par. 3-14029)
Sec. 3-14029.
County officers to aid commission.
All officers
of said county shall aid said commission in all proper ways in carrying out
the provisions of this Division, and at any place where examinations are to
be held shall allow the reasonable use of public buildings for holding such
examinations. The board of county commissioners shall cause suitable rooms
to be provided for said commission at the expense of said county.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14030
(55 ILCS 5/3-14030) (from Ch. 34, par. 3-14030)
Sec. 3-14030.
Salaries and expenses.
Each of said civil service
commissioners and the personnel director and chief examiner shall receive a
salary to be fixed by the Board of Commissioners, and said commission may
incur necessary expenses for printing, stationery and other incidental matters.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14031
(55 ILCS 5/3-14031) (from Ch. 34, par. 3-14031)
Sec. 3-14031.
Appropriations.
A sufficient sum of money shall be
appropriated each year by said board to carry out the provisions of this
Division in said county. If the board shall have already made
the annual appropriation for county purposes for the current fiscal year,
the board is authorized and required to pay the salaries and expenses of
the civil service commission for such fiscal year out of the moneys
appropriated for contingent purposes of said board.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14032
(55 ILCS 5/3-14032) (from Ch. 34, par. 3-14032)
Sec. 3-14032.
Frauds prohibited.
No person or officer shall wilfully
or corruptly, by himself or cooperation with any one or more other persons,
defeat, deceive or obstruct any person in respect to his or her right of
examination, or corruptly or falsely mark, grade, estimate or report upon
the examination or proper standing of any person examined hereunder, or aid
in so doing, or wilfully or corruptly make any false representation
concerning the same or concerning the person examined, or wilfully or
corruptly furnish to any person any special or secret information for the
purpose of improving or injuring the prospects or chances of any person so
examined, or to be examined, being employed or promoted.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14033
(55 ILCS 5/3-14033) (from Ch. 34, par. 3-14033)
Sec. 3-14033.
Soliciting or receiving political contributions
prohibited. No officer or employee in the classified civil service of
said county, or named in Section 3-14022, shall solicit, orally or by
letter, or receive or pay, or be in any manner concerned in soliciting,
receiving or paying any assessments, subscriptions or contributions for any
party or political purposes whatever.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14034
(55 ILCS 5/3-14034) (from Ch. 34, par. 3-14034)
Sec. 3-14034.
Solicitation of political contributions from officers or
employees prohibited. No person shall solicit orally or by letter, or be
in any manner concerned in soliciting any assessment, contribution or
payment, for any party or for any political purpose whatever, from any
officer or employee in the classified civil service of said county, or
named in Section 3-14022.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14035
(55 ILCS 5/3-14035) (from Ch. 34, par. 3-14035)
Sec. 3-14035.
Soliciting or delivering political contributions in
public offices forbidden. No person shall in any room or
building occupied for the discharge of official duties by any officer or
employee in the classified civil service of said county, or named in
Section 3-14022, solicit, orally or by written communication, deliver
therein or in any other manner, or receive any contribution of money or
other thing of value, for any party or political purpose whatever. No
officer, agent, clerk or employee in the classified civil service of said
county, or named in Section 3-14022, who may have charge or control of any
building, office or room occupied for any purpose of said government, shall
permit any person to enter the same for the purpose of therein soliciting
or delivering written solicitations for, or receiving or giving notice of
any political assessments.
(Source: P.A. 86-962; 86-1475.)
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55 ILCS 5/3-14036
(55 ILCS 5/3-14036) (from Ch. 34, par. 3-14036)
Sec. 3-14036.
Payments of political contributions to public
officers prohibited. No officer or employee in the classified civil
service of said county, or named in Section 3-14022, shall directly or
indirectly, give or hand over to any officer or employee, or to any senator
or representative or alderperson, councilman, or commissioner, any money or
other valuable thing on account of or to be applied to the promotion of any
party or political object whatever.
(Source: P.A. 102-15, eff. 6-17-21.)
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55 ILCS 5/3-14037
(55 ILCS 5/3-14037) (from Ch. 34, par. 3-14037)
Sec. 3-14037.
Abuse of political influence prohibited.
No officer or employee in said classified service, or named
in Section 3-14022, shall discharge or degrade, or promote,
or in any manner change the official rank or compensation of
any other officer or employee, or promise or threaten to do so,
for giving or withholding or neglecting to make any contribution
of money, or other valuable thing, for any party or political
purpose, or for refusal or neglect to render any part or political
service.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14038
(55 ILCS 5/3-14038) (from Ch. 34, par. 3-14038)
Sec. 3-14038.
Payment for appointment or promotion prohibited.
No applicant for appointment in said classified civil service, or to a
position named in Section 3-14022, either directly or indirectly, shall
pay, or promise to pay any money or other valuable thing to any person
whatever for or on account of his appointment, or proposed appointment, and
no officer or employee in said civil service or named in said Section
3-14022 shall pay or promise to pay, either directly or indirectly, any
person any money or other valuable thing whatever for or on account of
his promotion.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14039
(55 ILCS 5/3-14039) (from Ch. 34, par. 3-14039)
Sec. 3-14039.
Recommendations in consideration of political service
prohibited. No applicant for appointment or promotion in classified civil
service shall ask for or receive a recommendation for assistance from any
officer or employee in said service, or of any person upon the
consideration of any political service to be rendered to or for such person
or for the promotion of such person to any office or employment.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14040
(55 ILCS 5/3-14040) (from Ch. 34, par. 3-14040)
Sec. 3-14040.
Disallowance of certain claims.
No accounting
or auditing officer shall allow the claim of any public officer for
services of any deputy or other person employed in the public service in
violation of the provisions of the Division.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14041
(55 ILCS 5/3-14041) (from Ch. 34, par. 3-14041)
Sec. 3-14041.
Certification of appointments and vacancies.
The commission shall certify to the county clerk or other auditing
officers, all appointments to offices and places in the classified civil
service, and all vacancies occurring therein, whether by dismissal,
resignation or death, and all findings made or approved by the commission
under the provisions of Section 3-14023, that a person shall be discharged
from the classified service.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14042
(55 ILCS 5/3-14042) (from Ch. 34, par. 3-14042)
Sec. 3-14042.
Comptroller to pay salaries only after certification.
No county clerk, comptroller or other auditing officer of said county shall
approve the payment of, or be in any manner concerned in paying any salary
or wages to any person for services as an officer or employee of said
county unless such person is occupying an office or place of employment
according to the provisions of law and is entitled to payment therefor.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14043
(55 ILCS 5/3-14043) (from Ch. 34, par. 3-14043)
Sec. 3-14043.
Subpoenas; witness fees.
Any person who shall be served
with a subpoena to appear and testify, or to produce books and papers,
issued by the commission or by any commissioners, or by any board or person
acting under the orders of the commission in the course of an investigation
conducted either under the provisions of Section 3-14023 or Section
3-14026, and who shall refuse or neglect to appear or testify, or to
produce books and papers relevant to the investigation as commanded in such
subpoena, shall be guilty of a misdemeanor, and shall, on conviction, be
punished as provided in Section 3-14044. The fees of witnesses for
attendance and travel shall be the same as the fees of witnesses before the
circuit courts, and shall be paid from the appropriation for the expense of
the commission. And any circuit court, upon application of any such
commissioner or officer or board may, in its discretion, compel the
attendance of witnesses, the production of books and papers, and giving of
testimony before the commission, or before any such commissioner,
investigating board or officer by attachment for contempt or otherwise in
the same manner as the production of evidence may be compelled before such
court. Every person who, having taken an oath or made affirmation before a
commissioner or officer appointed by the commission authorized to
administer oaths, shall swear or affirm wilfully, corruptly and falsely,
shall be guilty of perjury, and upon conviction shall be punished accordingly.
(Source: P.A. 86-962.)
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55 ILCS 5/3-14044
(55 ILCS 5/3-14044) (from Ch. 34, par. 3-14044)
Sec. 3-14044.
Penalties.
Any person who shall wilfully, or
through culpable negligence violate any of the provisions of this
Division or any rule promulgated in accordance with the
provisions thereof shall be guilty of a Class B misdemeanor.
(Source: P.A. 86-962.)
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