State of Illinois
92nd General Assembly
Legislation

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92_HB4242

 
                                               LRB9212594EGfg

 1        AN ACT in relation to the Metropolitan Water  Reclamation
 2    District.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Metropolitan Water  Reclamation  District
 6    Act is amended by changing Section 4 as follows:

 7        (70 ILCS 2605/4) (from Ch. 42, par. 323)
 8        Sec. 4.  Board; officers; powers.
 9        (a)  The  commissioners elected under this Act constitute
10    a board of commissioners for the district by which  they  are
11    elected,  which  board  of  commissioners  is  the  corporate
12    authority  of  the sanitary district, and, in addition to all
13    other powers specified  in  this  Act,  shall  establish  the
14    policies  and  goals  of  the sanitary district.  The general
15    superintendent, in addition to all other powers specified  in
16    this  Act,  shall  manage  and  control  all  the affairs and
17    property of the sanitary district and shall regularly  report
18    to  the  Board  of  Commissioners  on  the  activities of the
19    sanitary  district  in  executing  the  policies  and   goals
20    established by the board.  At the regularly scheduled meeting
21    of   odd  numbered  years  following  the  induction  of  new
22    commissioners the board of commissioners shall elect from its
23    own number a president and a vice-president to serve  in  the
24    absence  of  the president, and the chairman of the committee
25    on finance.  The board shall provide by rule when  a  vacancy
26    occurs in the office of the president, vice-president, or the
27    chairman  of  the  committee  on  finance  and  the manner of
28    filling such vacancy.
29        (b)  The board shall appoint from outside its own  number
30    the general superintendent and treasurer for the district.
31        The  general  superintendent  must  be  a resident of the
 
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 1    sanitary district and a citizen of  the  United  States.   He
 2    must be selected solely upon his administrative and technical
 3    qualifications   and   without   regard   to   his  political
 4    affiliations.
 5        In the event of illness or other prolonged absence, death
 6    or resignation creating  a  vacancy  in  the  office  of  the
 7    general   superintendent,   or   treasurer,   the   board  of
 8    commissioners may appoint an acting officer from outside  its
 9    own number, to perform the duties and responsibilities of the
10    office during the term of the absence or vacancy.
11        (c)  The  general  superintendent,  with  the  advice and
12    consent of the board  of  commissioners,  shall  appoint  the
13    chief engineer, chief of maintenance and operations, director
14    of  personnel, purchasing agent, clerk, attorney, director of
15    research  and  development,  and  director   of   information
16    technology.   These constitute the heads of the Department of
17    Engineering,   Maintenance   and    Operations,    Personnel,
18    Purchasing,  Finance,  Law,  Research  and  Development,  and
19    Information  Technology,  respectively.  No other departments
20    or heads of departments may  be  created  without  subsequent
21    amendment  to  this Act.  All such department heads are under
22    the direct supervision of the general superintendent.
23        The director of personnel must be qualified under Section
24    4.2a of this Act.
25        The purchasing agent must be selected in accordance  with
26    Section 11.16 of this Act.
27        In the event of illness or other prolonged absence, death
28    or  resignation  creating  a  vacancy  in the office of chief
29    engineer, chief of maintenance and  operations,  director  of
30    personnel,  purchasing  agent,  clerk,  attorney, director of
31    research  and  development,  or   director   of   information
32    technology,  the  general  superintendent  shall  appoint  an
33    acting  officer to perform the duties and responsibilities of
34    the office during the term of the absence  or  vacancy.   Any
 
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 1    such  officers  appointed in an acting capacity are under the
 2    direct supervision of the general superintendent.
 3        All appointive officers and acting  officers  shall  give
 4    bond as may be required by the board.
 5        (d)  The   general   superintendent,   treasurer,  acting
 6    general  superintendent  and  acting  treasurer  hold   their
 7    offices at the pleasure of the board of commissioners.
 8        The  acting  chief  engineer, acting chief of maintenance
 9    and operations, acting purchasing agent, acting  director  of
10    personnel,  acting clerk, acting attorney, acting director of
11    research and development, and acting director of  information
12    technology  hold their offices at the pleasure of the general
13    superintendent.
14        The chief engineer, chief of maintenance and  operations,
15    director  of  personnel,  purchasing  agent, clerk, attorney,
16    director  of  research  and  development,  and  director   of
17    information  technology  may be removed from office for cause
18    by  the  general  superintendent.   Prior  to  removal,  such
19    officers are entitled to a public hearing before the  general
20    superintendent  at  which  hearing they may be represented by
21    counsel.  Before  the  hearing,  the  general  superintendent
22    shall  notify  the  board of commissioners of the date, time,
23    place and nature of the hearing.
24        (e)  In addition to the attorney appointed by the general
25    superintendent, the board of commissioners may  appoint  from
26    outside  its  own  number  an attorney, or retain counsel, to
27    advise the board of commissioners with respect to its  powers
28    and duties and with respect to legal questions and matters of
29    policy for which the board of commissioners is responsible.
30        (f)  The    general    superintendent    is   the   chief
31    administrative officer of the district, has supervision  over
32    and  is  responsible  for  all administrative and operational
33    matters of the sanitary district including the duties of  all
34    employees  which  are not otherwise designated by law, and is
 
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 1    the appointing authority as specified in Section 4.11 of this
 2    Act.
 3        (g)  The board, through the budget process, shall fix the
 4    compensation  of  all  the  officers  and  employees  of  the
 5    sanitary district.  Any incumbent of the office of  president
 6    may  appoint an administrative aide which appointment remains
 7    in  force  during  his  incumbency  unless  revoked  by   the
 8    president.
 9        (h)  The board, through the budget process, shall fix the
10    compensation  of  all  the  officers  and  employees  of  the
11    sanitary district.
12        (i)  The  annual  salaries  of  the officers of the board
13    shall be as follows:
14        The annual salary  of  the  president  of  the  board  of
15    commissioners shall be $60,000 until the election in January,
16    2003;  beginning with the election in January, 2003, it shall
17    be  $60,000  plus  the  annual  cost  of  living   adjustment
18    specified in this subsection.
19        The  annual  salary of the vice-president of the board of
20    commissioners shall be $55,000 until the election in January,
21    2003; beginning with the election in January, 2003, it  shall
22    be   $55,000  plus  the  annual  cost  of  living  adjustment
23    specified in this subsection.
24        The annual salary of the chairman  of  the  committee  on
25    finance shall be $55,000 until the election in January, 2003;
26    beginning  with  the  election  in January, 2003, it shall be
27    $55,000 plus the annual cost of living  adjustment  specified
28    in this subsection.
29    Effective upon the election in January, 1985 of the president
30    and  vice-president  of  the  board  of commissioners and the
31    chairman of the committee on finance, the  annual  salary  of
32    the  president  shall  be  $37,500  and shall be increased to
33    $39,500 in January, 1987, $41,500 in January,  1989,  $50,000
34    in  January,  1991,  and $60,000 in January, 2001; the annual
 
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 1    salary of the vice-president shall be $35,000  and  shall  be
 2    increased  to  $37,000  in January, 1987, $39,000 in January,
 3    1989, $45,000 in January, 1991, and $55,000 in January, 2001;
 4    the annual salary of the chairman of the committee on finance
 5    shall be  $32,500  and  shall  be  increased  to  $34,500  in
 6    January,  1987, $36,500 in January, 1989, $45,000 in January,
 7    1991, and $55,000 in January, 2001.
 8        The annual salaries of the other  members  of  the  Board
 9    shall be as follows:
10        For  the three members elected in November, 1980, $26,500
11    per annum for the first two years of the  term;  $28,000  per
12    annum  for  the  next  two  years of the term and $30,000 per
13    annum for the last two years.
14        For the three members elected in November, 1982,  $28,000
15    per annum for the first two years of the term and $30,000 per
16    annum thereafter.
17        For members elected in November, 1984, $30,000 per annum.
18        For  the three members elected in November, 1986, $32,000
19    for each of the first two years of the term, $34,000 for each
20    of the next two years and $36,000 for the last two years;
21        For three members elected in November, 1988, $34,000  for
22    each  of the first two years of the term and $36,000 for each
23    year thereafter.
24        For members elected in November, 1990, 1992, 1994,  1996,
25    or 1998, $40,000.
26        For  members  elected  in  November, 2000 and thereafter,
27    $50,000.
28        For members elected in  November,  2002  and  thereafter,
29    $50,000  plus  the annual cost of living adjustment specified
30    in this subsection.
31        The  annual  cost  of  living  adjustment  shall   be   a
32    percentage   increase  in  salary  equal  to  the  percentage
33    increase, if any, in the cost of living index  known  as  the
34    "Employment Cost Index, Wages and Salaries, by Occupation and
 
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 1    Industry  Group:  State and Local Government Workers:  Public
 2    Administration", as published by the United States Department
 3    of Labor, Bureau of  Labor  Statistics,  for  the  12  months
 4    ending  with the month of June preceding the January in which
 5    the adjustment is to take effect.  The annual cost of  living
 6    adjustment  shall  take  effect  January  1,  except that the
 7    actual salary paid to any person holding office as an officer
 8    or other member of the board on the effective  date  of  this
 9    amendatory Act of the 92nd General Assembly shall not include
10    the  annual cost of living adjustment until the expiration of
11    that term as an officer or other member of the board.
12        (j)  The board of commissioners has full  power  to  pass
13    all  necessary  ordinances,  orders,  rules,  resolutions and
14    regulations for the proper  management  and  conduct  of  the
15    business  of  the  board of commissioners and the corporation
16    and for  carrying  into  effect  the  object  for  which  the
17    sanitary  district is formed.  All ordinances, orders, rules,
18    resolutions  and  regulations  passed   by   the   board   of
19    commissioners  must,  before they take effect, be approved by
20    the president of the board of commissioners. If  he  approves
21    thereof,  he shall sign them, and such as he does not approve
22    he shall return  to  the  board  of  commissioners  with  his
23    objections  in  writing  at  the  next regular meeting of the
24    board of commissioners occurring after the  passage  thereof.
25    Such   veto   may   extend  to  any  one  or  more  items  or
26    appropriations  contained  in   any   ordinance   making   an
27    appropriation,  or  to  the  entire  ordinance.   If the veto
28    extends to a  part  of  such  ordinance,  the  residue  takes
29    effect.   If  the  president  of  such board of commissioners
30    fails to return any ordinance,  order,  rule,  resolution  or
31    regulation  with his objections thereto in the time required,
32    he is deemed  to  have  approved  it,  and  it  takes  effect
33    accordingly.   Upon the return of any ordinance, order, rule,
34    resolution, or regulation by the president, the vote by which
 
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 1    it  was  passed  must  be  reconsidered  by  the   board   of
 2    commissioners, and if upon such reconsideration two-thirds of
 3    all  the  members agree by yeas and nays to pass it, it takes
 4    effect notwithstanding the  president's  refusal  to  approve
 5    thereof.
 6        (k)  It  is  the  policy  of  this  State that all powers
 7    granted, either expressly or  by  necessary  implication,  by
 8    this Act or any other Illinois statute to the District may be
 9    exercised   by   the   District  notwithstanding  effects  on
10    competition.  It is the intention  of  the  General  Assembly
11    that  the  "State  action  exemption"  to  the application of
12    federal antitrust statutes be fully available to the District
13    to the extent its activities are authorized by law as  stated
14    herein.
15    (Source: P.A. 91-722, eff. 6-2-00.)

16        Section  99.  Effective date.  This Act takes effect upon
17    becoming law.

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