Bill Amendment: IL HB3185 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: EDUCATION-TECH
Status: 2018-07-20 - Public Act . . . . . . . . . 100-0615 [HB3185 Detail]
Download: Illinois-2017-HB3185-House_Amendment_001.html
Bill Title: EDUCATION-TECH
Status: 2018-07-20 - Public Act . . . . . . . . . 100-0615 [HB3185 Detail]
Download: Illinois-2017-HB3185-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 3185
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2 | AMENDMENT NO. ______. Amend House Bill 3185 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The State Universities Civil Service Act is | ||||||
5 | amended by changing Sections 36b, 36c, 36d, 36e, 36f, 36g, | ||||||
6 | 36g-1, 36h, 36j, 36o, 36p, and 36s as follows:
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7 | (110 ILCS 70/36b) (from Ch. 24 1/2, par. 38b1)
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8 | Sec. 36b. Creation.
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9 | (1) A classified civil service system to be known
as the | ||||||
10 | State Universities Civil Service System is hereby created, and | ||||||
11 | is
hereinafter referred to as the University System.
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12 | (2) The purpose of the University System is to establish a | ||||||
13 | sound
program of personnel administration for the Illinois | ||||||
14 | Community College
Board, State Community College of East St. | ||||||
15 | Louis (abolished under Section 2-12.1 of the Public Community | ||||||
16 | College Act), Southern Illinois University,
Chicago State |
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1 | University, Eastern Illinois University, Governors State
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2 | University, Illinois State University, Northeastern Illinois | ||||||
3 | University,
Northern Illinois University, Western Illinois | ||||||
4 | University, the University of
Illinois, the State Universities | ||||||
5 | Civil
Service System, the State Universities Retirement | ||||||
6 | System, the State
Scholarship Commission, and the Board of | ||||||
7 | Higher Education. All
certificates, appointments and | ||||||
8 | promotions to positions in these agencies
and institutions | ||||||
9 | shall be made solely on the basis of merit and fitness,
to be | ||||||
10 | ascertained by examination, except as specified in Section 36e.
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11 | (3) The University State Universities Civil Service System | ||||||
12 | hereby created
shall be a separate entity of the State of | ||||||
13 | Illinois and shall be under
the control of a Board to be known | ||||||
14 | as the University Civil Service Merit
Board, and is hereinafter | ||||||
15 | referred to as the Merit Board.
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16 | (Source: P.A. 97-333, eff. 8-12-11.)
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17 | (110 ILCS 70/36c) (from Ch. 24 1/2, par. 38b2)
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18 | Sec. 36c. The merit board. The Merit Board shall be | ||||||
19 | composed of 11 members, 3
of whom shall be members of the Board | ||||||
20 | of Trustees of the University of
Illinois, one of whom shall be | ||||||
21 | a member of the Board of Trustees of Southern
Illinois | ||||||
22 | University, one of whom shall be a member of the Board of | ||||||
23 | Trustees
of Chicago State University, one of whom shall be a | ||||||
24 | member of the Board of
Trustees of Eastern Illinois University, | ||||||
25 | one of whom shall be a member of the
Board of Trustees of |
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| |||||||
1 | Governors State University, one of whom shall be a member
of | ||||||
2 | the Board of Trustees of Illinois State University, one of whom | ||||||
3 | shall be a
member of the Board of Trustees of Northeastern | ||||||
4 | Illinois University, one of
whom shall be a member of the Board | ||||||
5 | of Trustees of Northern Illinois
University, and one of whom | ||||||
6 | shall be a member of the Board of Trustees of
Western Illinois | ||||||
7 | University. The 7 new members required to be elected to
the | ||||||
8 | Merit Board by their respective Boards of Trustees shall | ||||||
9 | replace the 2
persons who, until the effective date of this | ||||||
10 | amendatory Act of 1995, served as
members of the Merit Board | ||||||
11 | elected from the Board of Governors of State
Colleges and | ||||||
12 | Universities and the Board of Regents; and the terms of the
| ||||||
13 | members elected to the Merit Board from the Board of Governors | ||||||
14 | of State
Colleges and Universities and the Board of Regents | ||||||
15 | shall terminate on the
effective date of this amendatory Act of | ||||||
16 | 1995. The members of the Merit Board
shall be elected by the | ||||||
17 | respective Boards in which they hold membership and
they shall | ||||||
18 | serve at the pleasure of the electing Boards.
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19 | All members of the Merit Board shall serve without | ||||||
20 | compensation but
shall be reimbursed for any traveling expenses | ||||||
21 | incurred in attending
meetings of the Merit Board.
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22 | The Merit Board shall determine the number necessary for a | ||||||
23 | quorum, elect
its own chairman and set up an Executive | ||||||
24 | Committee of its own members which
shall have all of the powers | ||||||
25 | of the Merit Board except as limited by the
Merit Board.
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26 | The Merit Board shall cause to be elected a committee of |
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1 | not less than
eleven members to be made up of Civil Service | ||||||
2 | Employees, six of whom shall
be nominated by and from the Civil | ||||||
3 | Service Employees of the University of
Illinois and one of whom | ||||||
4 | shall be nominated by and from the Civil Service
Employees of | ||||||
5 | each of the other institutions specified in Section 36e, who
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6 | will function in an advisory capacity to the Merit Board on all | ||||||
7 | matters
pertaining to the University System. This Advisory | ||||||
8 | Committee shall meet at
least quarterly and members of the | ||||||
9 | Committee shall be reimbursed by their
respective employers for | ||||||
10 | time lost from work and for expenses incurred in
attending | ||||||
11 | meetings of the Committee.
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12 | (Source: P.A. 89-4, eff. 1-1-96.)
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13 | (110 ILCS 70/36d) (from Ch. 24 1/2, par. 38b3)
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14 | Sec. 36d. Powers and duties of the Merit Board. The Merit | ||||||
15 | Board shall have the power and duty : -
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16 | (1) To approve a classification plan prepared under its | ||||||
17 | direction,
assigning to each class positions of | ||||||
18 | substantially similar duties. The
Merit Board shall have | ||||||
19 | power to delegate to its Executive Director the duty of
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20 | assigning each position in the classified service to the | ||||||
21 | appropriate
class in the classification plan approved by | ||||||
22 | the Merit Board.
| ||||||
23 | (2) To prescribe the duties of each class of positions | ||||||
24 | and the
qualifications required by employment in that | ||||||
25 | class.
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1 | (3) To prescribe the range of compensation for each | ||||||
2 | class or to fix
a single rate of compensation for employees | ||||||
3 | in a particular class; and
to establish other conditions of | ||||||
4 | employment which an employer and
employee representatives | ||||||
5 | have agreed upon as fair and equitable. The
Merit Board | ||||||
6 | shall direct the payment of the "prevailing rate of wages"
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7 | in those classifications in which, on January 1, 1952, any | ||||||
8 | employer is
paying such prevailing rate and in such other | ||||||
9 | classes as the Merit Board
may thereafter determine. | ||||||
10 | "Prevailing rate of wages" as used herein
shall be the | ||||||
11 | wages paid generally in the locality in which the work is
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12 | being performed to employees engaged in work of a similar | ||||||
13 | character.
Each employer covered by the University System | ||||||
14 | shall be authorized to
negotiate with representatives of | ||||||
15 | employees to determine appropriate
ranges or rates of | ||||||
16 | compensation or other conditions of employment and
may | ||||||
17 | recommend to the Merit Board for establishment the rates or | ||||||
18 | ranges
or other conditions of employment which the employer | ||||||
19 | and employee
representatives have agreed upon as fair and | ||||||
20 | equitable. Any rates or
ranges established prior to January | ||||||
21 | 1, 1952, and hereafter, shall not be
changed except in | ||||||
22 | accordance with the procedures herein provided.
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23 | (4) To recommend to the institutions and agencies | ||||||
24 | specified in
Section 36e standards for hours of work, | ||||||
25 | holidays, sick leave, overtime
compensation and vacation | ||||||
26 | for the purpose of improving conditions of
employment |
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1 | covered therein and for the purpose of insuring conformity
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2 | with the prevailing rate principal.
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3 | (5) To prescribe standards of examination for each | ||||||
4 | class, the
examinations to be related to the duties of such | ||||||
5 | class. The Merit Board
shall have power to delegate to the | ||||||
6 | Executive Director and his or her staff the
preparation, | ||||||
7 | conduct and grading of examinations. Examinations may be
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8 | written, oral, by statement of training and experience, in | ||||||
9 | the form of
tests of knowledge, skill, capacity, intellect, | ||||||
10 | aptitude; or, by any
other method, which in the judgment of | ||||||
11 | the Merit Board is reasonable and
practical for any | ||||||
12 | particular classification. Different examining
procedures | ||||||
13 | may be determined for the examinations in different
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14 | classifications but all examinations in the same | ||||||
15 | classification shall be
uniform.
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16 | (6) To authorize the continuous recruitment of | ||||||
17 | personnel and to that
end, to delegate to the Executive | ||||||
18 | Director and his or her staff the power and the duty to
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19 | conduct open and continuous competitive examinations for | ||||||
20 | all
classifications of employment.
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21 | (7) To cause to be established , from the results of | ||||||
22 | examinations ,
registers for each class of positions in the | ||||||
23 | classified service of the University
State Universities | ||||||
24 | Civil Service System , of the persons who shall
attain the | ||||||
25 | minimum mark fixed by the Merit Board for the examination;
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26 | and such persons shall take rank upon the registers as |
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1 | candidates in the
order of their relative excellence as | ||||||
2 | determined by examination, without
reference to priority | ||||||
3 | of time of examination.
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4 | (8) To provide by its rules for promotions in the | ||||||
5 | classified
service. Vacancies shall be filled by promotion | ||||||
6 | whenever practicable.
For the purpose of this paragraph, an | ||||||
7 | advancement in class shall
constitute a promotion.
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8 | (8.5) To issue subpoenas to secure the attendance and | ||||||
9 | testimony of witnesses and the production of books and | ||||||
10 | papers in the course of any investigation or hearing | ||||||
11 | conducted pursuant to the Act. | ||||||
12 | (9) (Blank). To set a probationary period of employment | ||||||
13 | of no less than 6 months
and no longer than 12 months for | ||||||
14 | each class of positions in the classification
plan, the | ||||||
15 | length of the probationary period for each class to be | ||||||
16 | determined
by the Director.
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17 | (10) To provide by its rules for employment at regular | ||||||
18 | rates of
compensation of persons with physical | ||||||
19 | disabilities in positions in which the
disability does not | ||||||
20 | prevent the individual from furnishing satisfactory
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21 | service.
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22 | (11) To make and publish rules , to carry out the | ||||||
23 | purpose of the University
State Universities Civil Service | ||||||
24 | System and for examination, appointments,
transfers and | ||||||
25 | removals and for maintaining and keeping records of the
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26 | efficiency of officers and employees and groups of officers |
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1 | and
employees in accordance with the provisions of Sections | ||||||
2 | 36b to 36q,
inclusive, and said Merit Board may from time | ||||||
3 | to time make changes in
such rules.
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4 | (12) To appoint an Executive a Director who shall | ||||||
5 | appoint staff to and such assistants and other clerical
and | ||||||
6 | technical help as may be necessary efficiently to | ||||||
7 | administer
Sections 36b to 36q, inclusive. To authorize the | ||||||
8 | Executive Director to appoint a Designated Employer | ||||||
9 | Representative an
assistant resident at the place of | ||||||
10 | employment of each employer specified
in Section 36e , and | ||||||
11 | this Designated Employer Representative assistant may be | ||||||
12 | authorized to give examinations
and to certify names from | ||||||
13 | the regional registers provided in Section
36k. The | ||||||
14 | enumeration of specific duties and powers that the Merit | ||||||
15 | Board may delegate to the Executive Director in this | ||||||
16 | Section does not preclude the Merit Board from delegating | ||||||
17 | other duties and powers to the Executive Director.
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18 | (13) To submit to the Governor of this state on or | ||||||
19 | before November 1
of each year prior to the regular session | ||||||
20 | of the General Assembly a
report of the University System's | ||||||
21 | business and an estimate of the amount
of appropriation | ||||||
22 | from state funds required for the purpose of
administering | ||||||
23 | the University System.
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24 | (14) To authorize the creation and use of pilot programs to | ||||||
25 | further the goals of the Act, which may be inconsistent with | ||||||
26 | any rules adopted by the Merit Board, provided that such |
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1 | programs are of limited duration and do not reduce any rights | ||||||
2 | or benefits of employees subject to this Act. | ||||||
3 | (Source: P.A. 99-143, eff. 7-27-15.)
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4 | (110 ILCS 70/36e) (from Ch. 24 1/2, par. 38b4)
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5 | Sec. 36e. Coverage. All employees of the Illinois Community | ||||||
6 | College Board,
State Community College of East St. Louis | ||||||
7 | (abolished under Section 2-12.1 of the Public Community College | ||||||
8 | Act), Southern Illinois University,
Chicago State University, | ||||||
9 | Eastern Illinois University, Governors State
University, | ||||||
10 | Illinois State University, Northeastern Illinois University,
| ||||||
11 | Northern Illinois University, Western Illinois University, the
| ||||||
12 | University of Illinois, the University State Universities | ||||||
13 | Civil Service System, the State
Universities Retirement | ||||||
14 | System, the State Scholarship Commission, and
the Board of | ||||||
15 | Higher Education , shall be covered by the University System
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16 | described in Sections 36b to 36q, inclusive, of this Act, | ||||||
17 | except the
following persons:
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18 | (1) The members and officers of the Merit Board and the | ||||||
19 | board of
trustees, and the commissioners of the | ||||||
20 | institutions and agencies covered
hereunder;
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21 | (2) The presidents and vice-presidents of each | ||||||
22 | educational
institution;
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23 | (3) Other principal administrative employees of each | ||||||
24 | institution and
agency as determined by the Merit Board;
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25 | (4) The teaching, research and extension faculties of |
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1 | each
institution and agency;
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2 | (5) Students employed under rules prescribed by the | ||||||
3 | Merit Board,
without examination or certification.
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4 | (Source: P.A. 97-333, eff. 8-12-11.)
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5 | (110 ILCS 70/36f) (from Ch. 24 1/2, par. 38b5)
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6 | Sec. 36f. Examinations. | ||||||
7 | (a) All examinations given under the University System | ||||||
8 | shall be open to
all applicants who are citizens of or | ||||||
9 | residents in the State of Illinois
and who can qualify by | ||||||
10 | training and experience for the position for
which application | ||||||
11 | is made. In examinations for technical positions for
which no | ||||||
12 | qualified residents of this State are available the residence
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13 | requirement may be waived. | ||||||
14 | (b) Examinations may be written; oral; by statement of | ||||||
15 | training and experience; in the form of tests of knowledge, | ||||||
16 | skill, capacity, intellect, or aptitude; or by any other method | ||||||
17 | which, in the judgment of the Merit Board, is reasonable and | ||||||
18 | practical for any particular classification. The examinations | ||||||
19 | shall be practical and shall
relate to the classification for | ||||||
20 | which the examination is given. No
question in any examination | ||||||
21 | shall relate to political or religious
affiliation or racial | ||||||
22 | origins of the examinee.
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23 | (c) Different examining procedures may be determined for | ||||||
24 | the examinations in different classifications, but all | ||||||
25 | examinations in the same classification must be uniform. The |
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1 | examination requirement for the initial appointment, entry | ||||||
2 | level position only, of law enforcement personnel may be waived | ||||||
3 | if an applicant has satisfied all the requirements established | ||||||
4 | by the Illinois Police Training Act for appointment of law | ||||||
5 | enforcement officers and if the Merit Board allows for such a | ||||||
6 | waiver by rule. Additional positions may have the examination | ||||||
7 | requirement waived if the occupational standards are regulated | ||||||
8 | by the Department of Financial and Professional Regulation, as | ||||||
9 | designated by the Merit Board and provided for in adopted | ||||||
10 | rules. | ||||||
11 | (Source: Laws 1951, p. 1289.)
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12 | (110 ILCS 70/36g) (from Ch. 24 1/2, par. 38b6)
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13 | Sec. 36g.
Appropriate For the granting of appropriate | ||||||
14 | preference in entrance
examinations to qualified persons who | ||||||
15 | have been members of the armed forces
of the United States or | ||||||
16 | to qualified persons who, while citizens of the
United States, | ||||||
17 | were members of the armed forces of allies of the United
States | ||||||
18 | in time of hostilities with a foreign country, and to certain | ||||||
19 | other
persons as set forth in this Section.
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20 | (a) As used in this Section:
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21 | (1) "Time of hostilities with a foreign country" means | ||||||
22 | any period of
time in the past, present, or future during | ||||||
23 | which a declaration of war by
the United States Congress | ||||||
24 | has been or is in effect or during which an
emergency | ||||||
25 | condition has been or is in effect that is recognized by |
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1 | the
issuance of a Presidential proclamation or a | ||||||
2 | Presidential executive order
and in which the armed forces | ||||||
3 | expeditionary medal or other campaign service
medals are | ||||||
4 | awarded according to Presidential executive order.
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5 | (2) "Armed forces of the United States" means the | ||||||
6 | United States Army,
Navy, Air Force, Marine Corps, Coast | ||||||
7 | Guard. Service in the Merchant Marine
that constitutes | ||||||
8 | active duty under Section 401 of federal Public Law 95-202
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9 | shall also be considered service in the Armed Forces of the | ||||||
10 | United States
for purposes of this Section.
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11 | (b) The preference granted under this Section shall be in | ||||||
12 | the form of
points added to the final grades of the persons if | ||||||
13 | they otherwise qualify
and are entitled to appear on the list | ||||||
14 | of those eligible for appointments.
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15 | (c) A veteran is qualified for a preference of 10 points if | ||||||
16 | the veteran
currently holds proof of a service connected | ||||||
17 | disability from the United
States Department of Veterans | ||||||
18 | Affairs or an allied country or if the
veteran is a recipient | ||||||
19 | of the Purple Heart.
| ||||||
20 | (d) A veteran who has served during a time of hostilities | ||||||
21 | with a
foreign country is qualified for a preference of 5 | ||||||
22 | points if the
veteran served under one or more of the following | ||||||
23 | conditions:
| ||||||
24 | (1) The veteran served a total of at least 6 months, or
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25 | (2) The veteran served for the duration of hostilities | ||||||
26 | regardless of the
length of engagement, or
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1 | (3) The veteran was discharged on the basis of | ||||||
2 | hardship, or
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3 | (4) The veteran was released from active duty because | ||||||
4 | of a service
connected disability and was discharged under | ||||||
5 | honorable conditions.
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6 | (e) A person not eligible for a preference under subsection | ||||||
7 | (c) or (d) is
qualified for a preference of 3 points if the | ||||||
8 | person has served
in the
armed forces of the United States, the | ||||||
9 | Illinois National Guard,
or any reserve component of the armed | ||||||
10 | forces of the United States and the
person: (1) served for at | ||||||
11 | least 6 months and has been discharged under
honorable | ||||||
12 | conditions or (2) has been discharged on the ground of hardship
| ||||||
13 | or (3) was released from active duty because of a service | ||||||
14 | connected
disability. An active member of the National Guard or | ||||||
15 | a reserve component
of the armed forces of the United States is | ||||||
16 | eligible for the preference if
the member meets the service | ||||||
17 | requirements of this subsection (e).
| ||||||
18 | (f) The rank order of persons entitled to a preference on | ||||||
19 | eligible
lists shall be determined on the basis of their | ||||||
20 | augmented ratings. When the Executive
Director establishes | ||||||
21 | eligible lists on the basis of category ratings such
as | ||||||
22 | "superior", "excellent", "well-qualified", and "qualified", | ||||||
23 | the veteran
eligibles in each such category shall be preferred | ||||||
24 | for appointment before
the non-veteran eligibles in the same | ||||||
25 | category.
| ||||||
26 | (g) (Blank). Employees in positions covered by this Act |
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| |||||||
1 | who, while in good
standing, leave to engage in military | ||||||
2 | service during a period of
hostility, shall be given credit for | ||||||
3 | seniority purposes for time served
in the armed forces.
| ||||||
4 | (h) A surviving unremarried spouse of a veteran who | ||||||
5 | suffered a
service connected death or the spouse of a veteran | ||||||
6 | who suffered a service
connected disability that prevents the | ||||||
7 | veteran from qualifying for civil
service employment shall be | ||||||
8 | entitled to the same preference to which the
veteran would have | ||||||
9 | been entitled under this Section.
| ||||||
10 | (i) A preference shall also be given to the following | ||||||
11 | individuals:
10 points for one parent of an unmarried veteran | ||||||
12 | who suffered a service
connected death or a service connected | ||||||
13 | disability that prevents the veteran
from qualifying for civil | ||||||
14 | service employment. The first parent to receive a
civil service | ||||||
15 | appointment shall be the parent entitled to the preference.
| ||||||
16 | (Source: P.A. 87-796.)
| ||||||
17 | (110 ILCS 70/36g-1) (from Ch. 24 1/2, par. 38b6.1)
| ||||||
18 | Sec. 36g-1. Active military service. Any employee of any | ||||||
19 | institution or agency subject to this Act State Community
| ||||||
20 | College of East St. Louis (abolished under Section 2-12.1 of | ||||||
21 | the Public Community College Act), Southern Illinois | ||||||
22 | University, the University of
Illinois, any university under | ||||||
23 | the jurisdiction of the Board of Regents, or
any college or | ||||||
24 | university under the jurisdiction of the Board of Governors
of | ||||||
25 | State Colleges and Universities who is a member of any reserve |
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| |||||||
1 | component
of the United States Armed Services, including the | ||||||
2 | Illinois National Guard,
and who is mobilized to active | ||||||
3 | military duty on or after August 1, 1990 as
a result of an | ||||||
4 | order of the President of the United States , shall , for each
| ||||||
5 | pay period beginning on or after the date of that mobilization, | ||||||
6 | August 1, 1990 continue to receive the
same regular | ||||||
7 | compensation that he or she receives or was receiving as an | ||||||
8 | employee
of that educational institution or agency at the time | ||||||
9 | he or she is or was so mobilized to
active military duty, plus | ||||||
10 | any health insurance and other benefits he or she is
or was | ||||||
11 | receiving or accruing at that time, minus the amount of his or | ||||||
12 | her base pay
for military service, and shall be given credit | ||||||
13 | for seniority purposes for the duration of his or her active | ||||||
14 | military service.
| ||||||
15 | In the event any provision of a collective bargaining | ||||||
16 | agreement or any
policy of the educational institution covering | ||||||
17 | any employee so ordered to
active duty is more generous than | ||||||
18 | the provisions contained in this Section,
that collective | ||||||
19 | bargaining agreement or policy shall be controlling.
| ||||||
20 | (Source: P.A. 97-333, eff. 8-12-11.)
| ||||||
21 | (110 ILCS 70/36h) (from Ch. 24 1/2, par. 38b7)
| ||||||
22 | Sec. 36h. Appointment. | ||||||
23 | (1) Whenever an employer covered by the University
System | ||||||
24 | has a position which needs to be filled, this employer shall | ||||||
25 | inform
the Executive Director of the Merit Board. The Executive |
| |||||||
| |||||||
1 | Director shall then certify to the
employer the names and | ||||||
2 | addresses of the persons with the 3 highest scores on
the | ||||||
3 | register for the classification to which the position is | ||||||
4 | assigned. The
employer shall select one of these persons | ||||||
5 | certified for the position and
shall notify the Executive | ||||||
6 | Director of the Merit Board of the selection. If less than
3 | ||||||
7 | scores appear on the appropriate register, the Executive | ||||||
8 | Director shall certify
the names and addresses of all persons | ||||||
9 | on the register.
| ||||||
10 | (2) All appointments shall be for a probationary period of | ||||||
11 | no less than 6
months and no longer than 12 months for each | ||||||
12 | class of positions in the
classification plan, the length of | ||||||
13 | the probationary period for each class
having been determined | ||||||
14 | by the Executive Director, except that persons first appointed
| ||||||
15 | to any police department of any university or college subject | ||||||
16 | to this Act covered by the University
System after the | ||||||
17 | effective date of this amendatory Act of 1979 shall be on
| ||||||
18 | probation for one year. The service during the probationary | ||||||
19 | period shall be
deemed to be a part of the examination. During | ||||||
20 | the probationary period, the
employee may be dismissed if the | ||||||
21 | employer determines that the employee has
failed to demonstrate | ||||||
22 | the ability and the qualifications necessary to
furnish | ||||||
23 | satisfactory service. The employer shall notify the Executive | ||||||
24 | Director in
writing of such dismissal. If an employee is not so | ||||||
25 | dismissed during his or her
probationary period, his or her | ||||||
26 | appointment shall be deemed complete at the end of the period.
|
| |||||||
| |||||||
1 | (3) No person shall be appointed to any police
department | ||||||
2 | of any university or college covered by the University
System | ||||||
3 | unless he or she possesses a high school diploma or an | ||||||
4 | equivalent
high school education and unless he or she is a | ||||||
5 | person of good character and
is not a person who has been | ||||||
6 | convicted of a felony or a crime involving
moral turpitude.
| ||||||
7 | (Source: P.A. 99-72, eff. 1-1-16 .)
| ||||||
8 | (110 ILCS 70/36j) (from Ch. 24 1/2, par. 38b9)
| ||||||
9 | Sec. 36j. Promotions. | ||||||
10 | (a) The Merit Board shall by rules provide for promotions | ||||||
11 | on the basis of
ability and experience and seniority in service | ||||||
12 | and examination and to
provide in all cases where it is | ||||||
13 | practicable that vacancies will be filled
by promotion. For the | ||||||
14 | purpose of this Section, an advancement in class shall | ||||||
15 | constitute a promotion. | ||||||
16 | (b) The Merit Board shall by rule fix lines of promotion | ||||||
17 | from
such several offices and places to superior offices or | ||||||
18 | places in all cases
where, in the judgment of the Merit Board, | ||||||
19 | the duties of such several
positions directly tend to fit the | ||||||
20 | incumbent for a superior position.
| ||||||
21 | (c) Employees promoted in the promotional line shall have | ||||||
22 | their seniority
for the highest position held on the basis of | ||||||
23 | length of service in that
classification. For the next lower | ||||||
24 | classification the employee may add his
seniority in the higher | ||||||
25 | classification to that in the lower to determine
seniority in |
| |||||||
| |||||||
1 | the lower classification. Whenever a superior position in the | ||||||
2 | promotional line in the classified
civil service under the | ||||||
3 | University System is to be filled, the Executive Director
shall | ||||||
4 | certify to the employer, in the order of their seniority, the | ||||||
5 | names
and addresses of the persons with the 3 highest scores on | ||||||
6 | the promotional
register for the class or grade to which said | ||||||
7 | position belongs. The
employer shall appoint one of those | ||||||
8 | persons whose names were certified
by the Executive Director. | ||||||
9 | (d) Appointments to superior positions in the
promotional | ||||||
10 | line shall be on probation for a period of no less than 6
| ||||||
11 | months and no longer than 12 months for each class of positions
| ||||||
12 | in the classification plan, the length of the probationary | ||||||
13 | period having
been determined by the Executive Director. | ||||||
14 | Persons
so appointed may be demoted at any time during the | ||||||
15 | period of probation if,
in the opinion of the employer, they | ||||||
16 | have failed to demonstrate the ability
and the qualifications | ||||||
17 | necessary to furnish satisfactory service, but shall
not be | ||||||
18 | discharged from the superior position if they have previously
| ||||||
19 | completed a probationary period in an inferior position in the | ||||||
20 | promotional
line.
| ||||||
21 | (e) Employees promoted in the promotional line shall have | ||||||
22 | their seniority for the highest position held on the basis of | ||||||
23 | length of service in that classification. For the next lower | ||||||
24 | classification, the employee may add his or her seniority in | ||||||
25 | the higher classification to that in the lower to determine | ||||||
26 | seniority in the lower classification. |
| |||||||
| |||||||
1 | (f) Whenever a person is promoted to a superior position in | ||||||
2 | the promotional
line prior to the completion of the | ||||||
3 | probationary period in
any one of the positions in the | ||||||
4 | classified civil service under the
University System, total | ||||||
5 | service in the inferior position and in all such
superior | ||||||
6 | positions shall be combined to establish certified status and
| ||||||
7 | seniority in the inferior position.
| ||||||
8 | (Source: P.A. 99-72, eff. 1-1-16 .)
| ||||||
9 | (110 ILCS 70/36o) (from Ch. 24 1/2, par. 38b14)
| ||||||
10 | Sec. 36o. Demotion, removal, and discharge. | ||||||
11 | (a) After the completion of his or her probationary period, | ||||||
12 | no employee shall be
demoted, removed or discharged except for | ||||||
13 | just cause, upon written charges,
and after an opportunity to | ||||||
14 | be heard in his or her own defense if he or she makes a
written | ||||||
15 | request for a hearing to the Merit Board within 15 days after | ||||||
16 | the
serving of the written charges upon him or her. | ||||||
17 | (b) Upon the filing of such a request
for a hearing, the | ||||||
18 | Merit Board shall grant such hearing by a hearing board or | ||||||
19 | hearing officer appointed by the Merit Board to commence be | ||||||
20 | held within
45 days from the date of the service of the | ||||||
21 | demotion, removal , or discharge
notice , which may be continued | ||||||
22 | from time to time by a hearing board or hearing officer | ||||||
23 | appointed by the Merit Board. The members of the
hearing board | ||||||
24 | or the hearing officer shall be selected from among the members | ||||||
25 | of a panel
established by the Merit Board after consultation |
| |||||||
| |||||||
1 | with the Advisory
Committee provided in Section 36c . The | ||||||
2 | hearing board or hearing officer shall make and
render findings | ||||||
3 | of facts on the charges and transmit to the Merit Board a
| ||||||
4 | transcript of the evidence along with the hearing board's or | ||||||
5 | hearing officer's findings of fact. The findings of
the hearing | ||||||
6 | board or hearing officer when approved by the Merit Board shall | ||||||
7 | be certified to
the parties employer . | ||||||
8 | (c) If cause for demotion, removal , or discharge is found, | ||||||
9 | the
employee shall be immediately demoted, removed, or | ||||||
10 | discharged separated from the service. If cause is not
found, | ||||||
11 | the employee shall forthwith be reassigned to perform the | ||||||
12 | duties of
a position in his or her classification without loss | ||||||
13 | of compensation. | ||||||
14 | (d) In the
course of the hearing, the Executive Director of | ||||||
15 | the Merit Board shall have power to
administer oaths and to | ||||||
16 | secure by subpoena the attendance and testimony of
witnesses | ||||||
17 | and the production of books and papers relevant to the inquiry.
| ||||||
18 | (e) The provisions of the Administrative Review Law and all | ||||||
19 | amendments and
modification thereof, and the rules adopted
| ||||||
20 | pursuant thereto, shall apply to and govern all proceedings for | ||||||
21 | the
judicial review of final administrative decisions of the | ||||||
22 | Merit Board hereby
created. The term "administrative decision" | ||||||
23 | is defined as in Section 3-101
of the Code of Civil Procedure.
| ||||||
24 | (Source: P.A. 95-113, eff. 8-13-07.)
| ||||||
25 | (110 ILCS 70/36p) (from Ch. 24 1/2, par. 38b15)
|
| |||||||
| |||||||
1 | Sec. 36p. Nondiscrimination. In the administration of the | ||||||
2 | University System, no applicant shall be
denied employment by | ||||||
3 | the Merit Board or by any employer subject to this Act because | ||||||
4 | of race,
color, sex, national origin, religious or political | ||||||
5 | affiliations, ancestry, age, marital status, order of | ||||||
6 | protection status, disability, military status, sexual | ||||||
7 | orientation, pregnancy, or unfavorable military discharge, as | ||||||
8 | defined in the Illinois Human Rights Act, except
that any | ||||||
9 | applicant for employment may be required as a condition of
| ||||||
10 | employment, to sign a valid oath attesting his loyalty to the | ||||||
11 | state and the
United States.
| ||||||
12 | (Source: P.A. 78-842.)
| ||||||
13 | (110 ILCS 70/36s) (from Ch. 24 1/2, par. 38b18)
| ||||||
14 | Sec. 36s. Supported employees.
| ||||||
15 | (a) The Merit Board shall develop and implement a supported | ||||||
16 | employment
program. It shall be the goal of the program to | ||||||
17 | appoint a minimum of 10
supported employees to State University | ||||||
18 | civil service positions before
June 30, 1992.
| ||||||
19 | (b) The Merit Board shall designate a liaison to work with | ||||||
20 | State
agencies and departments, any funder or provider or both, | ||||||
21 | and State
universities in the implementation of a supported | ||||||
22 | employment program.
| ||||||
23 | (c) As used in this Section:
| ||||||
24 | (1) "Supported employee" means any individual who:
| ||||||
25 | (A) has a severe physical or mental disability |
| |||||||
| |||||||
1 | which seriously limits
functional capacities, | ||||||
2 | including but not limited to, mobility, communication,
| ||||||
3 | self-care, self-direction, work tolerance or work | ||||||
4 | skills, in terms of
employability as defined, | ||||||
5 | determined and certified by the Department of
Human | ||||||
6 | Services; and
| ||||||
7 | (B) has one or more physical or mental disabilities | ||||||
8 | resulting from
amputation; arthritis; blindness; | ||||||
9 | cancer; cerebral palsy; cystic fibrosis;
deafness; | ||||||
10 | heart disease; hemiplegia; respiratory or pulmonary | ||||||
11 | dysfunction; an intellectual disability; mental | ||||||
12 | illness; multiple sclerosis; muscular dystrophy;
| ||||||
13 | musculoskeletal disorders; neurological disorders, | ||||||
14 | including stroke and
epilepsy; paraplegia; | ||||||
15 | quadriplegia and other spinal cord conditions; sickle
| ||||||
16 | cell anemia; and end-stage renal disease; or another | ||||||
17 | disability or
combination of disabilities determined | ||||||
18 | on the basis of an evaluation of
rehabilitation | ||||||
19 | potential to cause comparable substantial functional | ||||||
20 | limitation.
| ||||||
21 | (2) "Supported employment" means competitive work in
| ||||||
22 | integrated work settings:
| ||||||
23 | (A) for individuals with severe disabilities for | ||||||
24 | whom competitive
employment has not traditionally | ||||||
25 | occurred, or
| ||||||
26 | (B) for individuals for whom competitive |
| |||||||
| |||||||
1 | employment has been
interrupted or intermittent as a | ||||||
2 | result of a severe disability, and who
because of their | ||||||
3 | disability, need on-going support services to perform | ||||||
4 | such
work. The term includes transitional employment | ||||||
5 | for individuals with
chronic mental illness.
| ||||||
6 | (3) "Participation in a supported employee program" | ||||||
7 | means participation
as a supported employee that is not | ||||||
8 | based on the expectation that an
individual will have the | ||||||
9 | skills to perform all the duties in a job class,
but on the | ||||||
10 | assumption that with support and adaptation, or both, a job | ||||||
11 | can
be designed to take advantage of the supported | ||||||
12 | employee's
special strengths.
| ||||||
13 | (4) "Funder" means any entity either State, local or | ||||||
14 | federal, or
private not-for-profit or for-profit that | ||||||
15 | provides monies to programs that
provide services related | ||||||
16 | to supported employment.
| ||||||
17 | (5) "Provider" means any entity either public or | ||||||
18 | private that provides
technical support and services to any | ||||||
19 | department or agency subject to the
control of the | ||||||
20 | Governor, the Secretary of State or the University Civil
| ||||||
21 | Service System.
| ||||||
22 | (d) The Merit Board shall establish job classifications for | ||||||
23 | supported
employees who may be appointed into the | ||||||
24 | classifications without open
competitive testing requirements. | ||||||
25 | Supported employees shall serve in a
trial employment capacity | ||||||
26 | for not less than 3 or more than 12 months.
|
| |||||||
| |||||||
1 | (e) The Merit Board shall maintain a record of all | ||||||
2 | individuals hired as
supported employees. The record shall | ||||||
3 | include:
| ||||||
4 | (1) the number of supported employees initially | ||||||
5 | appointed;
| ||||||
6 | (2) the number of supported employees who successfully | ||||||
7 | complete the
trial employment periods; and
| ||||||
8 | (3) the number of permanent targeted positions by | ||||||
9 | titles.
| ||||||
10 | (f) The Merit Board shall submit an annual report to the | ||||||
11 | General
Assembly regarding the employment progress of | ||||||
12 | supported employees, with
recommendations for legislative | ||||||
13 | action.
| ||||||
14 | (Source: P.A. 99-143, eff. 7-27-15.)".
|