Bill Amendment: IL SB0373 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: FIRE PROTECTION-WATER SYSTEM
Status: 2015-11-20 - Public Act . . . . . . . . . 99-0487 [SB0373 Detail]
Download: Illinois-2015-SB0373-House_Amendment_001.html
Bill Title: FIRE PROTECTION-WATER SYSTEM
Status: 2015-11-20 - Public Act . . . . . . . . . 99-0487 [SB0373 Detail]
Download: Illinois-2015-SB0373-House_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 373
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2 | AMENDMENT NO. ______. Amend Senate Bill 373 on page 1, by | ||||||
3 | replacing lines 4 and 5 with the following:
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4 | "Section 5. The Township Code is amended by changing | ||||||
5 | Section 205-140 and by adding Section 200-14c as follows:"; and
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6 | on page 2, immediately below line 1, by inserting the | ||||||
7 | following:
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8 | "(60 ILCS 1/205-140)
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9 | Sec. 205-140. Initiating proceedings for particular | ||||||
10 | locality; rates
and charges; lien. | ||||||
11 | (a) A township board may initiate proceedings under | ||||||
12 | Sections 205-130 through
205-150 in the manner provided by | ||||||
13 | Section 205-20.
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14 | (b) The township board may establish the rate or charge to | ||||||
15 | each
user of the waterworks system or sewerage system, or |
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1 | combined waterworks
and sewerage system, or improvement or | ||||||
2 | extension at a rate that will be
sufficient to pay the | ||||||
3 | principal and interest of any bonds issued to pay
the cost of | ||||||
4 | the system, improvement, or extension and the maintenance and
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5 | operation of the system, improvement, or extension and may | ||||||
6 | provide an adequate
depreciation fund for the bonds. Charges or | ||||||
7 | rates shall be established,
revised, and maintained by | ||||||
8 | ordinance and become payable as the township board
determines | ||||||
9 | by ordinance.
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10 | (c) The charges or rates are liens upon the real estate | ||||||
11 | upon or for which
sewerage service is supplied whenever the | ||||||
12 | charges or rates become delinquent as
provided by the ordinance | ||||||
13 | of the board fixing a delinquency date.
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14 | (d) Notwithstanding any provision of law to the contrary, | ||||||
15 | the township shall conduct a cost study regarding the | ||||||
16 | connection charge of the township: | ||||||
17 | (1) before the township increases or creates a | ||||||
18 | connection charge; | ||||||
19 | (2) upon the request of the supervisor or a majority of | ||||||
20 | the township board of the township; | ||||||
21 | (3) upon the request of a majority of the mayors or | ||||||
22 | village presidents of the municipalities located within or | ||||||
23 | substantially within the township or township's facility | ||||||
24 | planning area; or | ||||||
25 | (4) upon the filing with the township board of a | ||||||
26 | petition signed by 10% or more of the customers who have |
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1 | paid connection charges to the township in the previous 5 | ||||||
2 | calendar years. | ||||||
3 | The cost study shall be conducted by an independent entity | ||||||
4 | within 6 months of an action taken under paragraphs (1), (2), | ||||||
5 | (3), or (4) of this subsection (d). After performing a cost | ||||||
6 | study under this subsection (d), an independent entity may not | ||||||
7 | contract with any State agency, unit of local government, or | ||||||
8 | non-governmental entity for goods or services within the | ||||||
9 | township or township service area in the 24 months after | ||||||
10 | completion of the cost study other than to perform further cost | ||||||
11 | studies under this subsection (d). A township shall not conduct | ||||||
12 | more than one cost study under this subsection (d) in a 60 | ||||||
13 | month period. The cost study must include, at a minimum, an | ||||||
14 | examination of similar water main and sewer connection charges | ||||||
15 | in neighboring units of local government or units of local | ||||||
16 | government similar in size or population. Following the | ||||||
17 | completion of the cost study, no increase or new connection | ||||||
18 | charge may be imposed unless the increase or new charge is | ||||||
19 | justified by the cost study. If the connection charge the | ||||||
20 | township charged prior to completion of the cost study is | ||||||
21 | higher than is justified by the cost study, the township shall | ||||||
22 | reduce its connection charge to the amount justified by the | ||||||
23 | cost study. | ||||||
24 | (e) If a cost study has been conducted pursuant to | ||||||
25 | subsection (d) of this Section and a new cost study is | ||||||
26 | requested under paragraph (3) or (4) of subsection (d), the |
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1 | township shall obtain a written quote from an independent | ||||||
2 | entity detailing the cost of the requested cost study and the | ||||||
3 | following shall occur prior to a new cost study beginning: | ||||||
4 | (1) each township, village, and municipality whose | ||||||
5 | mayor or president requested the cost study under paragraph | ||||||
6 | (3) of subsection (d) shall pay a proportionate share of | ||||||
7 | the cost of the written quote required under this | ||||||
8 | subsection (e); or | ||||||
9 | (2) the customers who signed the petition under | ||||||
10 | paragraph (4) of subsection (d) shall pay to the township | ||||||
11 | the entire cost of the written quote required under this | ||||||
12 | subsection (e). | ||||||
13 | (f) For purposes of this Section only: | ||||||
14 | "Connection charge" means any charge or fee, by whatever | ||||||
15 | name, assessed to recover the cost of connecting the customer's | ||||||
16 | water main, sewer, or water main and sewer service line to the | ||||||
17 | township's facilities, and includes only the direct and | ||||||
18 | indirect costs of physically tying the service line into the | ||||||
19 | township's main. | ||||||
20 | "Independent entity" means an engineering firm that has not | ||||||
21 | entered into a contract with any State agency, unit of local | ||||||
22 | government, or non-governmental entity for goods or services | ||||||
23 | within the township or township service area in the 24 months | ||||||
24 | prior to being contracted to perform the cost study. | ||||||
25 | (Source: P.A. 82-783; 88-62.)"; and
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1 | on page 3, immediately below line 20, by inserting the | ||||||
2 | following:
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3 | "Section 20. The Metropolitan Water Reclamation District | ||||||
4 | Act is amended by changing Sections 4.3, 4.11, 4.12, and 4.14 | ||||||
5 | as follows:
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6 | (70 ILCS 2605/4.3) (from Ch. 42, par. 323.3)
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7 | Sec. 4.3. Classification of positions. The Director shall, | ||||||
8 | with the
consent and approval of said civil
service board, | ||||||
9 | classify within 90 days after the effective date of this
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10 | amendatory Act of 1997, all
positions in said sanitary district
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11 | with reference
to the duties thereof for the purpose of | ||||||
12 | establishing job classifications, and
of fixing
and | ||||||
13 | maintaining standards of examinations hereinafter provided | ||||||
14 | for. The
positions so classified shall constitute the
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15 | classified civil
service of such sanitary district and no | ||||||
16 | appointments, promotions,
transfers, demotions, reductions in | ||||||
17 | grade or pay or removal therefrom shall be made
except under | ||||||
18 | and according to the provisions of this Act and of the rules
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19 | hereinafter mentioned. As a part of such classified civil | ||||||
20 | service all employees under said Director, except special | ||||||
21 | examiners, shall
be included. The Director shall ascertain and | ||||||
22 | record the duties of each
position in the classified civil | ||||||
23 | service and designate
the classification of
each position. Each | ||||||
24 | classification shall comprise positions having
substantially |
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1 | similar duties. He shall also record the lines of promotion
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2 | from each lower classification to a higher classification | ||||||
3 | wherever the
experience derived in
the performance of the | ||||||
4 | duties of such lower classification tends
to qualify for
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5 | performance of duty in such higher classification. The | ||||||
6 | director,
subject to the
disapproval of the civil service board | ||||||
7 | as hereinafter provided, shall by
rule prescribe standards of | ||||||
8 | efficiency for each classification
and for examinations
of | ||||||
9 | candidates for appointment thereto. Such rule or any amendment | ||||||
10 | thereof
shall take effect 30 days after written notice thereof | ||||||
11 | is given to the
civil service board, unless within such period | ||||||
12 | the board files with the
Director a written notice of its | ||||||
13 | disapproval thereof.
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14 | For the purpose of establishing uniformity of pay and title | ||||||
15 | for all
positions similarly classified, it shall be
the duty of | ||||||
16 | the Director to prescribe by rule which shall become effective
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17 | when approved by the trustees, the maximum and minimum pay for | ||||||
18 | each
classification
and the title thereof and to report to the | ||||||
19 | trustees annually and at such
other times as they may direct | ||||||
20 | the name and address of each officer and
employee paid more or | ||||||
21 | less than the pay prescribed for his classification or
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22 | designated by a title other than that prescribed for his | ||||||
23 | classification by the
board of trustees. It shall be the duty | ||||||
24 | of the trustees not later than
the beginning of the next fiscal | ||||||
25 | year
after receiving
such report to change the pay or title of | ||||||
26 | any position or
employee so
reported out of classification to |
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1 | conform to the title and pay
prescribed by the
Director for the | ||||||
2 | classification in which the position held by
the
employee is | ||||||
3 | classified. The Director shall standardize employment in each
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4 | classification and make and keep a record of the relative
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5 | efficiency of each employee in the classified civil service. | ||||||
6 | The Director shall
provide by
rule methods for ascertaining and | ||||||
7 | verifying the facts from which such
records of relative | ||||||
8 | efficiency shall be made which shall be uniform for
each | ||||||
9 | classification in the classified civil service.
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10 | (Source: P.A. 90-316, eff. 1-1-98.)
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11 | (70 ILCS 2605/4.11) (from Ch. 42, par. 323.11)
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12 | Sec. 4.11. Appointments.
Whenever a position classified | ||||||
13 | under this Act is to be
filled, except the positions of deputy | ||||||
14 | director of engineering, deputy director of monitoring and | ||||||
15 | research, deputy director of maintenance and operations, | ||||||
16 | assistant director of engineering, assistant director of | ||||||
17 | maintenance and operations, deputy general counsel, head | ||||||
18 | assistant attorneys, assistant
director of monitoring and | ||||||
19 | research, assistant director of information
technology, | ||||||
20 | comptroller, assistant treasurer, assistant director of | ||||||
21 | procurement and materials management,
assistant director of | ||||||
22 | human resources, and laborers, the Executive Director shall | ||||||
23 | make requisition upon the Director, and the Director shall
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24 | certify to him or her from the register of eligibles for the | ||||||
25 | position the names
(a) of the five candidates standing highest |
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1 | upon the register
of eligibles for the position, or (b) of the | ||||||
2 | candidates within the A category upon the register of eligibles | ||||||
3 | if the register is by categories
designated as A, B, and C, | ||||||
4 | provided, however, that
any certification shall consist of at | ||||||
5 | least 5 candidates, if available. If fewer than 5 candidates | ||||||
6 | are in the A category, then the
Director shall also certify all | ||||||
7 | of the candidates in the B category. If fewer than 5 candidates | ||||||
8 | are in the A and B categories combined, then the Director shall | ||||||
9 | also certify all of the candidates in the C category. The | ||||||
10 | Executive Director
shall notify the Director of each position | ||||||
11 | to be filled separately and
shall fill the position by | ||||||
12 | appointment of one of the certified candidates. The Executive | ||||||
13 | Director's appointment decision shall be final and not subject | ||||||
14 | to review. An appointed candidate shall be a probationary | ||||||
15 | appointee on probation for a period to
be fixed by the rules, | ||||||
16 | not exceeding 250 days worked by the probationary appointee in | ||||||
17 | the position of probationary appointment. At any time during | ||||||
18 | the
period of probation, the Executive Director with the | ||||||
19 | approval of the
Director may terminate a probationary appointee | ||||||
20 | and shall notify
the civil service board in writing of the | ||||||
21 | termination; however, the Executive Director's termination of | ||||||
22 | a probationary appointee shall be final and not subject to | ||||||
23 | review. At any time during the period of probation, a | ||||||
24 | probationary appointee may make a written request to | ||||||
25 | voluntarily terminate a probationary appointment, and if | ||||||
26 | approved by the Executive Director, such voluntary termination |
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1 | shall be final and not subject to review. If a probationary | ||||||
2 | appointee is
not terminated, his or her appointment shall be | ||||||
3 | deemed complete.
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4 | When there is no eligible list, the Executive Director may, | ||||||
5 | with the
authority of the Director, make a temporary | ||||||
6 | appointment to remain in
force only until a permanent | ||||||
7 | appointment from an eligible register or
list can be made in | ||||||
8 | the manner specified in the previous provisions of
this | ||||||
9 | Section, and examinations to supply an eligible list therefor | ||||||
10 | shall
be held and an eligible list established therefrom within | ||||||
11 | one year from
the making of such appointment. The acceptance or | ||||||
12 | refusal by an eligible person of a temporary appointment does | ||||||
13 | not affect his or her standing on the register for permanent | ||||||
14 | appointment.
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15 | In employment of an essentially
temporary and transitory | ||||||
16 | nature, the Executive Director may, with the
authority of the | ||||||
17 | Director of Human Resources make temporary appointments. No | ||||||
18 | temporary appointment of an essentially temporary and
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19 | transitory nature may be granted for a period of
more than 119 | ||||||
20 | consecutive or non-consecutive working days per calendar year. | ||||||
21 | The Director must
include in his or her annual report, and if | ||||||
22 | required by the commissioners, in
any special report, a | ||||||
23 | statement of all temporary appointments made
during the year or | ||||||
24 | period specified by the commissioners, together with
a | ||||||
25 | statement of the facts in each case because of which the | ||||||
26 | authority was
granted.
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1 | All laborers shall be appointed by the Executive Director | ||||||
2 | and shall
be on probation for a period to be fixed by the | ||||||
3 | rules, not exceeding 250 days worked by the laborer in the | ||||||
4 | position of the probationary appointment. At any time during | ||||||
5 | the period of a laborer's probation, the Executive Director | ||||||
6 | with the approval of the Director may terminate a laborer's | ||||||
7 | probationary appointment and shall notify the civil service | ||||||
8 | board in writing of the termination; however, the Executive | ||||||
9 | Director's termination of a laborer's probationary appointment | ||||||
10 | shall be final and not subject to review. If a laborer's | ||||||
11 | probationary appointment is not terminated, the appointment | ||||||
12 | shall be deemed complete.
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13 | The positions of deputy director of engineering, deputy | ||||||
14 | director of monitoring and research, deputy director of | ||||||
15 | maintenance and operations, assistant director of engineering, | ||||||
16 | assistant director of maintenance and operations, deputy | ||||||
17 | general counsel,
head assistant attorneys, assistant director | ||||||
18 | of monitoring and research, assistant director of information | ||||||
19 | technology, comptroller,
assistant treasurer, assistant | ||||||
20 | director of procurement and materials management, and | ||||||
21 | assistant director of human resources shall be
appointed by the | ||||||
22 | Executive Director upon the recommendation of
the respective | ||||||
23 | department head and shall be on probation for a period
to be | ||||||
24 | fixed by the rules, not exceeding two years. At any time during
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25 | the period of probation, the Executive Director on the
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26 | recommendation of the department head concerned, may terminate |
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1 | any such probationary appointee and he or she shall notify the | ||||||
2 | Civil Service Board in
writing of the termination; however, the | ||||||
3 | Executive Director's termination of a probationary appointee | ||||||
4 | shall be final and not subject to review. If a probationary | ||||||
5 | appointee is not terminated, his
or her appointment shall be | ||||||
6 | deemed complete under the laws governing the
classified civil | ||||||
7 | service.
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8 | (Source: P.A. 97-124, eff. 7-14-11.)
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9 | (70 ILCS 2605/4.12) (from Ch. 42, par. 323.12)
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10 | Sec. 4.12.
The Director may by his rules provide for | ||||||
11 | transfers of officers
and employees in the classified service | ||||||
12 | from positions in one office or
department to positions of the | ||||||
13 | same class and grade in another office or
department. Transfers | ||||||
14 | which are in the nature of promotions shall be
governed by | ||||||
15 | Section 4.10 of this Act.
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16 | Subject to the Executive Director's approval, an employee | ||||||
17 | in the classified civil service may make a written request for | ||||||
18 | a voluntary demotion to the employee's most recent former | ||||||
19 | classification, and if granted by the Executive Director, such | ||||||
20 | voluntary demotion shall be final and not subject to review. | ||||||
21 | (Source: Laws 1963, p. 2477.)
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22 | (70 ILCS 2605/4.14) (from Ch. 42, par. 323.14)
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23 | Sec. 4.14. No officer or employee in the classified civil | ||||||
24 | service of the
sanitary district shall be involuntarily demoted |
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1 | removed or discharged except for cause, upon
written charges, | ||||||
2 | and after an opportunity to be heard in his own defense. For | ||||||
3 | discharge actions, such
Such charges shall be filed with the | ||||||
4 | civil service board within 30 days from the date of suspension | ||||||
5 | under the charges, and the charges shall be promptly | ||||||
6 | investigated by or before the civil service board, or
by or | ||||||
7 | before some officer or officers appointed by the civil service | ||||||
8 | board
to conduct such investigation. Both involuntary demotion | ||||||
9 | and discharge hearings The hearing shall be public and the | ||||||
10 | employee shall be entitled to call witnesses in his or her | ||||||
11 | defense and to have the aid of counsel. Such hearings shall | ||||||
12 | take place within 120 days after charges are filed against the | ||||||
13 | employee , unless the . The hearing shall be public and the | ||||||
14 | accused
shall be entitled to call witnesses in his defense and | ||||||
15 | to have the aid of
counsel. The civil service board continues | ||||||
16 | may continue a discharge or involuntary demotion hearing for | ||||||
17 | good cause shown and only with the consent of the employee. | ||||||
18 | After the hearing is completed, the The civil service board | ||||||
19 | shall enter a finding and decision. A decision shall be deemed | ||||||
20 | to have been served either when a copy of the decision is | ||||||
21 | personally delivered or when a copy of the decision is | ||||||
22 | deposited in the United States mail, addressed to the employee | ||||||
23 | at his last known address on file with the human resources | ||||||
24 | department. The finding and decision of the civil service board | ||||||
25 | or of such
investigating officer or officers, when approved by | ||||||
26 | said civil service
board, shall be final, except for the |
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1 | judicial review thereof as herein
provided, and shall be | ||||||
2 | certified to the appointing officer, and shall be
forthwith | ||||||
3 | enforced by such officer. Nothing in this Act shall limit the
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4 | power of any officer to suspend a subordinate for a reasonable | ||||||
5 | period not
exceeding thirty days; however, if charges are filed | ||||||
6 | against a suspended employee, the suspension shall be extended | ||||||
7 | until the civil service board enters its finding and decision | ||||||
8 | regarding the charges unless prior to this time the board | ||||||
9 | enters an order approving an agreement between the sanitary | ||||||
10 | district and the employee that the suspension should terminate | ||||||
11 | at an earlier date. Every such suspension shall be without pay:
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12 | Provided, however, that the civil service board shall have | ||||||
13 | authority to
investigate every such suspension and, in case of | ||||||
14 | its disapproval thereof,
it shall have power to restore pay to | ||||||
15 | the employee so suspended. For discharge actions, if the civil | ||||||
16 | service board enters a finding and decision denying discharge, | ||||||
17 | the employee shall be returned to the classification held at | ||||||
18 | the time charges were filed. For involuntary demotion actions, | ||||||
19 | if the civil service board enters a finding and decision | ||||||
20 | granting an involuntary demotion, the employee shall be demoted | ||||||
21 | to the employee's most recent former classification. In the
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22 | course of any investigation provided for in this Act, each | ||||||
23 | member of the
civil service board and any officer appointed by | ||||||
24 | it shall have the power to
administer oaths and shall have | ||||||
25 | power to secure by its subpoena both the
attendance and | ||||||
26 | testimony of witnesses and the production of books and
papers.
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1 | Either the sanitary district or the employee may file a | ||||||
2 | written petition for rehearing of the finding and decision of | ||||||
3 | the civil service board within 21 calendar days after the | ||||||
4 | finding and decision are served as provided in this Section. | ||||||
5 | The petition shall state fully the grounds upon which | ||||||
6 | application for further investigation and hearing is based. If | ||||||
7 | a petition is denied by the civil service board, the decision | ||||||
8 | shall remain in full force and effect and any further appeal by | ||||||
9 | either party shall be in accordance with the provisions of the | ||||||
10 | Administrative Review Law. | ||||||
11 | The provisions of the Administrative Review Law, and all | ||||||
12 | amendments
and modifications thereof, and the
rules adopted | ||||||
13 | pursuant thereto, shall apply to and govern all proceedings
for | ||||||
14 | the judicial review of final administrative decisions of the | ||||||
15 | civil
service board hereunder. The term "administrative | ||||||
16 | decision" is defined as
in Section 3-101 of the Code of Civil | ||||||
17 | Procedure.
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18 | (Source: P.A. 95-923, eff. 8-26-08.)".
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