Bill Text: IL SB3438 | 2011-2012 | 97th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Metropolitan Water Reclamation District Act. Provides that the position of public and intergovernmental affairs officer of the Metropolitan Water Reclamation District does not qualify as classified civil service. Further provides that the public and intergovernmental affairs officer shall be appointed by the executive director, and in the invent of illness, prolonged absence, death, or resignation, the executive director of the Metropolitan Water Reclamation District may appoint an acting public and intergovernmental affairs officer to perform the duties of the position. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB3438 Detail]

Download: Illinois-2011-SB3438-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB3438 Introduced 2/7/2012, by Sen. M. Maggie Crotty SYNOPSIS AS INTRODUCED:
70 ILCS 2605/4 from Ch. 42, par. 323
70 ILCS 2605/4.13 from Ch. 42, par. 323.13
Amends the Metropolitan Water Reclamation District Act. Provides that the position of public and intergovernmental affairs officer of the Metropolitan Water Reclamation District does not qualify as classified civil service. Further provides that the public and intergovernmental affairs officer shall be appointed by the executive director, and in the invent of illness, prolonged absence, death, or resignation, the executive director of the Metropolitan Water Reclamation District may appoint an acting public and intergovernmental affairs officer to perform the duties of the position. Effective immediately.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Metropolitan Water Reclamation District Act
is amended by changing Sections 4 and 4.13 as follows:
(70 ILCS 2605/4) (from Ch. 42, par. 323)
Sec. 4. The commissioners elected under this Act constitute
a board of commissioners for the district by which they are
elected, which board of commissioners is the corporate
authority of the sanitary district, and, in addition to all
other powers specified in this Act, shall establish the
policies and goals of the sanitary district. The executive
director, in addition to all other powers specified in this
Act, shall manage and control all the affairs and property of
the sanitary district and shall regularly report to the Board
of Commissioners on the activities of the sanitary district in
executing the policies and goals established by the board. At
the regularly scheduled meeting of odd numbered years following
the induction of new commissioners the board of commissioners
shall elect from its own number a president and a
vice-president to serve in the absence of the president, and
the chairman of the committee on finance. The board shall
provide by rule when a vacancy occurs in the office of the

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president, vice-president, or the chairman of the committee on
finance and the manner of filling such vacancy.
The board shall appoint from outside its own number the
executive director and treasurer for the district.
The executive director must be a resident of the sanitary
district and a citizen of the United States. He must be
selected solely upon his administrative and technical
qualifications and without regard to his political
affiliations.
In the event of illness or other prolonged absence, death
or resignation creating a vacancy in the office of the
executive director, or treasurer, the board of commissioners
may appoint an acting officer from outside its own number, to
perform the duties and responsibilities of the office during
the term of the absence or vacancy.
The executive director with the advice and consent of the
board of commissioners, shall appoint the director of
engineering, director of maintenance and operations, director
of human resources, director of procurement and materials
management, clerk, general counsel, director of monitoring and
research, and director of information technology. These
constitute the heads of the Department of Engineering,
Maintenance and Operations, Human Resources, Procurement and
Materials Management, Finance, Law, Monitoring and Research,
and Information Technology, respectively. No other departments
or heads of departments may be created without subsequent

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amendment to this Act. All such department heads are under the
direct supervision of the executive director.
The executive director with the advice and consent of the
board of commissioners, shall appoint a public and
intergovernmental affairs officer. The public and
intergovernmental affairs officer shall serve under the direct
supervision of the executive director.
The director of human resources must be qualified under
Section 4.2a of this Act.
The director of procurement and materials management must
be selected in accordance with Section 11.16 of this Act.
In the event of illness or other prolonged absence, death
or resignation creating a vacancy in the office of director of
engineering, director of maintenance and operations, director
of human resources, director of procurement and materials
management, clerk, general counsel, director of monitoring and
research, public and intergovernmental affairs officer, or
director of information technology, the executive director
shall appoint an acting officer to perform the duties and
responsibilities of the office during the term of the absence
or vacancy. Any such officers appointed in an acting capacity
are under the direct supervision of the executive director.
All appointive officers and acting officers shall give bond
as may be required by the board.
The executive director, treasurer, acting executive
director, and acting treasurer hold their offices at the

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pleasure of the board of commissioners.
The acting director of engineering, acting director of
maintenance and operations, acting director of human
resources, acting director of procurement and materials
management, acting clerk, acting general counsel, acting
director of monitoring and research, acting public and
intergovernmental affairs officer, and acting director of
information technology hold their offices at the pleasure of
the executive director.
The director of engineering, director of maintenance and
operations, director of human resources, director of
procurement and materials management, clerk, general counsel,
director of monitoring and research, public and
intergovernmental affairs officer, and director of information
technology may be removed from office for cause by the
executive director. Prior to removal, such officers are
entitled to a public hearing before the executive director at
which hearing they may be represented by counsel. Before the
hearing, the executive director shall notify the board of
commissioners of the date, time, place and nature of the
hearing.
In addition to the general counsel appointed by the
executive director, the board of commissioners may appoint from
outside its own number an attorney, or retain counsel, to
advise the board of commissioners with respect to its powers
and duties and with respect to legal questions and matters of

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policy for which the board of commissioners is responsible.
The executive director is the chief administrative officer
of the district, has supervision over and is responsible for
all administrative and operational matters of the sanitary
district including the duties of all employees which are not
otherwise designated by law, and is the appointing authority as
specified in Section 4.11 of this Act.
The board, through the budget process, shall set the
compensation of all the officers and employees of the sanitary
district. Any incumbent of the office of president may appoint
an administrative aide which appointment remains in force
during his incumbency unless revoked by the president.
Effective upon the election in January, 1985 of the
president and vice-president of the board of commissioners and
the chairman of the committee on finance, the annual salary of
the president shall be $37,500 and shall be increased to
$39,500 in January, 1987, $41,500 in January, 1989, $50,000 in
January, 1991, and $60,000 in January, 2001; the annual salary
of the vice-president shall be $35,000 and shall be increased
to $37,000 in January, 1987, $39,000 in January, 1989, $45,000
in January, 1991, and $55,000 in January, 2001; the annual
salary of the chairman of the committee on finance shall be
$32,500 and shall be increased to $34,500 in January, 1987,
$36,500 in January, 1989, $45,000 in January, 1991, and $55,000
in January, 2001.
The annual salaries of the other members of the Board shall

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be as follows:
For the three members elected in November, 1980, $26,500
per annum for the first two years of the term; $28,000 per
annum for the next two years of the term and $30,000 per annum
for the last two years.
For the three members elected in November, 1982, $28,000
per annum for the first two years of the term and $30,000 per
annum thereafter.
For members elected in November, 1984, $30,000 per annum.
For the three members elected in November, 1986, $32,000
for each of the first two years of the term, $34,000 for each
of the next two years and $36,000 for the last two years;
For three members elected in November, 1988, $34,000 for
each of the first two years of the term and $36,000 for each
year thereafter.
For members elected in November, 1990, 1992, 1994, 1996, or
1998, $40,000.
For members elected in November, 2000 and thereafter,
$50,000.
Notwithstanding the other provisions of this Section, the
board, prior to January 1, 2007 and with a two-thirds vote, may
increase the annual rate of compensation at a separate flat
amount for each of the following: the president, the
vice-president, the chairman of the committee on finance, and
the other members; the increased annual rate of compensation
shall apply to all such officers and members whose terms as

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members of the board commence after the increase in
compensation is adopted by the board.
The board of commissioners has full power to pass all
necessary ordinances, orders, rules, resolutions and
regulations for the proper management and conduct of the
business of the board of commissioners and the corporation and
for carrying into effect the object for which the sanitary
district is formed. All ordinances, orders, rules, resolutions
and regulations passed by the board of commissioners must,
before they take effect, be approved by the president of the
board of commissioners. If he approves thereof, he shall sign
them, and such as he does not approve he shall return to the
board of commissioners with his objections in writing at the
next regular meeting of the board of commissioners occurring
after the passage thereof. Such veto may extend to any one or
more items or appropriations contained in any ordinance making
an appropriation, or to the entire ordinance. If the veto
extends to a part of such ordinance, the residue takes effect.
If the president of such board of commissioners fails to return
any ordinance, order, rule, resolution or regulation with his
objections thereto in the time required, he is deemed to have
approved it, and it takes effect accordingly. Upon the return
of any ordinance, order, rule, resolution, or regulation by the
president, the vote by which it was passed must be reconsidered
by the board of commissioners, and if upon such reconsideration
two-thirds of all the members agree by yeas and nays to pass

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it, it takes effect notwithstanding the president's refusal to
approve thereof.
It is the policy of this State that all powers granted,
either expressly or by necessary implication, by this Act or
any other Illinois statute to the District may be exercised by
the District notwithstanding effects on competition. It is the
intention of the General Assembly that the "State action
exemption" to the application of federal antitrust statutes be
fully available to the District to the extent its activities
are authorized by law as stated herein.
(Source: P.A. 94-1069, eff. 11-29-06; 95-923, eff. 1-1-09.)
(70 ILCS 2605/4.13) (from Ch. 42, par. 323.13)
Sec. 4.13. The following offices and places of employment,
insofar as there are or may be such in the sanitary district,
shall not be included within the classified civil service: All
elective officers, the director of human resources, the clerk,
treasurer, director of engineering, general counsel, executive
director, director of maintenance and operations, director of
procurement and materials management, director of monitoring
and research, director of information technology, public and
intergovernmental affairs officer, and secretary and
administrative aide to the president of the board of trustees,
members of the civil service board and special examiners
appointed by the civil service board and the secretaries to the
officers and individual trustees, and those employed for

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periods not exceeding 5 years under any apprentice program,
training or intern programs funded wholly or in part by grants
from the State of Illinois or the United States of America.
Further, apprentices in a sanitary district apprenticeship
program for the trades shall not be included within the
classified civil service. Entry into a sanitary district
apprenticeship program for the trades shall be by lottery.
Graduates of a sanitary district apprenticeship program for the
trades shall be given additional points, in an amount to be
determined by the Director of Human Resources, on examinations
for civil service journeymen positions in the trades at the
sanitary district.
(Source: P.A. 95-923, eff. 1-1-09.)
Section 99. Effective date. This Act takes effect upon
becoming law.