Public Act 094-1069
 		





SB0185 Enrolled
LRB094 06143 EFG 36208 b






    AN ACT concerning the Metropolitan Water Reclamation 
District.

 
    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 Section 4 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 general

superintendent, 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 
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 
general
superintendent and treasurer for the district.


    The general superintendent 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 general

superintendent, 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 general superintendent with the advice and consent of 
the board
of commissioners, shall appoint the chief engineer, 
chief of maintenance
and operations, director of personnel, 
purchasing agent, clerk, attorney,
director of research and 
development, and director of information technology.
These 
constitute the heads of the Department of Engineering, 
Maintenance and
Operations, Personnel, Purchasing, Finance, 
Law, Research and Development, and
Information Technology, 
respectively.  No other departments or heads of
departments may 
be created without subsequent amendment to this Act.  All such

department heads are under the direct supervision of the 
general
superintendent.


    The director of personnel must be qualified under Section 
4.2a of
this Act.


    The purchasing agent 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 chief 
engineer, chief of
maintenance and operations, director of 
personnel, purchasing agent,
clerk, attorney, director of 
research and development, or director
of information 
technology, the general superintendent 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 general superintendent.


    All appointive officers and acting officers shall give bond 
as may be
required by the board.


    The general superintendent, treasurer, acting general 
superintendent
and acting treasurer hold their offices at the 
pleasure of the board of
commissioners.


    The acting chief engineer, acting chief of maintenance and

operations, acting purchasing agent, acting director of 
personnel,
acting clerk, acting attorney, acting director of 
research and
development, and acting director of information 
technology hold their
offices at the pleasure of the general 
superintendent.


    The chief engineer, chief of maintenance and operations, 
director of
personnel, purchasing agent, clerk, attorney, 
director of research
and development, and director of 
information technology may be removed
from office for cause by 
the general superintendent.  Prior to removal, such
officers are 
entitled to a public hearing before the general superintendent 
at
which hearing they may be represented by counsel.  Before the 
hearing, the
general superintendent shall notify the board of 
commissioners of the date,
time, place and nature of the 
hearing.


    In addition to the attorney appointed by the general 
superintendent,
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 
policy for which the board of commissioners is responsible.


    The general superintendent 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
fix 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 
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 
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 
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. 91-722, eff. 6-2-00.)

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