Public Act 099-0481
 
HB0372 EnrolledLRB099 06061 AWJ 26115 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Township Code is amended  by changing Section 
205-140 as follows:
 



    (60 ILCS 1/205-140)



    Sec. 205-140. Initiating proceedings for particular 
locality; rates
and charges; lien.
    (a) A township board may initiate proceedings under 
Sections 205-130 through
205-150 in the  manner provided by 
Section 205-20.

    (b) The township board may establish the rate or charge to 
each
user of the waterworks system or sewerage system, or 
combined waterworks
and sewerage system, or improvement or 
extension at a rate that will be
sufficient to pay the 
principal and interest of any bonds issued to pay
the cost of 
the system, improvement, or extension and the maintenance and

operation of the system, improvement, or extension and may 
provide an adequate
depreciation fund for the bonds. Charges or 
rates shall be established,
revised, and maintained by 
ordinance and become payable as the township board
determines 
by ordinance.

    (c) The charges or rates are liens upon the real estate 
upon or for which
sewerage service is supplied whenever the 
charges or rates become delinquent as
provided by the ordinance 
of the board fixing a delinquency date.

    (d) Notwithstanding any provision of law to the contrary, 
the township shall conduct a cost study regarding the 
connection charge of the township:
        (1) before the township increases or creates a 
    connection charge;
        (2) upon the request of the supervisor or a majority of 
    the township board of the township;
        (3) upon the request of a majority of the mayors or 
    village presidents of the municipalities located within or 
    substantially within the township or township's facility 
    planning area; or
        (4) upon the filing with the township board of a 
    petition signed by 10% or more of the customers who have 
    paid connection charges to the township in the previous 5 
    calendar years. 
    The cost study shall be conducted by an independent entity 
within 6 months of action taken under paragraphs (1), (2), (3), 
or (4) of this subsection (d). For purposes of this subsection 
(d), the term "independent entity" shall mean an engineering 
firm that has not entered into a contract with any State 
agency, unit of local government, or non-governmental entity 
for goods or services within the township or township service 
area in the 24 months prior to being contracted to perform the 
cost study. After performing a cost study under this subsection 
(d), an independent entity may not contract with any State 
agency, unit of local government, or non-governmental entity 
for goods or services within the township or township service 
area in the 24 months after completion of the cost study other 
than to perform further cost studies under this subsection (d). 
A township shall not be required to conduct more than one cost 
study in a 24 month period under paragraphs (1), (2), (3), or 
(4) of this subsection (d). The cost study must include, at a 
minimum, an examination of similar water main and sewer 
connection charges in neighboring units of local government or 
units of local government similar in size or population.  
Following the completion of the cost study, no increase or new 
connection charge may be imposed unless the increase or new 
charge is justified by the cost study.  If the connection charge 
the township charged prior to completion of the cost study is 
higher than is justified by the cost study, the township shall 
reduce its connection charge to the amount justified by the 
cost study.  For purposes of this subsection (d), "connection 
charge" means any charge or fee, by whatever name, assessed to 
recover the cost of connecting the customer's water main, 
sewer, or water main and sewer service line to the township's 
facilities, and includes only the direct and indirect costs of 
physically tying the service line into the township's main. 
(Source: P.A. 82-783; 88-62.)


 
    Section 10. The Metropolitan Water Reclamation District 
Act is amended  by changing Sections 4.3, 4.11, 4.12, and 4.14 
as follows:
 



    (70 ILCS 2605/4.3)  (from Ch. 42, par. 323.3)



    Sec. 4.3. Classification of positions. The Director shall, 
with the
consent and approval of said civil
service board, 
classify within 90 days after the effective date of this

amendatory Act of 1997, all
positions in said sanitary district

with reference
to the duties thereof for the purpose of 
establishing job classifications, and
of fixing
and 
maintaining standards of examinations hereinafter provided 
for. The
positions so classified shall constitute the

classified civil
service of such sanitary district and no 
appointments, promotions,
transfers, demotions, reductions in 
grade or pay or removal therefrom shall be made
except under 
and according to the provisions of this Act and of the rules

hereinafter mentioned. As a part of such classified civil 
service all employees under said Director, except special 
examiners, shall
be included. The Director shall ascertain and 
record the duties of each
position in the classified civil 
service and designate
the classification of
each position. Each 
classification shall comprise positions having
substantially 
similar duties. He shall also record the lines of promotion

from each lower classification to a higher classification 
wherever the
experience derived in
the performance of the 
duties of such lower classification tends
to qualify for

performance of duty in such higher classification. The 
director,
subject to the
disapproval of the civil service board 
as hereinafter provided, shall by
rule prescribe standards of 
efficiency for each classification
and for examinations
of 
candidates for appointment thereto. Such rule or any amendment 
thereof
shall take effect 30 days after written notice thereof 
is given to the
civil service board, unless within such period 
the board files with the
Director a written notice of its 
disapproval thereof.

    For the purpose of establishing uniformity of pay and title 
for all
positions similarly classified, it shall be
the duty of 
the Director to prescribe by rule which shall become effective

when approved by the trustees, the maximum and minimum pay for 
each
classification
and the title thereof and to report to the 
trustees annually and at such
other times as they may direct 
the name and address of each officer and
employee paid more or 
less than the pay prescribed for his classification or

designated by a title other than that prescribed for his 
classification by the
board of trustees. It shall be the duty 
of the trustees not later than
the beginning of the next fiscal 
year
after receiving
such report to change the pay or title of 
any position or
employee so
reported out of classification to 
conform to the title and pay
prescribed by the
Director for the 
classification in which the position held by
the
employee is 
classified. The Director shall standardize employment in each

classification and make and keep a record of the relative

efficiency of each employee in the classified civil service. 
The Director shall
provide by
rule methods for ascertaining and 
verifying the facts from which such
records of relative 
efficiency shall be made which shall be uniform for
each 
classification in the classified civil service.

(Source: P.A. 90-316, eff. 1-1-98.)

 



    (70 ILCS 2605/4.11)  (from Ch. 42, par. 323.11)


    Sec. 4.11. Appointments.
Whenever a position classified 
under this Act is to be
filled, except the positions of deputy 
director of engineering,  deputy director of monitoring and 
research, deputy director of  maintenance and operations, 
assistant director of engineering,  assistant director of 
maintenance and operations, deputy general counsel, head 
assistant attorneys, assistant
director of monitoring and 
research, assistant director of information
technology, 
comptroller, assistant treasurer, assistant director of 
procurement and materials management,
 assistant director of 
human resources, and laborers, the Executive Director shall 
make requisition upon the Director, and the Director shall

certify to him or her from the register of eligibles for the 
position the names
 (a) of the five candidates standing highest 
upon the register
of eligibles for the position, or (b) of the 
candidates within the A category upon the register of eligibles 
if the register is by categories
designated as A, B, and C, 
provided, however, that
any certification shall consist of at 
least 5 candidates, if available. If fewer than 5 candidates 
are in the A category, then the
Director shall also certify all 
of the candidates in the B category. If fewer than 5 candidates 
are in the A and B categories combined, then the Director shall 
also certify all of the candidates in the C category.  The 
Executive Director
shall notify the Director of each position 
to be filled separately and
shall fill the position by 
appointment of one of the certified candidates.   The Executive 
Director's appointment decision shall be final and not subject 
to review. An appointed candidate shall be a probationary 
appointee on probation for a period to
be fixed by the rules, 
not exceeding 250 days worked by the probationary appointee in 
the position of probationary appointment.  At any time during 
the
period of probation, the Executive Director with the 
approval of the
Director may terminate a probationary appointee 
and shall notify
the civil service board in writing of the 
termination; however, the Executive Director's termination of 
a probationary appointee shall be final and not subject to 
review.  At any time during the period of probation, a 
probationary appointee may make a written request to 
voluntarily terminate a probationary appointment, and if 
approved by the Executive Director, such voluntary termination 
shall be final and not subject to review. If a probationary 
appointee is
not terminated, his or her appointment shall be 
deemed complete.

    When there is no eligible list, the Executive Director may, 
with the
authority of the Director, make a temporary 
appointment to remain in
force only until a permanent 
appointment from an eligible register or
list can be made in 
the manner specified in the previous provisions of
this 
Section, and examinations to supply an eligible list therefor 
shall
be held and an eligible list established therefrom within 
one year from
the making of such appointment.  The acceptance or 
refusal by an eligible person of a temporary appointment does 
not affect his or her standing on the register for permanent 
appointment.

    In employment of an essentially
temporary and transitory 
nature, the Executive Director may, with the
authority of the 
Director of Human Resources make temporary appointments.  No 
temporary appointment of an essentially temporary and

transitory nature may be granted for a period of
more than 119 
consecutive or non-consecutive working days per calendar year.  
The Director must
include in his or her annual report, and if 
required by the commissioners, in
any special report, a 
statement of all temporary appointments made
during the year or 
period specified by the commissioners, together with
a 
statement of the facts in each case because of which the 
authority was
granted.

    All laborers shall be appointed by the Executive Director 
and shall
be on probation for a period to be fixed by the 
rules, not exceeding 250 days worked by the laborer in the 
position of the probationary appointment.  At any time during 
the period of a laborer's probation, the Executive Director 
with the approval of the Director may terminate a laborer's 
probationary appointment and shall notify the civil service 
board in writing of the termination; however, the Executive 
Director's termination of a laborer's probationary appointment 
shall be final and not subject to review.  If a laborer's 
probationary appointment is not terminated, the appointment 
shall be deemed complete.

    The positions of deputy director of engineering,  deputy 
director of monitoring and research, deputy director of  
maintenance and operations, assistant director of engineering,  
assistant director of maintenance and operations, deputy 
general counsel,
 head assistant attorneys, assistant director 
of monitoring and research, assistant director of information 
technology, comptroller,
assistant treasurer, assistant 
director of procurement and materials management, and 
assistant director of human resources shall be
appointed by the 
Executive Director upon the recommendation of
the respective 
department head and shall be on probation for a period
to be 
fixed by the rules, not exceeding two years.  At any time during

the period of probation, the Executive Director on the

recommendation of  the department head concerned, may terminate 
any such probationary appointee and he or she shall notify the 
Civil Service Board in
writing of the termination; however, the 
Executive Director's termination of a probationary appointee 
shall be final and not subject to review.  If a probationary 
appointee is not terminated, his
or her appointment shall be 
deemed complete under the laws governing the
classified civil 
service.

(Source: P.A. 97-124, eff. 7-14-11.)

 



    (70 ILCS 2605/4.12)  (from Ch. 42, par. 323.12)



    Sec. 4.12. 
The Director may by his rules provide for 
transfers of officers
and employees in the classified service 
from positions in one office or
department to positions of the 
same class and grade in another office or
department. Transfers 
which are in the nature of promotions shall be
governed by 
Section 4.10 of this Act.

    Subject to the Executive Director's approval, an employee 
in the classified civil service may make a written request for 
a voluntary demotion to the employee's most recent former 
classification, and if granted by the Executive Director, such 
voluntary demotion shall be final and not subject to review. 
(Source: Laws 1963, p. 2477.)

 



    (70 ILCS 2605/4.14)  (from Ch. 42, par. 323.14)



    Sec. 4.14. No officer or employee in the classified civil 
service of the
sanitary district shall be involuntarily demoted 
removed or discharged except for cause, upon
written charges, 
and after an opportunity to be heard in his  own defense. For 
discharge actions, such
Such charges shall be filed with the 
civil service board within 30 days from the date of suspension 
under the charges, and the charges shall be promptly 
investigated by or before the civil service board, or
by or 
before some officer or officers appointed by the civil service 
board
to conduct such investigation. Both involuntary demotion 
and discharge hearings The hearing shall be public and the 
employee shall be entitled to call witnesses in his or her 
defense and to have the aid of counsel.  Such hearings shall 
take place within 120 days after charges are filed against the 
employee, unless the . The hearing shall be public and the 
accused
shall be entitled to call witnesses in his  defense and 
to have the aid of
counsel. The civil service board continues 
may continue a discharge or involuntary demotion hearing for 
good cause shown and only with the consent of the employee.  
After the hearing is completed, the The civil service board 
shall enter a finding and decision.  A decision shall be deemed 
to have been served either when a copy of the decision is 
personally delivered or when a copy of the decision is 
deposited in the United States mail, addressed to the employee 
at his last known address on file with the human resources 
department. The finding and decision of the civil service board 
or of such
investigating officer or officers, when approved by 
said civil service
board, shall be final, except for the 
judicial review thereof as herein
provided, and shall be 
certified to the appointing officer, and shall be
forthwith 
enforced by such officer. Nothing in this Act shall limit the

power of any officer to suspend a subordinate for a reasonable 
period not
exceeding thirty days; however, if charges are filed 
against a suspended employee, the suspension shall be extended 
until the civil service board enters its finding and decision 
regarding the charges unless prior to this time the board 
enters an order approving an agreement between the sanitary 
district and the employee that the suspension should terminate 
at an earlier date. Every such suspension shall be without pay:

Provided, however, that the civil service board shall have 
authority to
investigate every such suspension and, in case of 
its disapproval thereof,
it shall have power to restore pay to 
the employee so suspended. For discharge actions, if the civil 
service board enters a finding and decision denying discharge, 
the employee shall be returned to the classification held at 
the time charges were filed. For involuntary demotion actions, 
if the civil service board enters a finding and decision 
granting an involuntary demotion, the employee shall be demoted 
to the employee's most recent former classification. In the

course of any investigation provided for in this Act, each 
member of the
civil service board and any officer appointed by 
it shall have the power to
administer oaths and shall have 
power to secure by its subpoena both the
attendance and 
testimony of witnesses and the production of books and
papers.

    Either the sanitary district or the employee may file a 
written petition for rehearing of the finding and decision of 
the civil service board within 21 calendar days after the 
finding and decision are served as provided in this Section.  
The petition shall state fully the grounds upon which 
application for further investigation and hearing is based.  If 
a petition is denied by the civil service board, the decision 
shall remain in full force and effect and any further appeal by 
either party shall be in accordance with the provisions of the 
Administrative Review Law. 
    The provisions of the Administrative Review Law, and all 
amendments
and modifications thereof, and the
rules adopted 
pursuant thereto, shall apply to and govern all proceedings
for 
the judicial review of final administrative decisions of the 
civil
service board hereunder. The term "administrative 
decision" is defined as
in Section 3-101 of the Code of Civil 
Procedure.

(Source: P.A. 95-923, eff. 8-26-08.)

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