SB2500 96TH GENERAL ASSEMBLY

LRB096 15433 MJR 30635 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2500

Introduced 10/30/2009, by Sen. James T. Meeks

SYNOPSIS AS INTRODUCED:

See Index

Amends the Election Code to add members of the Chicago Board of Election to the list of offices to be filled by ballot at the general election. Amends the School Code. Provides that terms of all members of the Chicago Board of Education holding office on the effective date of the amendatory Act are abolished upon election and seating of the members of the new board. Provides that the members of the board (instead of the Mayor) shall appoint a full-time, compensated chief executive officer, and his or her compensation as chief executive officer shall be determined by the board (instead of the Mayor). Provides that the board (instead of the Mayor, at his or her discretion) may appoint the President to serve simultaneously as the chief executive officer, who must possess a type 75 administrative certificate. Provides that any vacancy in the membership of the board shall be filled through appointment by the board, by majority vote, (instead of the Mayor) for the unexpired term. Adds provisions concerning (1) the composition of, (2) membership requirements for, (3) nomination and election process of, and (4) terms of office for members of the board. Adds provisions concerning vacancies on the board. Adds provisions concerning the election of the president, vice-president, and secretary of the Board. Adds provisions concerning (1) the organization of the board and (2) board duties with respect to the chief executive officer. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Section 2A-1.2 as follows:

(10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)

Sec. 2A-1.2. Consolidated Schedule of Elections - Offices Designated.

(a) At the general election in the appropriate even-numbered years, the following offices shall be filled or shall be on the ballot as otherwise required by this Code:

(1) Elector of President and Vice President of the United States;

(2) United States Senator and United States Representative;

(3) State Executive Branch elected officers;

(4) State Senator and State Representative;

(5) County elected officers, including State's Attorney, County Board member, County Commissioners, and elected President of the County Board or County Chief Executive;

(6) Circuit Court Clerk;

(7) Regional Superintendent of Schools, except in counties or educational service regions in which that office has been abolished;

(8) Judges of the Supreme, Appellate and Circuit Courts, on the question of retention, to fill vacancies and newly created judicial offices;

(9) (Blank);

(10) Trustee of the Metropolitan Sanitary District of Chicago, and elected Trustee of other Sanitary Districts;

(11) Special District elected officers, not otherwise designated in this Section, where the statute creating or authorizing the creation of the district requires an annual election and permits or requires election of candidates of political parties; and .

(12) Chicago Board of Education elected under Article 34 of the School Code.

(b) At the general primary election:

(1) in each even-numbered year candidates of political parties shall be nominated for those offices to be filled at the general election in that year, except where pursuant to law nomination of candidates of political parties is made by caucus.

(2) in the appropriate even-numbered years the political party offices of State central committeeman, township committeeman, ward committeeman, and precinct committeeman shall be filled and delegates and alternate delegates to the National nominating conventions shall be elected as may be required pursuant to this Code. In the even-numbered years in which a Presidential election is to be held, candidates in the Presidential preference primary shall also be on the ballot.

(3) in each even-numbered year, where the municipality has provided for annual elections to elect municipal officers pursuant to Section 6(f) or Section 7 of Article VII of the Constitution, pursuant to the Illinois Municipal Code or pursuant to the municipal charter, the offices of such municipal officers shall be filled at an election held on the date of the general primary election, provided that the municipal election shall be a nonpartisan election where required by the Illinois Municipal Code. For partisan municipal elections in even-numbered years, a primary to nominate candidates for municipal office to be elected at the general primary election shall be held on the Tuesday 6 weeks preceding that election.

(4) in each school district which has adopted the provisions of Article 33 of the School Code, successors to the members of the board of education whose terms expire in the year in which the general primary is held shall be elected.

(c) At the consolidated election in the appropriate odd-numbered years, the following offices shall be filled:

(1) Municipal officers, provided that in municipalities in which candidates for alderman or other municipal office are not permitted by law to be candidates of political parties, the runoff election where required by law, or the nonpartisan election where required by law, shall be held on the date of the consolidated election; and provided further, in the case of municipal officers provided for by an ordinance providing the form of government of the municipality pursuant to Section 7 of Article VII of the Constitution, such offices shall be filled by election or by runoff election as may be provided by such ordinance;

(2) Village and incorporated town library directors;

(3) City boards of stadium commissioners;

(4) Commissioners of park districts;

(5) Trustees of public library districts;

(6) Special District elected officers, not otherwise designated in this section, where the statute creating or authorizing the creation of the district permits or requires election of candidates of political parties;

(7) Township officers, including township park commissioners, township library directors, and boards of managers of community buildings, and Multi-Township Assessors;

(8) Highway commissioners and road district clerks;

(9) Members of school boards in school districts which adopt Article 33 of the School Code;

(10) The directors and chairman of the Chain O Lakes - Fox River Waterway Management Agency;

(11) Forest preserve district commissioners elected under Section 3.5 of the Downstate Forest Preserve District Act;

(12) Elected members of school boards, school trustees, directors of boards of school directors, trustees of county boards of school trustees (except in counties or educational service regions having a population of 2,000,000 or more inhabitants) and members of boards of school inspectors, except school boards in school districts that adopt Article 33 of the School Code;

(13) Members of Community College district boards;

(14) Trustees of Fire Protection Districts;

(15) Commissioners of the Springfield Metropolitan Exposition and Auditorium Authority;

(16) Elected Trustees of Tuberculosis Sanitarium Districts;

(17) Elected Officers of special districts not otherwise designated in this Section for which the law governing those districts does not permit candidates of political parties.

(d) At the consolidated primary election in each odd-numbered year, candidates of political parties shall be nominated for those offices to be filled at the consolidated election in that year, except where pursuant to law nomination of candidates of political parties is made by caucus, and except those offices listed in paragraphs (12) through (17) of subsection (c).

At the consolidated primary election in the appropriate odd-numbered years, the mayor, clerk, treasurer, and aldermen shall be elected in municipalities in which candidates for mayor, clerk, treasurer, or alderman are not permitted by law to be candidates of political parties, subject to runoff elections to be held at the consolidated election as may be required by law, and municipal officers shall be nominated in a nonpartisan election in municipalities in which pursuant to law candidates for such office are not permitted to be candidates of political parties.

At the consolidated primary election in the appropriate odd-numbered years, municipal officers shall be nominated or elected, or elected subject to a runoff, as may be provided by an ordinance providing a form of government of the municipality pursuant to Section 7 of Article VII of the Constitution.

(e) (Blank).

(f) At any election established in Section 2A-1.1, public questions may be submitted to voters pursuant to this Code and any special election otherwise required or authorized by law or by court order may be conducted pursuant to this Code.

Notwithstanding the regular dates for election of officers established in this Article, whenever a referendum is held for the establishment of a political subdivision whose officers are to be elected, the initial officers shall be elected at the election at which such referendum is held if otherwise so provided by law. In such cases, the election of the initial officers shall be subject to the referendum.

Notwithstanding the regular dates for election of officials established in this Article, any community college district which becomes effective by operation of law pursuant to Section 6-6.1 of the Public Community College Act, as now or hereafter amended, shall elect the initial district board members at the next regularly scheduled election following the effective date of the new district.

(g) At any election established in Section 2A-1.1, if in any precinct there are no offices or public questions required to be on the ballot under this Code then no election shall be held in the precinct on that date.

(h) There may be conducted a referendum in accordance with the provisions of Division 6-4 of the Counties Code.

(Source: P.A. 89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626, eff. 8-9-96; 90-358, eff. 1-1-98.)

Section 10. The School Code is amended by changing Sections 34-1 and 34-3 and by adding Sections 34-3.6, 34-3.7, 34-3.8, 34-3.9, and 34-3.10 as follows:

(105 ILCS 5/34-1) (from Ch. 122, par. 34-1)

Sec. 34-1. Application of article; Definitions. This Article applies only to cities having a population exceeding 500,000.

"Trustees", when used in this Article, means the Chicago School Reform Board of Trustees created by this amendatory Act of 1995 and serving as the governing board of the school district organized under this Article beginning with its appointment on or after the effective date of this amendatory Act of 1995 and continuing until June 30, 1999 or the appointment of a new Chicago Board of Education as provided in Section 34-3, whichever is later.

"Board", or "board of education" when used in this Article, means: (i) the Chicago School Reform Board of Trustees for the period that begins with the appointment of the Trustees and that ends on the later of June 30, 1999 or the appointment of a new Chicago Board of Education as provided in Section 34-3; and (ii) the new Chicago Board of Education from and after June 30, 1999 or from and after its appointment as provided in Section 34-3, whichever is later; and (iii) the Chicago Board of Education established by this amendatory Act of the 96th General Assembly upon that board being duly constituted.

Except during the period that begins with the appointment of the Chicago School Reform Board of Trustees on or after the effective date of this amendatory Act of 1995 and that ends on the later of June 30, 1999 or the appointment of a new Chicago Board of Education as provided in Section 34-3: (i) the school district organized under this Article may be subject to further limitations imposed under Article 34A; and (ii) the provisions of Article 34A prevail over the other provisions of this Act, including the provisions of this Article, to the extent of any conflict.

(Source: P.A. 89-15, eff. 5-30-95.)

(105 ILCS 5/34-3) (from Ch. 122, par. 34-3)

Sec. 34-3. Chicago School Reform Board of Trustees; new Chicago Board of Education; members; term; vacancies.

(a) The Within 30 days after the effective date of this amendatory Act of 1995, the terms of all members of the Chicago Board of Education holding office on the effective date of this amendatory Act of the 96th General Assembly that date are abolished upon election and seating of the members of the Chicago Board of Education as provided in this amendatory Act of the 96th General Assembly and the Mayor shall appoint, without the consent or approval of the City Council, a 5 member Chicago School Reform Board of Trustees which shall take office upon the appointment of the fifth member. The Chicago School Reform Board of Trustees and its members shall serve until, and the terms of all members of the Chicago School Reform Board of Trustees shall expire on, June 30, 1999 or upon the appointment of a new Chicago Board of Education as provided in subsection (b), whichever is later. Any vacancy in the membership of the Trustees shall be filled through appointment by the Mayor, without the consent or approval of the City Council, for the unexpired term. One of the members appointed by the Mayor to the Trustees shall be designated by the Mayor to serve as President of the Trustees. The members of the board Mayor shall appoint a full-time, compensated chief executive officer, who must possess an administrative certificate pursuant to Section 21-7.1 of this Code, and his or her compensation as such chief executive officer shall be determined by the board Mayor. The board Mayor, at his or her discretion, may appoint the President to serve simultaneously as the chief executive officer.

(b) Within 30 days before the expiration of the terms of the members of the Chicago Reform Board of Trustees as provided in subsection (a), a new Chicago Board of Education consisting of 7 members shall be appointed by the Mayor to take office on the later of July 1, 1999 or the appointment of the seventh member. Three of the members initially so appointed under this subsection shall serve for terms ending June 30, 2002, 4 of the members initially so appointed under this subsection shall serve for terms ending June 30, 2003, and each member initially so appointed shall continue to hold office until his or her successor is appointed and qualified. Thereafter at the expiration of the term of any member a successor shall be appointed by the Mayor and shall hold office for a term of 4 years, from July 1 of the year in which the term commences and until a successor is appointed and qualified. Any vacancy in the membership of the Chicago Board of Education shall be filled through appointment by the board, by majority vote, Mayor for the unexpired term. No appointment to membership on the Chicago Board of Education that is made by the Mayor under this subsection shall require the approval of the City Council, whether the appointment is made for a full term or to fill a vacancy for an unexpired term on the Board. The board shall elect annually from its number a president and vice-president, in such manner and at such time as the board determines by its rules. The officers so elected shall each perform the duties imposed upon their respective office by the rules of the board, provided that (i) the president shall preside at meetings of the board and vote as any other member but have no power of veto, and (ii) the vice president shall perform the duties of the president if that office is vacant or the president is absent or unable to act. The secretary of the Board shall be selected by the Board and shall be an employee of the Board rather than a member of the Board, notwithstanding subsection (d) of Section 34-3.3. The duties of the secretary shall be imposed by the rules of the Board.

(c) The board may appoint a student to the board to serve in an advisory capacity. The student member shall serve for a term as determined by the board. The board may not grant the student member any voting privileges, but shall consider the student member as an advisor. The student member may not participate in or attend any executive session of the board.

(d) School districts organized under this Article shall be governed by a Chicago Board of Education consisting of 7 members, serving without compensation except as provided by law. Each member shall be elected for a term of 6 years, beginning at the next general election occurring after the effective date of this amendatory Act of the 96th General Assembly. Each member, on the date of his or her election, shall (1) be a citizen of the United States of the age of 18 years or over, (2) be a resident of the State and the territory of the district for at least one year immediately preceding his or her election, (3) be a registered voter as provided in the general election law, (4) not be a school trustee, and (5) not be a child sex offender as defined in Section 11-9.3 of the Criminal Code of 1961.

(e) Nomination papers filed under this Section are not valid unless the candidate named in those nomination papers files with the secretary of the board or with a person designated by the board to receive nominating petitions a receipt from the county clerk showing that the candidate has filed a statement of economic interests as required by the Illinois Governmental Ethics Act. The receipt shall be so filed either previously during the calendar year in which his nomination papers were filed or within the period for the filing of nomination papers in accordance with the general election law.

(f) All board members shall be elected at large by the voters of the City in a non-partisan election held during the general election, beginning with the general election held in 2010 and each succeeding general election. Seven board members shall be elected, with candidates receiving the highest, second-highest, third-highest, and fourth-highest number of votes being elected for 4-year terms. Candidates receiving the fifth-highest, sixth-highest, and seventh-highest number of votes shall be elected for 2-year terms.

(g) The term of office for the board members elected under this Section shall begin on the first Monday of the month following the month of the election. Each board member, before entering upon the duties of his or her office, shall take an oath to faithfully discharge his or her duties as a board member. The board member shall hold his or her office until his or her successors are elected and qualified. No board member shall serve simultaneously as a commissioner and a member or chairperson of another countywide elected board, commission, or agency. If a vacancy in the position of board president or commissioner occurs, other than by expiration of the president's or board member's term, then the board shall declare that a vacancy exists. If the vacancy occurs in the office of the president, then the board shall, within 30 days after the date of the vacancy, appoint a person to serve for the remainder of the unexpired term or until his or her successor is elected and qualified. If a vacancy occurs in the office of board member, then the Mayor shall, within 60 days after the date of the vacancy, and with the majority approval of City Council, appoint a person to serve for the remainder of the unexpired term or until his or her successor is elected and qualified. If more than 28 months remain in the unexpired term of a board member, then the appointment shall be until the next general election, at which time the vacated office shall be filled by election for the remainder of the term.

(Source: P.A. 94-231, eff. 7-14-05.)

(105 ILCS 5/34-3.6 new)

Sec. 34-3.6. President of the board.

(a) The president of the board shall be elected by the members thereof from among their number and serve for 2 years, except that the board by resolution may establish a policy for the term of office to be one year.

(b) The president shall preside at all meetings and shall perform such duties as are imposed upon him or her by law or by action of the Board. If he is absent from any meeting or refuses to perform his duties, then a president pro tempore shall be appointed. The vice-president of the Board shall be appointed the president pro tempore.

(105 ILCS 5/34-3.7 new)

Sec. 34-3.7. Vice-president of the board.

(a) A vice-president of the board shall be elected by the members thereof from among their number and serve for 2 years, except that the board by resolution may establish a policy for the term of office to be one year.

(b) The vice-president shall perform the duties of the president if there is a vacancy in the office of president or in case of the president's absence or inability to act, and other duties imposed upon him by the rules of the board.

(105 ILCS 5/34-3.8 new)

Sec. 34-3.8. Secretary of the board.

(a) The secretary of the board shall be elected by the board and may be a member thereof and shall serve for 2 years, except that the board by resolution may establish a policy for the term of office to be one year. The secretary, if not a member of the board, may receive such compensation as shall be fixed by the board of education prior to the election of the secretary. If the secretary is a member of the board, then he or she may receive compensation not to exceed $500 per year as shall be fixed by the board and may vote on all questions coming before the board.

(b) The secretary shall perform the duties usually pertaining to his office, or to the clerk of a board of directors, and those as are imposed on him by law, or by action of the board of education. If he or she is absent from any meeting or refuses to perform his duties, then a secretary pro tempore who may but need not be a member of the board shall be appointed.

(105 ILCS 5/34-3.9 new)

Sec. 34-3.9. Organization of the board.

(a) Within 28 days after the consolidated election, other than the consolidated elections in 1999 and 2001, the board shall organize by electing its officers and fixing a time and place for the regular meetings. Upon organizing itself as provided in this paragraph, the board shall enter upon the discharge of its duties.

(b) Special meetings of the board of education may be called by the president or by any 3 members of the board by giving notice in writing, stating the time, place, and purpose of the meeting. Notice may be served by mail 48 hours before the meeting or by personal service 24 hours before the meeting. Public notice of meetings must also be given as prescribed in Sections 2.02 and 2.03 of the Open Meetings Act.

At each regular and special meeting that is open to the public, members of the public and employees of the district shall be afforded time, subject to reasonable constraints, to comment to or ask questions of the board.

(c) The president or chief executive officer shall, at each regular board meeting, report any requests made of the district under provisions of the Freedom of Information Act and shall report the status of the district's response.

(105 ILCS 5/34-3.10 new)

Sec. 34-3.10. Board duties with respect to the chief executive officer. In addition to all other powers and duties enumerated in this Article, the board shall make all employment decisions pertaining to the chief executive officer. The board shall direct, through policy, the chief executive officer in his or her charge of the administration of the school district, including without limitation considering the recommendations of the chief executive officer concerning the budget, building plans, the locations of sites, the selection, retention, and dismissal of employees, and the selection of textbooks, instructional material, and courses of study. The board shall evaluate the chief executive officer in his or her administration of board policies and his or her stewardship of the assets of the district.

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