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91_SB0286ham002
LRB9103071MWgcam02
1 AMENDMENT TO SENATE BILL 286
2 AMENDMENT NO. . Amend Senate Bill 286, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT concerning special districts, amending named
5 Acts."; and
6 after the end of Section 5, by inserting the following:
7 "Section 10. The Metropolitan Water Reclamation District
8 Act is amended by changing Section 4 as follows:
9 (70 ILCS 2605/4) (from Ch. 42, par. 323)
10 Sec. 4. The commissioners elected under this Act
11 constitute a board of commissioners for the district by which
12 they are elected, which board of commissioners is the
13 corporate authority of the sanitary district, and, in
14 addition to all other powers specified in this Act, shall
15 establish the policies and goals of the sanitary district.
16 The general superintendent, in addition to all other powers
17 specified in this Act, shall manage and control all the
18 affairs and property of the sanitary district and shall
19 regularly report to the Board of Commissioners on the
20 activities of the sanitary district in executing the policies
21 and goals established by the board. At the regularly
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1 scheduled meeting of odd numbered years following the
2 induction of new commissioners the board of commissioners
3 shall elect from its own number a president and a
4 vice-president to serve in the absence of the president, and
5 the chairman of the committee on finance. The board shall
6 provide by rule when a vacancy occurs in the office of the
7 president, vice-president, or the chairman of the committee
8 on finance and the manner of filling such vacancy.
9 The board shall appoint from outside its own number the
10 general superintendent and treasurer for the district.
11 The general superintendent must be a resident of the
12 sanitary district and a citizen of the United States. He
13 must be selected solely upon his administrative and technical
14 qualifications and without regard to his political
15 affiliations.
16 In the event of illness or other prolonged absence, death
17 or resignation creating a vacancy in the office of the
18 general superintendent, or treasurer, the board of
19 commissioners may appoint an acting officer from outside its
20 own number, to perform the duties and responsibilities of the
21 office during the term of the absence or vacancy.
22 The general superintendent with the advice and consent of
23 the board of commissioners, shall appoint the chief engineer,
24 chief of maintenance and operations, director of personnel,
25 purchasing agent, clerk, attorney, director of research and
26 development, and director of information technology. These
27 constitute the heads of the Department of Engineering,
28 Maintenance and Operations, Personnel, Purchasing, Finance,
29 Law, Research and Development, and Information Technology,
30 respectively. No other departments or heads of departments
31 may be created without subsequent amendment to this Act. All
32 such department heads are under the direct supervision of the
33 general superintendent.
34 The director of personnel must be qualified under Section
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1 4.2a of this Act.
2 The purchasing agent must be selected in accordance with
3 Section 11.16 of this Act.
4 In the event of illness or other prolonged absence, death
5 or resignation creating a vacancy in the office of chief
6 engineer, chief of maintenance and operations, director of
7 personnel, purchasing agent, clerk, attorney, director of
8 research and development, or director of information
9 technology, the general superintendent shall appoint an
10 acting officer to perform the duties and responsibilities of
11 the office during the term of the absence or vacancy. Any
12 such officers appointed in an acting capacity are under the
13 direct supervision of the general superintendent.
14 All appointive officers and acting officers shall give
15 bond as may be required by the board.
16 The general superintendent, treasurer, acting general
17 superintendent and acting treasurer hold their offices at the
18 pleasure of the board of commissioners.
19 The acting chief engineer, acting chief of maintenance
20 and operations, acting purchasing agent, acting director of
21 personnel, acting clerk, acting attorney, acting director of
22 research and development, and acting director of information
23 technology hold their offices at the pleasure of the general
24 superintendent.
25 The chief engineer, chief of maintenance and operations,
26 director of personnel, purchasing agent, clerk, attorney,
27 director of research and development, and director of
28 information technology may be removed from office for cause
29 by the general superintendent. Prior to removal, such
30 officers are entitled to a public hearing before the general
31 superintendent at which hearing they may be represented by
32 counsel. Before the hearing, the general superintendent
33 shall notify the board of commissioners of the date, time,
34 place and nature of the hearing.
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1 In addition to the attorney appointed by the general
2 superintendent, the board of commissioners may appoint from
3 outside its own number an attorney, or retain counsel, to
4 advise the board of commissioners with respect to its powers
5 and duties and with respect to legal questions and matters of
6 policy for which the board of commissioners is responsible.
7 The general superintendent is the chief administrative
8 officer of the district, has supervision over and is
9 responsible for all administrative and operational matters of
10 the sanitary district including the duties of all employees
11 which are not otherwise designated by law, and is the
12 appointing authority as specified in Section 4.11 of this
13 Act.
14 The board, through the budget process, shall fix the
15 compensation of all the officers and employees of the
16 sanitary district.
17 The compensation of board members shall be fixed by the
18 board, with the affirmative vote of at least 2/3 of the
19 members, subject to the following:
20 (1) The board may provide additional compensation
21 for its president, its vice president, and the chairman
22 of the committee on finance.
23 (2) The board may provide for travel and expense
24 allowances.
25 (3) The board may include an annual cost of living
26 adjustment effective each July 1. The cost of living
27 adjustment shall equal the lesser of 5% of the member's
28 or officer's salary or the cost of living index known as
29 the "Employment Cost Index, Wages and Salaries, by
30 Occupation and Industry Group: State and Local
31 Government Workers: Public Administration", as published
32 by the United States Department of Labor, Bureau of Labor
33 Statistics, applicable for the calendar year immediately
34 preceding the calendar year in which the July 1st
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1 increase is scheduled.
2 (4) In fixing compensation, the board may not
3 increase a member's or officer's salary by more than the
4 amount of the net increase, if any, that has occurred in
5 the cost of living index known as the "Employment Cost
6 Index, Wages and Salaries, by Occupation and Industry
7 Group: State and Local Government Workers: Public
8 Administration", as published by the United States
9 Department of Labor, Bureau of Labor Statistics, since
10 the rate of compensation was last adjusted.
11 Any incumbent of the office of president may appoint an
12 administrative aide, which appointment remains in force
13 during his incumbency unless revoked by the president.
14 Effective upon the election in January, 1985 of the
15 president and vice-president of the board of commissioners
16 and the chairman of the committee on finance, the annual
17 salary of the president shall be $37,500 and shall be
18 increased to $39,500 in January, 1987, $41,500 in January,
19 1989, and $50,000 in January, 1991; the annual salary of the
20 vice-president shall be $35,000 and shall be increased to
21 $37,000 in January, 1987, $39,000 in January, 1989 and
22 $45,000 in January, 1991; the annual salary of the chairman
23 of the committee on finance shall be $32,500 and shall be
24 increased to $34,500 in January, 1987, $36,500 in January,
25 1989 and $45,000 in January, 1991.
26 The annual salaries of the other members of the Board
27 shall be as follows:
28 For the three members elected in November, 1980, $26,500
29 per annum for the first two years of the term; $28,000 per
30 annum for the next two years of the term and $30,000 per
31 annum for the last two years.
32 For the three members elected in November, 1982, $28,000
33 per annum for the first two years of the term and $30,000 per
34 annum thereafter.
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1 For members elected in November, 1984, $30,000 per annum.
2 For the three members elected in November, 1986, $32,000
3 for each of the first two years of the term, $34,000 for each
4 of the next two years and $36,000 for the last two years;
5 For three members elected in November, 1988, $34,000 for
6 each of the first two years of the term and $36,000 for each
7 year thereafter.
8 For members elected in November, 1990 or thereafter,
9 $40,000.
10 The board of commissioners has full power to pass all
11 necessary ordinances, orders, rules, resolutions and
12 regulations for the proper management and conduct of the
13 business of the board of commissioners and the corporation
14 and for carrying into effect the object for which the
15 sanitary district is formed. All ordinances, orders, rules,
16 resolutions and regulations passed by the board of
17 commissioners must, before they take effect, be approved by
18 the president of the board of commissioners. If he approves
19 thereof, he shall sign them, and such as he does not approve
20 he shall return to the board of commissioners with his
21 objections in writing at the next regular meeting of the
22 board of commissioners occurring after the passage thereof.
23 Such veto may extend to any one or more items or
24 appropriations contained in any ordinance making an
25 appropriation, or to the entire ordinance. If the veto
26 extends to a part of such ordinance, the residue takes
27 effect. If the president of such board of commissioners
28 fails to return any ordinance, order, rule, resolution or
29 regulation with his objections thereto in the time required,
30 he is deemed to have approved it, and it takes effect
31 accordingly. Upon the return of any ordinance, order, rule,
32 resolution, or regulation by the president, the vote by which
33 it was passed must be reconsidered by the board of
34 commissioners, and if upon such reconsideration two-thirds of
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1 all the members agree by yeas and nays to pass it, it takes
2 effect notwithstanding the president's refusal to approve
3 thereof.
4 It is the policy of this State that all powers granted,
5 either expressly or by necessary implication, by this Act or
6 any other Illinois statute to the District may be exercised
7 by the District notwithstanding effects on competition. It is
8 the intention of the General Assembly that the "State action
9 exemption" to the application of federal antitrust statutes
10 be fully available to the District to the extent its
11 activities are authorized by law as stated herein.
12 (Source: P.A. 86-520; 87-1146.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.".