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91_SB0575eng SB575 Engrossed LRB9102339PTpk 1 AN ACT concerning the Chicago Park District. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Chicago Park District Act is amended by 5 changing Sections 3, 5, 14, and 16a and adding Section 15e as 6 follows: 7 (70 ILCS 1505/3) (from Ch. 105, par. 333.3) 8 Sec. 3. Commissioners; corporate body. There shall be 7 9 commissioners of the Chicago Park District. Within 30 days 10 after the effective date of this amendatory Act of 1988 the 11 Mayor of the City of Chicago, with the approval of the City 12 Council, shall appoint the 2 additional commissioners of the 13 Chicago Park District authorized by this amendatory Act of 14 1988, one to serve a term ending June 30, 1992, and the other 15 to serve a term ending June 30, 1993, as designated by the 16 Mayor. The 5 commissioners holding office on the effective 17 date of this amendatory Act of 1988 shall continue in office 18 until his or her term otherwise ends. 19 Annually in the same manner as the original appointments 20 are made, a commissioner shall be appointed to succeed each 21 commissioner whose term then expires to serve for a term of 5 22 years and until his or her successor is appointed and 23 qualified. Vacancies in the office of commissioner shall be 24 filled by appointment by the mayor with the approval of the 25 City Council. 26 Each commissioner shall be a legal voter of and reside 27 within the district and before entering upon the duties of 28 his or her office shall take and subscribe an oath to 29 faithfully discharge his or her duties as commissioner. Each 30 commissioner shall be required to post a bond in the sum of 31 $50,000 for the use and benefit of the district subject to SB575 Engrossed -2- LRB9102339PTpk 1 the approval of the Circuit Court of Cook County with whom 2 such bond shall be posted. 3 In performing their functions as commissioners for the 4 Chicago Park District, the commissioners are subject to the 5 Public Officer Prohibited Activities Act.It shall be a petty6offense for any commissioner to be directly or indirectly7pecuniarily interested in any contract or work of any kind8whatever connected with said park district, and any contract9in which any commissioners shall be directly or indirectly10interested shall be null and void.11 From the time of the beginning of the term of the first 12 commissioners, the Chicago Park District shall constitute a 13 body politic and corporate and by such name and style may sue 14 and be sued, contract and be contracted with, acquire and 15 hold real property necessary for corporate purposes, and 16 adopt a common seal and alter the same at pleasure. 17 (Source: P.A. 85-1411.) 18 (70 ILCS 1505/5) (from Ch. 105, par. 333.5) 19 Sec. 5. General superintendent; Director of Human 20 Resources. The commissioners of the Chicago Park District 21 shall appoint a general superintendent. Such superintendent 22 shall be chosen without regard to his or her political 23 affiliations and upon the sole basis of his or her 24 administrative and technical qualifications to manage the 25 affairs of the district. He or she shall be a citizen of the 26 United States and a resident of the district. 27 Notwithstanding anything to the contrary in Section 2 of 28 the Park System Civil Service Act"An Act relating to the29civil service in park systems", approved June 10, 1911, as30now or hereafter amended,or any other law, the commissioners 31 shall appoint a Director of Human Resourcessuperintendent of32employment. The Director of Human Resourcessuperintendent33of employmentshall be a citizen of the United States and a SB575 Engrossed -3- LRB9102339PTpk 1 resident of the district. 2 (Source: P.A. 85-1411.) 3 (70 ILCS 1505/14) (from Ch. 105, par. 333.14) 4 Sec. 14. Civil service. The Park System Civil Service 5 Act"An Act relating to the civil service in park systems",6approved June 10, 1911, as amended,shall apply to the 7 Chicago Park District, and upon the coming into effect of 8 this act there shall be appointed but one Director of Human 9 Resourcessuperintendent of employmentand but one civil 10 service board for such district. 11 Every officer and employe in the classified civil service 12 at the time this Act takes effect shall be assigned to a 13 position having, so far as possible, duties equivalent to his 14 former office or employment, and such officers and employes 15 shall have the same standing, grade, and privilege which they 16 respectively had in the districts from which they were 17 transferred, subject, however, to existing and future civil 18 service laws. This Section shall not be construed to require 19 the retention of more officers and employes than are 20 necessary to the proper performance of the functions of the 21 Chicago Park District and the rules of the civil service 22 board made in pursuance of the civil service law shall 23 control in the making of layoffs and reinstatements of such 24 officers and employes as are not necessary to be retained. 25 This act shall in no way be construed to affect the operation 26 of Article 5 or Article 12 of the"Illinois Pension Code" as27the same may from time to time be amended,nor to affect the 28 rights of employees to pensions or annuities nor any taxes 29 authorized to be levied therefor. In the case of employes and 30 policemen of superseded park districts not having annuity 31 benefit funds retained as employes or policemen of the 32 Chicago Park District such employes and policemen shall have 33 the right to enter as new employes and policemen. SB575 Engrossed -4- LRB9102339PTpk 1 (Source: Laws 1963, p. 147.) 2 (70 ILCS 1505/15e new) 3 Sec. l5e. Sale or other transfer and lease of real 4 estate. 5 (a) Any real estate owned or held by the Chicago Park 6 District not exceeding 3 acres in area may be sold or 7 otherwise transferred to any individual or entity, provided 8 that the board shall first have determined the sale or 9 transfer to be in the best interests of the district. Before 10 the sale or other transfer, a notice of the proposal to sell 11 shall be published once each week for 3 successive weeks in a 12 daily or weekly paper published in the City of Chicago or 13 County of Cook. The first publication may not be less than 30 14 days before the day provided in the notice for the opening of 15 bids for the real estate. The Chicago Park District may 16 accept the highest responsible bid or any other bid 17 determined to be in the best interest of the Chicago Park 18 District or may reject any and all bids by an affirmative 19 vote of at least 4 commissioners. 20 (b) Any real estate owned or held by the Chicago Park 21 District that exceeds 3 acres in area may be sold or 22 otherwise transferred to any individual or entity, provided 23 that the board shall first have determined the sale or 24 transfer to be in the best interests of the district and 25 provided that the sale or transfer shall first be approved by 26 the Circuit Court of Cook County. Before the sale or other 27 transfer, a notice of the proposal to sell shall be published 28 once each week for 3 successive weeks in a daily or weekly 29 paper published in the City of Chicago or County of Cook. 30 The first publication may not be less than 30 days before the 31 day provided in the notice for the opening of bids for the 32 real estate. The Chicago Park District may accept the highest 33 responsible bid or any other bid determined to be in the best SB575 Engrossed -5- LRB9102339PTpk 1 interest of the Chicago Park District or may reject any and 2 all bids by an affirmative vote of at least 4 commissioners. 3 (c) In addition to any other power provided in this 4 Section, the Chicago Park District may lease, sublease, 5 assign, or otherwise transfer less than a fee simple interest 6 in any real estate lands, riparian estates or rights, or 7 other property (including abandoned railroad rights-of-way) 8 to or from any person or persons, provided that the board 9 shall first have determined the lease, sublease, assignment, 10 other transfer of less than a fee simple interest to be in 11 the best interests of the district. The real estate may be 12 leased, subleased, assigned, or otherwise transferred to or 13 from any person or persons for any consideration acceptable 14 to the Chicago Park District. The term of the lease, 15 sublease, assignment, or other transfer may not exceed 99 16 years. 17 (d) The exemption from property taxes for park district 18 property shall not be affected by any transaction in which, 19 for the purpose of obtaining financing, a park district, 20 directly or indirectly, leases or otherwise transfers the 21 property to another whose property is not exempt and 22 immediately thereafter enters into a leaseback or other 23 agreement that, directly or indirectly, gives the park 24 district a right to use, control, and possess the property. 25 In the case of a conveyance of the property, the park 26 district must retain an option to purchase the property at a 27 future date or, within the limitations period for reverters, 28 the property must revert back to the park district. 29 (e) If the property has been conveyed as described in 30 subsection (d), the property will no longer be exempt 31 pursuant to this Section as of the date when: 32 (1) the right of the park district to use, control, 33 and possess the property has been terminated; 34 (2) the park district no longer has an option to SB575 Engrossed -6- LRB9102339PTpk 1 purchase or otherwise acquire the property; and 2 (3) there is no provision for a reverter of the 3 property to the park district within the limitations 4 period for reverters. 5 (f) Pursuant to Sections 15-15 and 15-20 of the Property 6 Tax Code, the park district shall notify the chief county 7 assessment officer of any transaction under subsection (d) of 8 this Section. The chief county assessment officer shall 9 determine initial and continuing compliance with the 10 requirements of this Section for tax exemption. Failure to 11 notify the chief county assessment officer of a transaction 12 under this Section or to otherwise comply with the 13 requirements of Sections 15-15 and 15-20 of the Property Tax 14 Code shall, in the discretion of the chief county assessment 15 officer, constitute cause to terminate the exemption, 16 notwithstanding any other provision of this Code. 17 (g) No provision of this Section shall be construed to 18 affect the obligation of the park district to which an 19 exemption certificate has been issued under this Section from 20 its obligation under Section 15-10 of the Property Tax Code 21 to file an annual certificate of status or to notify the 22 chief county assessment officer of transfers of interest or 23 other changes in the status of the property as required by 24 the Property Tax Code. 25 (h) The changes made by this amendatory Act of the 91st 26 General Assembly are declarative of existing law and shall 27 not be construed as a new enactment. 28 (70 ILCS 1505/16a) (from Ch. 105, par. 333.16a) 29 Sec. 16a. Personnel code. 30 (a) Notwithstanding the provisions of the Park System 31 Civil Service Act or the provisions of any other law, the 32 board of commissioners by ordinance may establish a personnel 33 code for the Chicago Park District creating a system of SB575 Engrossed -7- LRB9102339PTpk 1 personnel administration based on merit principles and 2 scientific methods. 3 (b) The passage by the board of commissioners of a 4 personnel code that complies with the provisions of this 5 Section shall suspend the applicability to the Chicago Park 6 District of the Park System Civil Service Act. That Act shall 7 again become applicable to the Chicago Park District 8 immediately upon the repeal by the board of commissioners of 9 the personnel code or of any provision of that Code that is 10 required by this Section. 11 (c) Any personnel code passed by the board of 12 commissioners under the authority of this Section shall 13 contain provisions necessary to create a personnel system 14 based on merit principles and scientific methods and shall at 15 a minimum contain the following provisions: 16 (1) The code shall create the office of Director of 17 Human ResourcesSuperintendent of Employment. The 18 Director of Human ResourcesSuperintendent of Employment19 shall be a resident of the district and shall be 20 appointed by the board of commissioners. 21 (2) The code shall provide for a personnel board 22 consisting of 3 members. Two members shall be 23 commissioners and the third shall be the Director of 24 Human ResourcesSuperintendent of Employmentor the 25 person lawfully acting in that capacity. Terms for 26 members shall be prescribed by the personnel code. The 27 commissioner members of the personnel board shall serve 28 without compensation but shall be reimbursed for 29 necessary travel and other expenses. The personnel board 30 may administer oaths, subpoena witnesses, and compel the 31 production of books and papers pertinent to any hearing 32 authorized by this Section. Any circuit court, upon 33 application by the personnel board or any member of the 34 board, may, in its discretion, compel the attendance of SB575 Engrossed -8- LRB9102339PTpk 1 witnesses, the production of books and papers, and the 2 giving of testimony before the board or its hearing 3 officer in relation to a hearing. Any person who shall 4 refuse to comply with a lawfully served order to appear 5 or testify before the personnel board or its hearing 6 officer, or to produce books and papers relevant to the 7 hearing as commanded in a lawfully served subpoena, shall 8 be guilty of a Class B misdemeanor. Any person who, 9 having taken an oath or made affirmation before the board 10 or its hearing officer, knowingly swears or affirms 11 falsely is guilty of perjury and upon conviction shall be 12 punished accordingly. 13 (3) The code shall subject all positions of 14 employment in the Park District to the jurisdiction of 15 the personnel board, with the exception of offices or 16 high-ranking senior executive positions, confidential 17 positions, or special program positions that cannot be 18 subject to career service due to program requirements. 19 The board of commissioners shall, by resolution, 20 specifically exempt those offices or positions from the 21 jurisdiction of the personnel board. 22 (4) The substantive provisions of the code shall 23 provide, at a minimum, for the following: 24 (A) With the exceptions listed below, all 25 vacancies in positions of employment subject to the 26 jurisdiction of the personnel board shall be filled 27 only after providing reasonable public notice of the 28 vacancy and inviting those who meet the published 29 minimum requirements for the position as further 30 provided in this Section to apply for it. The 31 district shall specify in the announcement of the 32 vacancy the minimum requirements necessary to be 33 considered for the position, as contained in the 34 official position description for the position. The SB575 Engrossed -9- LRB9102339PTpk 1 district shall specify in the announcement of the 2 vacancy whether competition for the vacancy is open 3 to non-employees of the district, or to employees of 4 the district, or to both. The district may dispense 5 with this requirement of public announcement when a 6 vacancy, for reasons promoting the efficiency of the 7 district service, is to be filled by demotion, 8 recall from layoff or leave of absence, or lateral 9 transfer of an employee; or as the result of a 10 lawful order of a court, arbitrator, or 11 administrative agency; or as the result of a bona 12 fide settlement of a legal claim; or in accordance 13 with the provisions of this Section governing 14 emergency appointments; or as a result of a 15 reclassification of an employee's job title made in 16 accordance with rules prescribed by the district for 17 correcting misclassifications; or as the result of a 18 need to correct or avoid violations of any ethics 19 ordinance of the district. 20 (B) All vacancies that have been publicly 21 announced in accordance with the provisions of 22 subparagraph (A) of this paragraph (4) shall 23 thereafter be filled by a competitive evaluation of 24 the relative qualifications of those who apply for 25 it. Any method of evaluation shall be reasonably 26 designed to select candidates on the basis of 27 job-related criteria. The personnel board shall 28 prescribe by rule the various methods of evaluation 29 that may be used. The public announcement of the 30 vacancy shall specify the method that will be used 31 for the particular vacancy. The Director of Human 32 ResourcesSuperintendent of Employmentshall 33 document the process of conducting each competitive 34 evaluation for each vacancy in sufficient detail SB575 Engrossed -10- LRB9102339PTpk 1 that the personnel board may determine the process 2 by which, and the basis on which, the person 3 selected to fill the vacancy was selected. 4 (C) The district, where it determines that it 5 is in the interest of the efficiency of the service, 6 may specify reasonable lines of promotion or "career 7 ladder" progressions grouping related positions. The 8 district may, in its discretion, restrict 9 competition for a particular vacancy (i) to existing 10 employees who seek promotion to that vacancy from 11 the position class at the next lower step in the 12 relevant line of promotion or career ladder 13 progression or (ii) if there is no such lower step, 14 to existing employees seeking promotion from a 15 particular job classification or classifications 16 whose duties are reasonably related to the duties of 17 the vacancy being filled. No restriction of 18 competition for a vacancy to be filled by promotion 19 shall be applied unless the line of promotion or 20 similar restriction has first been approved by the 21 personnel board. 22 (D) Persons appointed to a position of 23 permanent employment shall acquire "career service" 24 status following successful completion of a 6-month 25 period of probation. 26 (E) The district may prescribe reasonable 27 rules that extend appropriate preference in filling 28 vacancies to qualified persons who have been members 29 of the armed forces of the United States in time of 30 hostilities with a foreign country or to qualified 31 persons who, while citizens of the United States, 32 were members of the armed forces of allies of the 33 United States in time of hostilities with a foreign 34 country. A "time of hostilities with a foreign SB575 Engrossed -11- LRB9102339PTpk 1 country" means the period of time from December 7, 2 1941, to December 31, 1945, and from June 27, 1950, 3 to December 31, 1976 and during any other period 4 prescribed by the Board of Commissioners to take 5 account of periods in which the armed forces were 6 subjected to the risks of hostilities with a foreign 7 country. To qualify for this preference, a person 8 must have served in the armed forces for at least 6 9 months, been discharged on the ground of hardship, 10 or been released from active duty because of a 11 service-connected disability; the person must not 12 have received a dishonorable discharge. 13 (F) The district may make emergency 14 appointments without public announcement or 15 competition where immediate appointment is required 16 for reasons of the security or safety of the public 17 or of the district's property. Emergency 18 appointments shall be immediately reported to the 19 personnel board, which may disapprove them and order 20 them ended. No emergency appointment may last more 21 than 30 days, and no emergency appointment shall be 22 renewed. 23 (G) The district may make temporary 24 appointments to positions in which it is determined 25 by the personnel board that the continuous services 26 of the employee will be needed for less than 12 27 months. Appointments shall be made by public 28 announcement and competitive methods as provided in 29 subparagraph (A) of this paragraph (4), but the 30 employee thus appointed shall not acquire career 31 service status during the period of his or her 32 temporary appointment. 33 (H) The district may transfer employees 34 without competitive procedures from a position to a SB575 Engrossed -12- LRB9102339PTpk 1 similar position involving similar qualifications, 2 duties, responsibilities, and salary ranges. 3 (I) The district may make layoffs by reason of 4 lack of funds or work, abolition of a position, or 5 material change in duties or organization. The 6 personnel code may provide for reemployment of 7 employees so laid off, giving consideration in both 8 layoffs and reemployment to performance record, 9 seniority in service, and impact on achieving equal 10 employment opportunity goals. 11 (J) Any employee with career service status 12 shall be discharged or suspended without pay for 13 more than 30 days only for cause and only upon 14 written charges for the discharge or suspension. The 15 employee shall have an opportunity to appeal the 16 action to the personnel board and to receive a 17 hearing before the personnel board or a hearing 18 officer appointed by it. The district may suspend, 19 without pay, the charged employee pending a hearing 20 and determination of an appeal by the personnel 21 board. All final administrative decisions by the 22 personnel board discharging or suspending, for more 23 than 30 days, an employee with career service status 24 are subject to judicial review under the 25 Administrative Review Law. 26 (K) The district shall extend, to persons who 27 are working in a position in which they lawfully 28 acquired civil service status by virtue of being 29 examined under the Park System Civil Service Act, 30 career service status in that position without 31 further examination. 32 (L) In filling any position subject to the 33 jurisdiction of the personnel board and not exempted 34 under paragraph (3) of subsection (c), the district SB575 Engrossed -13- LRB9102339PTpk 1 shall take no account, whether favorably or 2 unfavorably, of any candidate's political 3 affiliation, political preferences or views, or 4 service to any political party or organization. The 5 district shall maintain procedures through which 6 employees may complain of violations of this 7 prohibition and through which any established 8 violation may be corrected. 9 (M) The district shall provide, by rule of the 10 personnel board, by collective bargaining agreements 11 with the appropriate collective bargaining 12 representatives, or both, for continued recognition 13 of any right acquired on or before the effective 14 date of this amendatory Act of 1991 by an employee 15 of the district to be employed or reemployed, as the 16 result of a layoff or a recall, in a position in 17 which the employee previously held civil service 18 status. Those previously acquired rights may be 19 modified by mutual agreement between the district 20 and the appropriate collective bargaining 21 representative. 22 (N) The code shall provide that in filling 23 vacancies, the district will follow the provisions 24 of any lawful affirmative action plan approved by 25 the board of commissioners. 26 (O) The code shall set forth specific 27 standards of employee performance that all district 28 employees shall be required to follow. 29 (5) The code shall provide for the preparation, 30 maintenance, and revision by the personnel board of a 31 position classification plan for all positions of 32 employment within the district, based on similarity of 33 duties performed, responsibilities assigned, and 34 conditions of employment, so that the same schedule of SB575 Engrossed -14- LRB9102339PTpk 1 pay may be equitably applied to all positions in the same 2 class. Every class of positions shall have a position 3 description approved by the personnel board, specifying 4 the duties expected of the occupant of the position, the 5 minimum requirements of education, training, or 6 experience required for the position, and any other 7 information the personnel board by rule may prescribe for 8 inclusion in the position descriptions. No position 9 shall be filled, and no salary or other remuneration paid 10 to an occupant of a position, until the position has been 11 incorporated by the personnel board into the position 12 classification plan. 13 (6) The code shall provide for the preparation, 14 maintenance, and revision of a pay plan. The pay plan 15 shall be approved, and all revisions to it shall be 16 approved, by the board of commissioners. The pay plan 17 shall assign rates of pay to each position within the 18 approved position classification plan of the district. 19 No salary for any position of employment in the district 20 shall be paid unless and until that position has been 21 lawfully included in the pay plan. Nothing in this 22 Section shall relieve the district from the obligation to 23 bargain over rates of pay under the Illinois Public Labor 24 Relations Act or any other statute that regulates the 25 labor relations of the district. 26 (7) The code shall provide that no disbursing or 27 auditing officer of the district shall make or approve 28 any payment for personal service to any person holding a 29 position in the service of the district unless the 30 payroll voucher or account of the payment bears the 31 certification of the Director of Human Resources 32Superintendent of Employmentthat each person named 33 therein has been appointed and employed in accordance 34 with the provisions of the personnel code and the SB575 Engrossed -15- LRB9102339PTpk 1 provisions of this Section. The certification shall be 2 based either upon verification of the individual items in 3 each payroll period or upon procedures developed for 4 avoiding unnecessary repetitive verification when other 5 evidence of compliance with applicable laws and rules is 6 available. The procedures may be based either upon a 7 continuation of payroll preparation by individual 8 departments or upon the use of a central payroll 9 preparation unit. The Director of Human Resources 10Superintendent of Employmentshall furnish the personnel 11 board with a copy of each payroll as certified. 12 (Source: P.A. 87-354; 87-895.) 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.