State of Illinois
91st General Assembly
Legislation

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91_SB1289

 
                                               LRB9109669EGfg

 1        AN  ACT  to  amend  the  Metropolitan  Water  Reclamation
 2    District Act by changing Section 4.

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

 5        Section 5.  The Metropolitan Water  Reclamation  District
 6    Act is amended by changing Section 4 as follows:

 7        (70 ILCS 2605/4) (from Ch. 42, par. 323)
 8        Sec.   4.  The   commissioners  elected  under  this  Act
 9    constitute a board of commissioners for the district by which
10    they  are  elected,  which  board  of  commissioners  is  the
11    corporate  authority  of  the  sanitary  district,  and,   in
12    addition  to  all  other  powers specified in this Act, shall
13    establish the policies and goals of  the  sanitary  district.
14    The  general  superintendent, in addition to all other powers
15    specified in this Act,  shall  manage  and  control  all  the
16    affairs  and  property  of  the  sanitary  district and shall
17    regularly  report  to  the  Board  of  Commissioners  on  the
18    activities of the sanitary district in executing the policies
19    and  goals  established  by  the  board.   At  the  regularly
20    scheduled  meeting  of  odd  numbered  years  following   the
21    induction  of  new  commissioners  the board of commissioners
22    shall  elect  from  its  own  number  a   president   and   a
23    vice-president  to serve in the absence of the president, and
24    the chairman of the committee on  finance.  The  board  shall
25    provide  by  rule  when a vacancy occurs in the office of the
26    president, vice-president, or the chairman of  the  committee
27    on finance and the manner of filling such vacancy.
28        The  board  shall appoint from outside its own number the
29    general superintendent and treasurer for the district.
30        The general superintendent must  be  a  resident  of  the
31    sanitary  district  and  a  citizen of the United States.  He
 
                            -2-                LRB9109669EGfg
 1    must be selected solely upon his administrative and technical
 2    qualifications  and   without   regard   to   his   political
 3    affiliations.
 4        In the event of illness or other prolonged absence, death
 5    or  resignation  creating  a  vacancy  in  the  office of the
 6    general  superintendent,   or   treasurer,   the   board   of
 7    commissioners  may appoint an acting officer from outside its
 8    own number, to perform the duties and responsibilities of the
 9    office during the term of the absence or vacancy.
10        The general superintendent with the advice and consent of
11    the board of commissioners, shall appoint the chief engineer,
12    chief of maintenance and operations, director  of  personnel,
13    purchasing  agent,  clerk, attorney, director of research and
14    development, and director of information technology.    These
15    constitute  the  heads  of  the  Department  of  Engineering,
16    Maintenance  and  Operations, Personnel, Purchasing, Finance,
17    Law, Research and Development,  and  Information  Technology,
18    respectively.   No  other departments or heads of departments
19    may be created without subsequent amendment to this Act.  All
20    such department heads are under the direct supervision of the
21    general superintendent.
22        The director of personnel must be qualified under Section
23    4.2a of this Act.
24        The purchasing agent must be selected in accordance  with
25    Section 11.16 of this Act.
26        In the event of illness or other prolonged absence, death
27    or  resignation  creating  a  vacancy  in the office of chief
28    engineer, chief of maintenance and  operations,  director  of
29    personnel,  purchasing  agent,  clerk,  attorney, director of
30    research  and  development,  or   director   of   information
31    technology,  the  general  superintendent  shall  appoint  an
32    acting  officer to perform the duties and responsibilities of
33    the office during the term of the absence  or  vacancy.   Any
34    such  officers  appointed in an acting capacity are under the
 
                            -3-                LRB9109669EGfg
 1    direct supervision of the general superintendent.
 2        All appointive officers and acting  officers  shall  give
 3    bond as may be required by the board.
 4        The  general  superintendent,  treasurer,  acting general
 5    superintendent and acting treasurer hold their offices at the
 6    pleasure of the board of commissioners.
 7        The acting chief engineer, acting  chief  of  maintenance
 8    and  operations,  acting purchasing agent, acting director of
 9    personnel, acting clerk, acting attorney, acting director  of
10    research  and development, and acting director of information
11    technology hold their offices at the pleasure of the  general
12    superintendent.
13        The  chief engineer, chief of maintenance and operations,
14    director of personnel,  purchasing  agent,  clerk,  attorney,
15    director   of  research  and  development,  and  director  of
16    information technology may be removed from office  for  cause
17    by  the  general  superintendent.   Prior  to  removal,  such
18    officers  are entitled to a public hearing before the general
19    superintendent at which hearing they may  be  represented  by
20    counsel.   Before  the  hearing,  the  general superintendent
21    shall notify the board of commissioners of  the  date,  time,
22    place and nature of the hearing.
23        In  addition  to  the  attorney  appointed by the general
24    superintendent, the board of commissioners may  appoint  from
25    outside  its  own  number  an attorney, or retain counsel, to
26    advise the board of commissioners with respect to its  powers
27    and duties and with respect to legal questions and matters of
28    policy for which the board of commissioners is responsible.
29        The  general  superintendent  is the chief administrative
30    officer  of  the  district,  has  supervision  over  and   is
31    responsible for all administrative and operational matters of
32    the  sanitary  district including the duties of all employees
33    which are  not  otherwise  designated  by  law,  and  is  the
34    appointing  authority  as  specified  in Section 4.11 of this
 
                            -4-                LRB9109669EGfg
 1    Act.
 2        The board, through the  budget  process,  shall  fix  the
 3    compensation  of  all  the  officers  and  employees  of  the
 4    sanitary district.
 5        The  compensation  of board members shall be fixed by the
 6    board, with the affirmative vote  of  at  least  2/3  of  the
 7    members, subject to the following:
 8             (1)  The  board  may provide additional compensation
 9        for its president, its vice president, and  the  chairman
10        of the committee on finance.
11             (2)  The  board may include an annual cost of living
12        adjustment effective each July 1.   The  cost  of  living
13        adjustment  shall  equal the lesser of 5% of the member's
14        or officer's salary or the cost of living index known  as
15        the  "Employment  Cost  Index,  Wages  and  Salaries,  by
16        Occupation   and   Industry   Group:    State  and  Local
17        Government Workers:  Public Administration", as published
18        by the United States Department of Labor, Bureau of Labor
19        Statistics, applicable for the calendar year  immediately
20        preceding  the  calendar  year  in  which  the  July  1st
21        increase is scheduled.
22             (3)  In  fixing  compensation,  the  board  may  not
23        increase  a member's or officer's salary by more than the
24        amount of the net increase, if any, that has occurred  in
25        the  cost  of  living index known as the "Employment Cost
26        Index, Wages and Salaries,  by  Occupation  and  Industry
27        Group:   State  and  Local  Government  Workers:   Public
28        Administration",   as  published  by  the  United  States
29        Department of Labor, Bureau of  Labor  Statistics,  since
30        the rate of compensation was last adjusted.
31        Any  incumbent  of the office of president may appoint an
32    administrative  aide,  which  appointment  remains  in  force
33    during his incumbency unless revoked by the president.
34        Effective upon the  election  in  January,  1985  of  the
 
                            -5-                LRB9109669EGfg
 1    president  and  vice-president  of the board of commissioners
 2    and the chairman of the  committee  on  finance,  the  annual
 3    salary  of  the  president  shall  be  $37,500  and  shall be
 4    increased to $39,500 in January, 1987,  $41,500  in  January,
 5    1989,  and $50,000 in January, 1991; the annual salary of the
 6    vice-president shall be $35,000  and shall  be  increased  to
 7    $37,000  in  January,  1987,  $39,000  in  January,  1989 and
 8    $45,000 in January, 1991; the annual salary  of the  chairman
 9    of  the  committee  on  finance shall be $32,500 and shall be
10    increased to $34,500 in January, 1987,  $36,500  in  January,
11    1989 and $45,000 in January, 1991.
12        The  annual  salaries  of  the other members of the Board
13    shall be as follows:
14        For the three members elected in November, 1980,  $26,500
15    per  annum  for  the first two years of the term; $28,000 per
16    annum for the next two years of  the  term  and  $30,000  per
17    annum for the last two years.
18        For  the three members elected in November, 1982, $28,000
19    per annum for the first two years of the term and $30,000 per
20    annum thereafter.
21        For members elected in November, 1984, $30,000 per annum.
22        For the three members elected in November, 1986,  $32,000
23    for each of the first two years of the term, $34,000 for each
24    of the next two years and $36,000 for the last two years;
25        For  three members elected in November, 1988, $34,000 for
26    each of the first two years of the term and $36,000 for  each
27    year thereafter.
28        For  members  elected  in  November,  1990 or thereafter,
29    $40,000.
30        The board of commissioners has full  power  to  pass  all
31    necessary   ordinances,   orders,   rules,   resolutions  and
32    regulations for the proper  management  and  conduct  of  the
33    business  of  the  board of commissioners and the corporation
34    and for  carrying  into  effect  the  object  for  which  the
 
                            -6-                LRB9109669EGfg
 1    sanitary  district is formed.  All ordinances, orders, rules,
 2    resolutions  and  regulations  passed   by   the   board   of
 3    commissioners  must,  before they take effect, be approved by
 4    the president of the board of commissioners.  If he  approves
 5    thereof,  he shall sign them, and such as he does not approve
 6    he shall return  to  the  board  of  commissioners  with  his
 7    objections  in  writing  at  the  next regular meeting of the
 8    board of commissioners occurring after the  passage  thereof.
 9    Such   veto   may   extend  to  any  one  or  more  items  or
10    appropriations  contained  in   any   ordinance   making   an
11    appropriation,  or  to  the  entire  ordinance.   If the veto
12    extends to a  part  of  such  ordinance,  the  residue  takes
13    effect.   If  the  president  of  such board of commissioners
14    fails to return any ordinance,  order,  rule,  resolution  or
15    regulation  with his objections thereto in the time required,
16    he is deemed  to  have  approved  it,  and  it  takes  effect
17    accordingly.   Upon the return of any ordinance, order, rule,
18    resolution, or regulation by the president, the vote by which
19    it  was  passed  must  be  reconsidered  by  the   board   of
20    commissioners, and if upon such reconsideration two-thirds of
21    all  the  members agree by yeas and nays to pass it, it takes
22    effect notwithstanding the  president's  refusal  to  approve
23    thereof.
24        It  is  the policy of this State that all powers granted,
25    either expressly or by necessary implication, by this Act  or
26    any  other  Illinois statute to the District may be exercised
27    by the District notwithstanding effects on competition. It is
28    the intention of the General Assembly that the "State  action
29    exemption"  to  the application of federal antitrust statutes
30    be  fully  available  to  the  District  to  the  extent  its
31    activities are authorized by law as stated herein.
32    (Source: P.A. 86-520; 87-1146.)

33        Section 99. Effective date.  This Act takes  effect  upon
 
                            -7-                LRB9109669EGfg
 1    becoming law.

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