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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. 34Effective upon the election in January, 1985 of the-5- LRB9109669EGfg 1president and vice-president of the board of commissioners2and the chairman of the committee on finance, the annual3salary of the president shall be $37,500 and shall be4increased to $39,500 in January, 1987, $41,500 in January,51989, and $50,000 in January, 1991; the annual salary of the6vice-president shall be $35,000 and shall be increased to7$37,000 in January, 1987, $39,000 in January, 1989 and8$45,000 in January, 1991; the annual salary of the chairman9of the committee on finance shall be $32,500 and shall be10increased to $34,500 in January, 1987, $36,500 in January,111989 and $45,000 in January, 1991.12The annual salaries of the other members of the Board13shall be as follows:14For the three members elected in November, 1980, $26,50015per annum for the first two years of the term; $28,000 per16annum for the next two years of the term and $30,000 per17annum for the last two years.18For the three members elected in November, 1982, $28,00019per annum for the first two years of the term and $30,000 per20annum thereafter.21For members elected in November, 1984, $30,000 per annum.22For the three members elected in November, 1986, $32,00023for each of the first two years of the term, $34,000 for each24of the next two years and $36,000 for the last two years;25For three members elected in November, 1988, $34,000 for26each of the first two years of the term and $36,000 for each27year thereafter.28For 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.