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91_SB1425
LRB9111447MWpc
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 as follows:
6 (70 ILCS 1505/3) (from Ch. 105, par. 333.3)
7 Sec. 3. Commissioners; corporate body. There shall be 7
8 commissioners of the Chicago Park District. Within 30 days
9 after the effective date of this amendatory Act of 1988 the
10 Mayor of the City of Chicago, with the approval of the City
11 Council, shall appoint the 2 additional commissioners of the
12 Chicago Park District authorized by this amendatory Act of
13 1988, one to serve a term ending June 30, 1992, and the other
14 to serve a term ending June 30, 1993, as designated by the
15 Mayor. The 5 commissioners holding office on the effective
16 date of this amendatory Act of 1988 shall continue in office
17 until his or her term otherwise ends.
18 Annually in the same manner as the original appointments
19 are made, a commissioner shall be appointed to succeed each
20 commissioner whose term then expires to serve for a term of 5
21 years and until his or her successor is appointed and
22 qualified. Vacancies in the office of commissioner shall be
23 filled by appointment by the mayor with the approval of the
24 City Council.
25 Each commissioner shall be a legal voter of and reside
26 within the district and before entering upon the duties of
27 his or her office shall take and subscribe an oath to
28 faithfully discharge his or her duties as commissioner. Each
29 commissioner shall be required to post a bond in the sum of
30 $50,000 for the use and benefit of the district subject to
31 the approval of the Circuit Court of Cook County with whom
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1 such bond shall be posted.
2 In performing their functions as commissioners for the
3 Chicago Park District, the commissioners are subject to the
4 Public Officer Prohibited Activities Act. It shall be a petty
5 offense for any commissioner to be directly or indirectly
6 pecuniarily interested in any contract or work of any kind
7 whatever connected with said park district, and any contract
8 in which any commissioners shall be directly or indirectly
9 interested shall be null and void.
10 From the time of the beginning of the term of the first
11 commissioners, the Chicago Park District shall constitute a
12 body politic and corporate and by such name and style may sue
13 and be sued, contract and be contracted with, acquire and
14 hold real property necessary for corporate purposes, and
15 adopt a common seal and alter the same at pleasure.
16 (Source: P.A. 85-1411.)
17 (70 ILCS 1505/5) (from Ch. 105, par. 333.5)
18 Sec. 5. General superintendent; Director of Human
19 Resources. The commissioners of the Chicago Park District
20 shall appoint a general superintendent. Such superintendent
21 shall be chosen without regard to his or her political
22 affiliations and upon the sole basis of his or her
23 administrative and technical qualifications to manage the
24 affairs of the district. He or she shall be a citizen of the
25 United States and a resident of the district.
26 Notwithstanding anything to the contrary in Section 2 of
27 the Park System Civil Service Act "An Act relating to the
28 civil service in park systems", approved June 10, 1911, as
29 now or hereafter amended, or any other law, the commissioners
30 shall appoint a Director of Human Resources superintendent of
31 employment. The Director of Human Resources superintendent
32 of employment shall be a citizen of the United States and a
33 resident of the district.
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1 (Source: P.A. 85-1411.)
2 (70 ILCS 1505/14) (from Ch. 105, par. 333.14)
3 Sec. 14. Civil service. The Park System Civil Service
4 Act "An Act relating to the civil service in park systems",
5 approved June 10, 1911, as amended, shall apply to the
6 Chicago Park District, and upon the coming into effect of
7 this act there shall be appointed but one Director of Human
8 Resources superintendent of employment and but one civil
9 service board for such district.
10 Every officer and employe in the classified civil service
11 at the time this Act takes effect shall be assigned to a
12 position having, so far as possible, duties equivalent to his
13 former office or employment, and such officers and employes
14 shall have the same standing, grade, and privilege which they
15 respectively had in the districts from which they were
16 transferred, subject, however, to existing and future civil
17 service laws. This Section shall not be construed to require
18 the retention of more officers and employes than are
19 necessary to the proper performance of the functions of the
20 Chicago Park District and the rules of the civil service
21 board made in pursuance of the civil service law shall
22 control in the making of layoffs and reinstatements of such
23 officers and employes as are not necessary to be retained.
24 This act shall in no way be construed to affect the operation
25 of Article 5 or Article 12 of the "Illinois Pension Code" as
26 the same may from time to time be amended, nor to affect the
27 rights of employees to pensions or annuities nor any taxes
28 authorized to be levied therefor. In the case of employes and
29 policemen of superseded park districts not having annuity
30 benefit funds retained as employes or policemen of the
31 Chicago Park District such employes and policemen shall have
32 the right to enter as new employes and policemen.
33 (Source: Laws 1963, p. 147.)
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1 (70 ILCS 1505/16a) (from Ch. 105, par. 333.16a)
2 Sec. 16a. Personnel code.
3 (a) Notwithstanding the provisions of the Park System
4 Civil Service Act or the provisions of any other law, the
5 board of commissioners by ordinance may establish a personnel
6 code for the Chicago Park District creating a system of
7 personnel administration based on merit principles and
8 scientific methods.
9 (b) The passage by the board of commissioners of a
10 personnel code that complies with the provisions of this
11 Section shall suspend the applicability to the Chicago Park
12 District of the Park System Civil Service Act. That Act shall
13 again become applicable to the Chicago Park District
14 immediately upon the repeal by the board of commissioners of
15 the personnel code or of any provision of that Code that is
16 required by this Section.
17 (c) Any personnel code passed by the board of
18 commissioners under the authority of this Section shall
19 contain provisions necessary to create a personnel system
20 based on merit principles and scientific methods and shall at
21 a minimum contain the following provisions:
22 (1) The code shall create the office of Director of
23 Human Resources Superintendent of Employment. The
24 Director of Human Resources Superintendent of Employment
25 shall be a resident of the district and shall be
26 appointed by the board of commissioners.
27 (2) The code shall provide for a personnel board
28 consisting of 3 members. Two members shall be
29 commissioners and the third shall be the Director of
30 Human Resources Superintendent of Employment or the
31 person lawfully acting in that capacity. Terms for
32 members shall be prescribed by the personnel code. The
33 commissioner members of the personnel board shall serve
34 without compensation but shall be reimbursed for
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1 necessary travel and other expenses. The personnel board
2 may administer oaths, subpoena witnesses, and compel the
3 production of books and papers pertinent to any hearing
4 authorized by this Section. Any circuit court, upon
5 application by the personnel board or any member of the
6 board, may, in its discretion, compel the attendance of
7 witnesses, the production of books and papers, and the
8 giving of testimony before the board or its hearing
9 officer in relation to a hearing. Any person who shall
10 refuse to comply with a lawfully served order to appear
11 or testify before the personnel board or its hearing
12 officer, or to produce books and papers relevant to the
13 hearing as commanded in a lawfully served subpoena, shall
14 be guilty of a Class B misdemeanor. Any person who,
15 having taken an oath or made affirmation before the board
16 or its hearing officer, knowingly swears or affirms
17 falsely is guilty of perjury and upon conviction shall be
18 punished accordingly.
19 (3) The code shall subject all positions of
20 employment in the Park District to the jurisdiction of
21 the personnel board, with the exception of offices or
22 high-ranking senior executive positions, confidential
23 positions, or special program positions that cannot be
24 subject to career service due to program requirements.
25 The board of commissioners shall, by resolution,
26 specifically exempt those offices or positions from the
27 jurisdiction of the personnel board.
28 (4) The substantive provisions of the code shall
29 provide, at a minimum, for the following:
30 (A) With the exceptions listed below, all
31 vacancies in positions of employment subject to the
32 jurisdiction of the personnel board shall be filled
33 only after providing reasonable public notice of the
34 vacancy and inviting those who meet the published
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1 minimum requirements for the position as further
2 provided in this Section to apply for it. The
3 district shall specify in the announcement of the
4 vacancy the minimum requirements necessary to be
5 considered for the position, as contained in the
6 official position description for the position. The
7 district shall specify in the announcement of the
8 vacancy whether competition for the vacancy is open
9 to non-employees of the district, or to employees of
10 the district, or to both. The district may dispense
11 with this requirement of public announcement when a
12 vacancy, for reasons promoting the efficiency of the
13 district service, is to be filled by demotion,
14 recall from layoff or leave of absence, or lateral
15 transfer of an employee; or as the result of a
16 lawful order of a court, arbitrator, or
17 administrative agency; or as the result of a bona
18 fide settlement of a legal claim; or in accordance
19 with the provisions of this Section governing
20 emergency appointments; or as a result of a
21 reclassification of an employee's job title made in
22 accordance with rules prescribed by the district for
23 correcting misclassifications; or as the result of a
24 need to correct or avoid violations of any ethics
25 ordinance of the district.
26 (B) All vacancies that have been publicly
27 announced in accordance with the provisions of
28 subparagraph (A) of this paragraph (4) shall
29 thereafter be filled by a competitive evaluation of
30 the relative qualifications of those who apply for
31 it. Any method of evaluation shall be reasonably
32 designed to select candidates on the basis of
33 job-related criteria. The personnel board shall
34 prescribe by rule the various methods of evaluation
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1 that may be used. The public announcement of the
2 vacancy shall specify the method that will be used
3 for the particular vacancy. The Director of Human
4 Resources Superintendent of Employment shall
5 document the process of conducting each competitive
6 evaluation for each vacancy in sufficient detail
7 that the personnel board may determine the process
8 by which, and the basis on which, the person
9 selected to fill the vacancy was selected.
10 (C) The district, where it determines that it
11 is in the interest of the efficiency of the service,
12 may specify reasonable lines of promotion or "career
13 ladder" progressions grouping related positions. The
14 district may, in its discretion, restrict
15 competition for a particular vacancy (i) to existing
16 employees who seek promotion to that vacancy from
17 the position class at the next lower step in the
18 relevant line of promotion or career ladder
19 progression or (ii) if there is no such lower step,
20 to existing employees seeking promotion from a
21 particular job classification or classifications
22 whose duties are reasonably related to the duties of
23 the vacancy being filled. No restriction of
24 competition for a vacancy to be filled by promotion
25 shall be applied unless the line of promotion or
26 similar restriction has first been approved by the
27 personnel board.
28 (D) Persons appointed to a position of
29 permanent employment shall acquire "career service"
30 status following successful completion of a 6-month
31 period of probation.
32 (E) The district may prescribe reasonable
33 rules that extend appropriate preference in filling
34 vacancies to qualified persons who have been members
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1 of the armed forces of the United States in time of
2 hostilities with a foreign country or to qualified
3 persons who, while citizens of the United States,
4 were members of the armed forces of allies of the
5 United States in time of hostilities with a foreign
6 country. A "time of hostilities with a foreign
7 country" means the period of time from December 7,
8 1941, to December 31, 1945, and from June 27, 1950,
9 to December 31, 1976 and during any other period
10 prescribed by the Board of Commissioners to take
11 account of periods in which the armed forces were
12 subjected to the risks of hostilities with a foreign
13 country. To qualify for this preference, a person
14 must have served in the armed forces for at least 6
15 months, been discharged on the ground of hardship,
16 or been released from active duty because of a
17 service-connected disability; the person must not
18 have received a dishonorable discharge.
19 (F) The district may make emergency
20 appointments without public announcement or
21 competition where immediate appointment is required
22 for reasons of the security or safety of the public
23 or of the district's property. Emergency
24 appointments shall be immediately reported to the
25 personnel board, which may disapprove them and order
26 them ended. No emergency appointment may last more
27 than 30 days, and no emergency appointment shall be
28 renewed.
29 (G) The district may make temporary
30 appointments to positions in which it is determined
31 by the personnel board that the continuous services
32 of the employee will be needed for less than 12
33 months. Appointments shall be made by public
34 announcement and competitive methods as provided in
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1 subparagraph (A) of this paragraph (4), but the
2 employee thus appointed shall not acquire career
3 service status during the period of his or her
4 temporary appointment.
5 (H) The district may transfer employees
6 without competitive procedures from a position to a
7 similar position involving similar qualifications,
8 duties, responsibilities, and salary ranges.
9 (I) The district may make layoffs by reason of
10 lack of funds or work, abolition of a position, or
11 material change in duties or organization. The
12 personnel code may provide for reemployment of
13 employees so laid off, giving consideration in both
14 layoffs and reemployment to performance record,
15 seniority in service, and impact on achieving equal
16 employment opportunity goals.
17 (J) Any employee with career service status
18 shall be discharged or suspended without pay for
19 more than 30 days only for cause and only upon
20 written charges for the discharge or suspension. The
21 employee shall have an opportunity to appeal the
22 action to the personnel board and to receive a
23 hearing before the personnel board or a hearing
24 officer appointed by it. The district may suspend,
25 without pay, the charged employee pending a hearing
26 and determination of an appeal by the personnel
27 board. All final administrative decisions by the
28 personnel board discharging or suspending, for more
29 than 30 days, an employee with career service status
30 are subject to judicial review under the
31 Administrative Review Law.
32 (K) The district shall extend, to persons who
33 are working in a position in which they lawfully
34 acquired civil service status by virtue of being
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1 examined under the Park System Civil Service Act,
2 career service status in that position without
3 further examination.
4 (L) In filling any position subject to the
5 jurisdiction of the personnel board and not exempted
6 under paragraph (3) of subsection (c), the district
7 shall take no account, whether favorably or
8 unfavorably, of any candidate's political
9 affiliation, political preferences or views, or
10 service to any political party or organization. The
11 district shall maintain procedures through which
12 employees may complain of violations of this
13 prohibition and through which any established
14 violation may be corrected.
15 (M) The district shall provide, by rule of the
16 personnel board, by collective bargaining agreements
17 with the appropriate collective bargaining
18 representatives, or both, for continued recognition
19 of any right acquired on or before the effective
20 date of this amendatory Act of 1991 by an employee
21 of the district to be employed or reemployed, as the
22 result of a layoff or a recall, in a position in
23 which the employee previously held civil service
24 status. Those previously acquired rights may be
25 modified by mutual agreement between the district
26 and the appropriate collective bargaining
27 representative.
28 (N) The code shall provide that in filling
29 vacancies, the district will follow the provisions
30 of any lawful affirmative action plan approved by
31 the board of commissioners.
32 (O) The code shall set forth specific
33 standards of employee performance that all district
34 employees shall be required to follow.
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1 (5) The code shall provide for the preparation,
2 maintenance, and revision by the personnel board of a
3 position classification plan for all positions of
4 employment within the district, based on similarity of
5 duties performed, responsibilities assigned, and
6 conditions of employment, so that the same schedule of
7 pay may be equitably applied to all positions in the same
8 class. Every class of positions shall have a position
9 description approved by the personnel board, specifying
10 the duties expected of the occupant of the position, the
11 minimum requirements of education, training, or
12 experience required for the position, and any other
13 information the personnel board by rule may prescribe for
14 inclusion in the position descriptions. No position
15 shall be filled, and no salary or other remuneration paid
16 to an occupant of a position, until the position has been
17 incorporated by the personnel board into the position
18 classification plan.
19 (6) The code shall provide for the preparation,
20 maintenance, and revision of a pay plan. The pay plan
21 shall be approved, and all revisions to it shall be
22 approved, by the board of commissioners. The pay plan
23 shall assign rates of pay to each position within the
24 approved position classification plan of the district.
25 No salary for any position of employment in the district
26 shall be paid unless and until that position has been
27 lawfully included in the pay plan. Nothing in this
28 Section shall relieve the district from the obligation to
29 bargain over rates of pay under the Illinois Public Labor
30 Relations Act or any other statute that regulates the
31 labor relations of the district.
32 (7) The code shall provide that no disbursing or
33 auditing officer of the district shall make or approve
34 any payment for personal service to any person holding a
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1 position in the service of the district unless the
2 payroll voucher or account of the payment bears the
3 certification of the Director of Human Resources
4 Superintendent of Employment that each person named
5 therein has been appointed and employed in accordance
6 with the provisions of the personnel code and the
7 provisions of this Section. The certification shall be
8 based either upon verification of the individual items in
9 each payroll period or upon procedures developed for
10 avoiding unnecessary repetitive verification when other
11 evidence of compliance with applicable laws and rules is
12 available. The procedures may be based either upon a
13 continuation of payroll preparation by individual
14 departments or upon the use of a central payroll
15 preparation unit. The Director of Human Resources
16 Superintendent of Employment shall furnish the personnel
17 board with a copy of each payroll as certified.
18 (Source: P.A. 87-354; 87-895.)
19 Section 99. Effective date. This Act takes effect upon
20 becoming law.