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91_SB1425eng SB1425 Engrossed LRB9111447MWpc 1 AN ACT concerning park districts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 3. The Park District Aquarium and Museum Act is 5 amended by changing Section 1 as follows: 6 (70 ILCS 1290/1) (from Ch. 105, par. 326) 7 Sec. 1. The corporate authorities of cities and park 8 districts having the control or supervision of any public 9 park or parks, are hereby authorized to purchase, erect and 10 maintain within any public park or parks under the control or 11 supervision of such corporate authorities, edifices to be 12 used as aquariums or as museums of art, industry, science or 13 natural or other history, or to permit the directors or 14 trustees of any corporation or society organized for the 15 construction or maintenance and operation of an aquarium or 16 museum as hereinabove described to erect, enlarge, ornament, 17 build, rebuild, rehabilitate, improve, maintain and operate 18 its aquarium or museum or museums within any public park now 19 or hereafter under the control or supervision of any city or 20 park district, and to contract with any such directors or 21 trustees of any such aquarium, museum or museums relative to 22 the erection, enlargement, ornamentation, building, 23 rebuilding, rehabilitation, improvement, maintenance and 24 operation thereof. Any city or park district may charge, or 25 permit such an aquarium or museum to charge, an admission 26 fee: Provided, that any such aquarium or museum shall be open 27 to the public without charge for a period equivalent to 52 28 days each yearat least one day each week, and, when 29 accompanied by a teacher, to the children in actual 30 attendance upon grades kindergarten through twelve in any of 31 the schools in this State at all times. Notwithstanding said SB1425 Engrossed -2- LRB9111447MWpc 1 provision, charges may be made at any time for special 2 services and for admission to special facilities within any 3 aquarium or museum for the education, entertainment or 4 convenience of visitors. The proceeds of such admission fees 5 and charges for special services and special facilities shall 6 be devoted exclusively to the purposes for which the tax 7 authorized by Section 2 hereof may be used. If any owner or 8 owners of any lands or lots abutting or fronting on any such 9 public park, or adjacent thereto, have any private right, 10 easement, interest or property in such public park 11 appurtenant to their lands or lots or otherwise, which would 12 be interfered with by the erection and maintenance of any 13 aquarium or museum as hereinbefore provided, or any right to 14 have such public park remain open or vacant and free from 15 buildings, the corporate authorities of the city or park 16 district having control of such park, may condemn the same in 17 the manner prescribed for the exercise of the right of 18 eminent domain under Article VII of the Code of Civil 19 Procedure, as now or hereafter amended. 20 (Source: P.A. 82-783.) 21 Section 5. The Chicago Park District Act is amended by 22 changing Sections 3, 5, 14, and 16a as follows: 23 (70 ILCS 1505/3) (from Ch. 105, par. 333.3) 24 Sec. 3. Commissioners; corporate body. There shall be 7 25 commissioners of the Chicago Park District. Within 30 days 26 after the effective date of this amendatory Act of 1988 the 27 Mayor of the City of Chicago, with the approval of the City 28 Council, shall appoint the 2 additional commissioners of the 29 Chicago Park District authorized by this amendatory Act of 30 1988, one to serve a term ending June 30, 1992, and the other 31 to serve a term ending June 30, 1993, as designated by the 32 Mayor. The 5 commissioners holding office on the effective SB1425 Engrossed -3- LRB9111447MWpc 1 date of this amendatory Act of 1988 shall continue in office 2 until his or her term otherwise ends. 3 Annually in the same manner as the original appointments 4 are made, a commissioner shall be appointed to succeed each 5 commissioner whose term then expires to serve for a term of 5 6 years and until his or her successor is appointed and 7 qualified. Vacancies in the office of commissioner shall be 8 filled by appointment by the mayor with the approval of the 9 City Council. 10 Each commissioner shall be a legal voter of and reside 11 within the district and before entering upon the duties of 12 his or her office shall take and subscribe an oath to 13 faithfully discharge his or her duties as commissioner. Each 14 commissioner shall be required to post a bond in the sum of 15 $50,000 for the use and benefit of the district subject to 16 the approval of the Circuit Court of Cook County with whom 17 such bond shall be posted. 18 In performing their functions as commissioners for the 19 Chicago Park District, the commissioners are subject to the 20 Public Officer Prohibited Activities Act.It shall be a petty21offense for any commissioner to be directly or indirectly22pecuniarily interested in any contract or work of any kind23whatever connected with said park district, and any contract24in which any commissioners shall be directly or indirectly25interested shall be null and void.26 From the time of the beginning of the term of the first 27 commissioners, the Chicago Park District shall constitute a 28 body politic and corporate and by such name and style may sue 29 and be sued, contract and be contracted with, acquire and 30 hold real property necessary for corporate purposes, and 31 adopt a common seal and alter the same at pleasure. 32 (Source: P.A. 85-1411.) 33 (70 ILCS 1505/5) (from Ch. 105, par. 333.5) SB1425 Engrossed -4- LRB9111447MWpc 1 Sec. 5. General superintendent; Director of Human 2 Resources. The commissioners of the Chicago Park District 3 shall appoint a general superintendent. Such superintendent 4 shall be chosen without regard to his or her political 5 affiliations and upon the sole basis of his or her 6 administrative and technical qualifications to manage the 7 affairs of the district. He or she shall be a citizen of the 8 United States and a resident of the district. 9 Notwithstanding anything to the contrary in Section 2 of 10 the Park System Civil Service Act"An Act relating to the11civil service in park systems", approved June 10, 1911, as12now or hereafter amended,or any other law, the commissioners 13 shall appoint a Director of Human Resourcessuperintendent of14employment. The Director of Human Resourcessuperintendent15of employmentshall be a citizen of the United States and a 16 resident of the district. 17 (Source: P.A. 85-1411.) 18 (70 ILCS 1505/14) (from Ch. 105, par. 333.14) 19 Sec. 14. Civil service. The Park System Civil Service 20 Act"An Act relating to the civil service in park systems",21approved June 10, 1911, as amended,shall apply to the 22 Chicago Park District, and upon the coming into effect of 23 this act there shall be appointed but one Director of Human 24 Resourcessuperintendent of employmentand but one civil 25 service board for such district. 26 Every officer and employe in the classified civil service 27 at the time this Act takes effect shall be assigned to a 28 position having, so far as possible, duties equivalent to his 29 former office or employment, and such officers and employes 30 shall have the same standing, grade, and privilege which they 31 respectively had in the districts from which they were 32 transferred, subject, however, to existing and future civil 33 service laws. This Section shall not be construed to require SB1425 Engrossed -5- LRB9111447MWpc 1 the retention of more officers and employes than are 2 necessary to the proper performance of the functions of the 3 Chicago Park District and the rules of the civil service 4 board made in pursuance of the civil service law shall 5 control in the making of layoffs and reinstatements of such 6 officers and employes as are not necessary to be retained. 7 This act shall in no way be construed to affect the operation 8 of Article 5 or Article 12 of the"Illinois Pension Code" as9the same may from time to time be amended,nor to affect the 10 rights of employees to pensions or annuities nor any taxes 11 authorized to be levied therefor. In the case of employes and 12 policemen of superseded park districts not having annuity 13 benefit funds retained as employes or policemen of the 14 Chicago Park District such employes and policemen shall have 15 the right to enter as new employes and policemen. 16 (Source: Laws 1963, p. 147.) 17 (70 ILCS 1505/16a) (from Ch. 105, par. 333.16a) 18 Sec. 16a. Personnel code. 19 (a) Notwithstanding the provisions of the Park System 20 Civil Service Act or the provisions of any other law, the 21 board of commissioners by ordinance may establish a personnel 22 code for the Chicago Park District creating a system of 23 personnel administration based on merit principles and 24 scientific methods. 25 (b) The passage by the board of commissioners of a 26 personnel code that complies with the provisions of this 27 Section shall suspend the applicability to the Chicago Park 28 District of the Park System Civil Service Act. That Act shall 29 again become applicable to the Chicago Park District 30 immediately upon the repeal by the board of commissioners of 31 the personnel code or of any provision of that Code that is 32 required by this Section. 33 (c) Any personnel code passed by the board of SB1425 Engrossed -6- LRB9111447MWpc 1 commissioners under the authority of this Section shall 2 contain provisions necessary to create a personnel system 3 based on merit principles and scientific methods and shall at 4 a minimum contain the following provisions: 5 (1) The code shall create the office of Director of 6 Human ResourcesSuperintendent of Employment. The 7 Director of Human ResourcesSuperintendent of Employment8 shall be a resident of the district and shall be 9 appointed by the board of commissioners. 10 (2) The code shall provide for a personnel board 11 consisting of 3 members. Two members shall be 12 commissioners and the third shall be the Director of 13 Human ResourcesSuperintendent of Employmentor the 14 person lawfully acting in that capacity. Terms for 15 members shall be prescribed by the personnel code. The 16 commissioner members of the personnel board shall serve 17 without compensation but shall be reimbursed for 18 necessary travel and other expenses. The personnel board 19 may administer oaths, subpoena witnesses, and compel the 20 production of books and papers pertinent to any hearing 21 authorized by this Section. Any circuit court, upon 22 application by the personnel board or any member of the 23 board, may, in its discretion, compel the attendance of 24 witnesses, the production of books and papers, and the 25 giving of testimony before the board or its hearing 26 officer in relation to a hearing. Any person who shall 27 refuse to comply with a lawfully served order to appear 28 or testify before the personnel board or its hearing 29 officer, or to produce books and papers relevant to the 30 hearing as commanded in a lawfully served subpoena, shall 31 be guilty of a Class B misdemeanor. Any person who, 32 having taken an oath or made affirmation before the board 33 or its hearing officer, knowingly swears or affirms 34 falsely is guilty of perjury and upon conviction shall be SB1425 Engrossed -7- LRB9111447MWpc 1 punished accordingly. 2 (3) The code shall subject all positions of 3 employment in the Park District to the jurisdiction of 4 the personnel board, with the exception of offices or 5 high-ranking senior executive positions, confidential 6 positions, or special program positions that cannot be 7 subject to career service due to program requirements. 8 The board of commissioners shall, by resolution, 9 specifically exempt those offices or positions from the 10 jurisdiction of the personnel board. 11 (4) The substantive provisions of the code shall 12 provide, at a minimum, for the following: 13 (A) With the exceptions listed below, all 14 vacancies in positions of employment subject to the 15 jurisdiction of the personnel board shall be filled 16 only after providing reasonable public notice of the 17 vacancy and inviting those who meet the published 18 minimum requirements for the position as further 19 provided in this Section to apply for it. The 20 district shall specify in the announcement of the 21 vacancy the minimum requirements necessary to be 22 considered for the position, as contained in the 23 official position description for the position. The 24 district shall specify in the announcement of the 25 vacancy whether competition for the vacancy is open 26 to non-employees of the district, or to employees of 27 the district, or to both. The district may dispense 28 with this requirement of public announcement when a 29 vacancy, for reasons promoting the efficiency of the 30 district service, is to be filled by demotion, 31 recall from layoff or leave of absence, or lateral 32 transfer of an employee; or as the result of a 33 lawful order of a court, arbitrator, or 34 administrative agency; or as the result of a bona SB1425 Engrossed -8- LRB9111447MWpc 1 fide settlement of a legal claim; or in accordance 2 with the provisions of this Section governing 3 emergency appointments; or as a result of a 4 reclassification of an employee's job title made in 5 accordance with rules prescribed by the district for 6 correcting misclassifications; or as the result of a 7 need to correct or avoid violations of any ethics 8 ordinance of the district. 9 (B) All vacancies that have been publicly 10 announced in accordance with the provisions of 11 subparagraph (A) of this paragraph (4) shall 12 thereafter be filled by a competitive evaluation of 13 the relative qualifications of those who apply for 14 it. Any method of evaluation shall be reasonably 15 designed to select candidates on the basis of 16 job-related criteria. The personnel board shall 17 prescribe by rule the various methods of evaluation 18 that may be used. The public announcement of the 19 vacancy shall specify the method that will be used 20 for the particular vacancy. The Director of Human 21 ResourcesSuperintendent of Employmentshall 22 document the process of conducting each competitive 23 evaluation for each vacancy in sufficient detail 24 that the personnel board may determine the process 25 by which, and the basis on which, the person 26 selected to fill the vacancy was selected. 27 (C) The district, where it determines that it 28 is in the interest of the efficiency of the service, 29 may specify reasonable lines of promotion or "career 30 ladder" progressions grouping related positions. The 31 district may, in its discretion, restrict 32 competition for a particular vacancy (i) to existing 33 employees who seek promotion to that vacancy from 34 the position class at the next lower step in the SB1425 Engrossed -9- LRB9111447MWpc 1 relevant line of promotion or career ladder 2 progression or (ii) if there is no such lower step, 3 to existing employees seeking promotion from a 4 particular job classification or classifications 5 whose duties are reasonably related to the duties of 6 the vacancy being filled. No restriction of 7 competition for a vacancy to be filled by promotion 8 shall be applied unless the line of promotion or 9 similar restriction has first been approved by the 10 personnel board. 11 (D) Persons appointed to a position of 12 permanent employment shall acquire "career service" 13 status following successful completion of a 6-month 14 period of probation. 15 (E) The district may prescribe reasonable 16 rules that extend appropriate preference in filling 17 vacancies to qualified persons who have been members 18 of the armed forces of the United States in time of 19 hostilities with a foreign country or to qualified 20 persons who, while citizens of the United States, 21 were members of the armed forces of allies of the 22 United States in time of hostilities with a foreign 23 country. A "time of hostilities with a foreign 24 country" means the period of time from December 7, 25 1941, to December 31, 1945, and from June 27, 1950, 26 to December 31, 1976 and during any other period 27 prescribed by the Board of Commissioners to take 28 account of periods in which the armed forces were 29 subjected to the risks of hostilities with a foreign 30 country. To qualify for this preference, a person 31 must have served in the armed forces for at least 6 32 months, been discharged on the ground of hardship, 33 or been released from active duty because of a 34 service-connected disability; the person must not SB1425 Engrossed -10- LRB9111447MWpc 1 have received a dishonorable discharge. 2 (F) The district may make emergency 3 appointments without public announcement or 4 competition where immediate appointment is required 5 for reasons of the security or safety of the public 6 or of the district's property. Emergency 7 appointments shall be immediately reported to the 8 personnel board, which may disapprove them and order 9 them ended. No emergency appointment may last more 10 than 30 days, and no emergency appointment shall be 11 renewed. 12 (G) The district may make temporary 13 appointments to positions in which it is determined 14 by the personnel board that the continuous services 15 of the employee will be needed for less than 12 16 months. Appointments shall be made by public 17 announcement and competitive methods as provided in 18 subparagraph (A) of this paragraph (4), but the 19 employee thus appointed shall not acquire career 20 service status during the period of his or her 21 temporary appointment. 22 (H) The district may transfer employees 23 without competitive procedures from a position to a 24 similar position involving similar qualifications, 25 duties, responsibilities, and salary ranges. 26 (I) The district may make layoffs by reason of 27 lack of funds or work, abolition of a position, or 28 material change in duties or organization. The 29 personnel code may provide for reemployment of 30 employees so laid off, giving consideration in both 31 layoffs and reemployment to performance record, 32 seniority in service, and impact on achieving equal 33 employment opportunity goals. 34 (J) Any employee with career service status SB1425 Engrossed -11- LRB9111447MWpc 1 shall be discharged or suspended without pay for 2 more than 30 days only for cause and only upon 3 written charges for the discharge or suspension. The 4 employee shall have an opportunity to appeal the 5 action to the personnel board and to receive a 6 hearing before the personnel board or a hearing 7 officer appointed by it. The district may suspend, 8 without pay, the charged employee pending a hearing 9 and determination of an appeal by the personnel 10 board. All final administrative decisions by the 11 personnel board discharging or suspending, for more 12 than 30 days, an employee with career service status 13 are subject to judicial review under the 14 Administrative Review Law. 15 (K) The district shall extend, to persons who 16 are working in a position in which they lawfully 17 acquired civil service status by virtue of being 18 examined under the Park System Civil Service Act, 19 career service status in that position without 20 further examination. 21 (L) In filling any position subject to the 22 jurisdiction of the personnel board and not exempted 23 under paragraph (3) of subsection (c), the district 24 shall take no account, whether favorably or 25 unfavorably, of any candidate's political 26 affiliation, political preferences or views, or 27 service to any political party or organization. The 28 district shall maintain procedures through which 29 employees may complain of violations of this 30 prohibition and through which any established 31 violation may be corrected. 32 (M) The district shall provide, by rule of the 33 personnel board, by collective bargaining agreements 34 with the appropriate collective bargaining SB1425 Engrossed -12- LRB9111447MWpc 1 representatives, or both, for continued recognition 2 of any right acquired on or before the effective 3 date of this amendatory Act of 1991 by an employee 4 of the district to be employed or reemployed, as the 5 result of a layoff or a recall, in a position in 6 which the employee previously held civil service 7 status. Those previously acquired rights may be 8 modified by mutual agreement between the district 9 and the appropriate collective bargaining 10 representative. 11 (N) The code shall provide that in filling 12 vacancies, the district will follow the provisions 13 of any lawful affirmative action plan approved by 14 the board of commissioners. 15 (O) The code shall set forth specific 16 standards of employee performance that all district 17 employees shall be required to follow. 18 (5) The code shall provide for the preparation, 19 maintenance, and revision by the personnel board of a 20 position classification plan for all positions of 21 employment within the district, based on similarity of 22 duties performed, responsibilities assigned, and 23 conditions of employment, so that the same schedule of 24 pay may be equitably applied to all positions in the same 25 class. Every class of positions shall have a position 26 description approved by the personnel board, specifying 27 the duties expected of the occupant of the position, the 28 minimum requirements of education, training, or 29 experience required for the position, and any other 30 information the personnel board by rule may prescribe for 31 inclusion in the position descriptions. No position 32 shall be filled, and no salary or other remuneration paid 33 to an occupant of a position, until the position has been 34 incorporated by the personnel board into the position SB1425 Engrossed -13- LRB9111447MWpc 1 classification plan. 2 (6) The code shall provide for the preparation, 3 maintenance, and revision of a pay plan. The pay plan 4 shall be approved, and all revisions to it shall be 5 approved, by the board of commissioners. The pay plan 6 shall assign rates of pay to each position within the 7 approved position classification plan of the district. 8 No salary for any position of employment in the district 9 shall be paid unless and until that position has been 10 lawfully included in the pay plan. Nothing in this 11 Section shall relieve the district from the obligation to 12 bargain over rates of pay under the Illinois Public Labor 13 Relations Act or any other statute that regulates the 14 labor relations of the district. 15 (7) The code shall provide that no disbursing or 16 auditing officer of the district shall make or approve 17 any payment for personal service to any person holding a 18 position in the service of the district unless the 19 payroll voucher or account of the payment bears the 20 certification of the Director of Human Resources 21Superintendent of Employmentthat each person named 22 therein has been appointed and employed in accordance 23 with the provisions of the personnel code and the 24 provisions of this Section. The certification shall be 25 based either upon verification of the individual items in 26 each payroll period or upon procedures developed for 27 avoiding unnecessary repetitive verification when other 28 evidence of compliance with applicable laws and rules is 29 available. The procedures may be based either upon a 30 continuation of payroll preparation by individual 31 departments or upon the use of a central payroll 32 preparation unit. The Director of Human Resources 33Superintendent of Employmentshall furnish the personnel 34 board with a copy of each payroll as certified. SB1425 Engrossed -14- LRB9111447MWpc 1 (Source: P.A. 87-354; 87-895.) 2 Section 99. Effective date. This Act takes effect upon 3 becoming law.