State of Illinois
92nd General Assembly
Legislation

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92_SB0637

 
                                         SDS/92Abill0008/CEhs

 1        AN ACT concerning sanitary districts.

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

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

 6        (70 ILCS 2605/4) (from Ch. 42, par. 323)
 7        Sec.  4.  The  commissioners  elected  under   this   Act
 8    constitute a board of commissioners for the district by which
 9    they  are  elected,  which  board  of  commissioners  is  the
10    corporate   authority  of  the  sanitary  district,  and,  in
11    addition to all other powers specified  in  this  Act,  shall
12    establish  the  policies  and goals of the sanitary district.
13    The general superintendent, in addition to all  other  powers
14    specified  in  this  Act,  shall  manage  and control all the
15    affairs and property  of  the  sanitary  district  and  shall
16    regularly  report  to  the  Board  of  Commissioners  on  the
17    activities of the sanitary district in executing the policies
18    and  goals  established  by  the  board.   At  the  regularly
19    scheduled   meeting  of  odd  numbered  years  following  the
20    induction of new commissioners  the  board  of  commissioners
21    shall   elect   from   its  own  number  a  president  and  a
22    vice-president to serve in the absence of the president,  and
23    the  chairman  of  the  committee on finance. The board shall
24    provide by rule when a vacancy occurs in the  office  of  the
25    president,  vice-president,  or the chairman of the committee
26    on finance and the manner of filling such vacancy.
27        The board shall appoint from outside its own  number  the
28    general superintendent and treasurer for the district.
29        The  general  superintendent  must  be  a resident of the
30    sanitary district and a citizen of  the  United  States.   He
31    must be selected solely upon his administrative and technical
 
                            -2-          SDS/92Abill0008/CEhs
 1    qualifications   and   without   regard   to   his  political
 2    affiliations.
 3        In the event of illness or other prolonged absence, death
 4    or resignation creating  a  vacancy  in  the  office  of  the
 5    general   superintendent,   or   treasurer,   the   board  of
 6    commissioners may appoint an acting officer from outside  its
 7    own number, to perform the duties and responsibilities of the
 8    office during the term of the absence or vacancy.
 9        The general superintendent with the advice and consent of
10    the board of commissioners, shall appoint the chief engineer,
11    chief  of  maintenance and operations, director of personnel,
12    purchasing agent, clerk, attorney, director of  research  and
13    development,  and  director of information technology.  These
14    constitute  the  heads  of  the  Department  of  Engineering,
15    Maintenance and Operations, Personnel,  Purchasing,  Finance,
16    Law,  Research  and  Development, and Information Technology,
17    respectively.  No other departments or heads  of  departments
18    may be created without subsequent amendment to this Act.  All
19    such department heads are under the direct supervision of the
20    general superintendent.
21        The director of personnel must be qualified under Section
22    4.2a of this Act.
23        The  purchasing agent must be selected in accordance with
24    Section 11.16 of this Act.
25        In the event of illness or other prolonged absence, death
26    or resignation creating a vacancy  in  the  office  of  chief
27    engineer,  chief  of  maintenance and operations, director of
28    personnel, purchasing agent,  clerk,  attorney,  director  of
29    research   and   development,   or  director  of  information
30    technology,  the  general  superintendent  shall  appoint  an
31    acting officer to perform the duties and responsibilities  of
32    the  office  during  the term of the absence or vacancy.  Any
33    such officers appointed in an acting capacity are  under  the
34    direct supervision of the general superintendent.
 
                            -3-          SDS/92Abill0008/CEhs
 1        All  appointive  officers  and acting officers shall give
 2    bond as may be required by the board.
 3        The general  superintendent,  treasurer,  acting  general
 4    superintendent and acting treasurer hold their offices at the
 5    pleasure of the board of commissioners.
 6        The  acting  chief  engineer, acting chief of maintenance
 7    and operations, acting purchasing agent, acting  director  of
 8    personnel,  acting clerk, acting attorney, acting director of
 9    research and development, and acting director of  information
10    technology  hold their offices at the pleasure of the general
11    superintendent.
12        The chief engineer, chief of maintenance and  operations,
13    director  of  personnel,  purchasing  agent, clerk, attorney,
14    director  of  research  and  development,  and  director   of
15    information  technology  may be removed from office for cause
16    by  the  general  superintendent.   Prior  to  removal,  such
17    officers are entitled to a public hearing before the  general
18    superintendent  at  which  hearing they may be represented by
19    counsel.  Before  the  hearing,  the  general  superintendent
20    shall  notify  the  board of commissioners of the date, time,
21    place and nature of the hearing.
22        In addition to the  attorney  appointed  by  the  general
23    superintendent,  the  board of commissioners may appoint from
24    outside its own number an attorney,  or  retain  counsel,  to
25    advise  the board of commissioners with respect to its powers
26    and duties and with respect to legal questions and matters of
27    policy for which the board of commissioners is responsible.
28        The general superintendent is  the  chief  administrative
29    officer   of  the  district,  has  supervision  over  and  is
30    responsible for all administrative and operational matters of
31    the sanitary district including the duties of  all  employees
32    which  are  not  otherwise  designated  by  law,  and  is the
33    appointing authority as specified in  Section  4.11  of  this
34    Act.
 
                            -4-          SDS/92Abill0008/CEhs
 1        The  board,  through  the  budget  process, shall fix the
 2    compensation  of  all  the  officers  and  employees  of  the
 3    sanitary district. Any incumbent of the office  of  president
 4    may  appoint an administrative aide which appointment remains
 5    in  force  during  his  incumbency  unless  revoked  by   the
 6    president.
 7        Effective  upon  the  election  in  January,  1985 of the
 8    president and vice-president of the  board  of  commissioners
 9    and  the  chairman  of  the  committee on finance, the annual
10    salary of  the  president  shall  be  $37,500  and  shall  be
11    increased  to  $39,500  in January, 1987, $41,500 in January,
12    1989, $50,000 in January, 1991, and $60,000 in January, 2001;
13    the annual salary of the vice-president shall be $35,000  and
14    shall be increased to $37,000 in January,  1987,  $39,000  in
15    January,  1989,  $45,000  in  January,  1991,  and $55,000 in
16    January, 2001; the annual salary   of  the  chairman  of  the
17    committee  on finance shall be $32,500 and shall be increased
18    to $34,500  in  January,  1987,  $36,500  in  January,  1989,
19    $45,000 in January, 1991, and $55,000 in January, 2001.
20        The  annual  salaries  of  the other members of the Board
21    shall be as follows:
22        For the three members elected in November, 1980,  $26,500
23    per  annum  for  the first two years of the term; $28,000 per
24    annum for the next two years of  the  term  and  $30,000  per
25    annum for the last two years.
26        For  the three members elected in November, 1982, $28,000
27    per annum for the first two years of the term and $30,000 per
28    annum thereafter.
29        For members elected in November, 1984, $30,000 per annum.
30        For the three members elected in November, 1986,  $32,000
31    for each of the first two years of the term, $34,000 for each
32    of the next two years and $36,000 for the last two years;
33        For  three members elected in November, 1988, $34,000 for
34    each of the first two years of the term and $36,000 for  each
 
                            -5-          SDS/92Abill0008/CEhs
 1    year thereafter.
 2        For  members elected in November, 1990, 1992, 1994, 1996,
 3    or 1998, $40,000.
 4        For members elected in  November,  2000  and  thereafter,
 5    $50,000.
 6        Notwithstanding  any other provision of this Section, the
 7    annual salaries  of  members  of  the  board,  including  the
 8    president,  vice-president,  and chairman of the committee on
 9    finance, elected in November, 2002 and  thereafter  shall  be
10    fixed by the board.
11        The  board  of  commissioners  has full power to pass all
12    necessary  ordinances,   orders,   rules,   resolutions   and
13    regulations  for  the  proper  management  and conduct of the
14    business of the board of commissioners  and  the  corporation
15    and  for  carrying  into  effect  the  object  for  which the
16    sanitary district is formed.  All ordinances, orders,  rules,
17    resolutions   and   regulations   passed   by  the  board  of
18    commissioners must, before they take effect, be  approved  by
19    the  president  of the board of commissioners. If he approves
20    thereof, he shall sign them, and such as he does not  approve
21    he  shall  return  to  the  board  of  commissioners with his
22    objections in writing at the  next  regular  meeting  of  the
23    board  of  commissioners occurring after the passage thereof.
24    Such  veto  may  extend  to  any  one  or   more   items   or
25    appropriations   contained   in   any   ordinance  making  an
26    appropriation, or to  the  entire  ordinance.   If  the  veto
27    extends  to  a  part  of  such  ordinance,  the residue takes
28    effect.  If the president  of  such  board  of  commissioners
29    fails  to  return  any  ordinance, order, rule, resolution or
30    regulation with his objections thereto in the time  required,
31    he  is  deemed  to  have  approved  it,  and  it takes effect
32    accordingly.  Upon the return of any ordinance, order,  rule,
33    resolution, or regulation by the president, the vote by which
34    it   was   passed  must  be  reconsidered  by  the  board  of
 
                            -6-          SDS/92Abill0008/CEhs
 1    commissioners, and if upon such reconsideration two-thirds of
 2    all the members agree by yeas and nays to pass it,  it  takes
 3    effect  notwithstanding  the  president's  refusal to approve
 4    thereof.
 5        It is the policy of this State that all  powers  granted,
 6    either  expressly or by necessary implication, by this Act or
 7    any other Illinois statute to the District may  be  exercised
 8    by the District notwithstanding effects on competition. It is
 9    the  intention of the General Assembly that the "State action
10    exemption" to the application of federal  antitrust  statutes
11    be  fully  available  to  the  District  to  the  extent  its
12    activities are authorized by law as stated herein.
13    (Source: P.A. 91-722, eff. 6-2-00.)

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