Public Act 0607 104TH GENERAL ASSEMBLY

HB4426 Enrolled LRB104 17784 RTM 31216 b

Public Act 104-0607

AN ACT concerning local government.

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

Section 5. The Metropolitan Water Reclamation District Act is amended by changing Sections 4.7, 4.8, 4.9, 4.11, and 4.13 as follows:

(70 ILCS 2605/4.7) (from Ch. 42, par. 323.7)

Sec. 4.7. Examinations and eligible lists. All applicants for offices or places in said classified civil service, except for the positions of deputy director of engineering, deputy director of monitoring and research, deputy director of maintenance and operations, assistant director of engineering, assistant director of maintenance and operations, deputy general counsel, head assistant attorneys, assistant director of monitoring and research, assistant director of information technology, assistant director of human resources, comptroller, assistant treasurer, assistant director of procurement and materials management, and laborers, shall be subjected to examination, which shall be public and competitive with limitations specified in the rules of the Director as to residence, age, sex, health, habits, moral character and qualifications to perform the duties of the office or place to be filled, which qualifications shall be prescribed in advance of such examination. Such examinations shall be practical in their character, and shall relate to those matters which will fairly test the relative capacity of the persons examined to discharge the duties of the position to which they seek to be appointed, and may include tests of physical qualifications and health and when appropriate, of manual skill. No question in any examination shall relate to political or religious opinions or affiliations. The Director shall control all examinations, and may, whenever an examination is to take place, designate a suitable number of persons to be special examiners and it shall be the duty of such special examiners to conduct such examinations as the Director may direct, and to make return and report thereof to him; and the Director he may, at any time, substitute any other person in the place of any one so selected; and the Director he may himself, at any time, act as such special examiner, and without appointing other special examiners. The Director shall, by rule, provide for and shall hold sufficient number of examinations to provide a sufficient number of candidates eligibles on the eligible list register for each classification grade of position in the classified civil service, and if any place in the classified civil service shall become vacant, to which there is not a sufficient number of candidates no person eligible for appointment, the Director he shall hold an examination for such position and repeat the same, if necessary, until a vacancy is filled in accordance with the provisions of this Act.

Eligible lists registers shall remain in force for between 1 and 3 years, except the eligible list register for laborers which shall remain in force for 4 years and except the eligible lists registers for student programs and entry level engineering positions which, in the Director's discretion, may remain in force for one year. The duration of the eligible list shall be announced in advance of the examination in accordance with Section 4.8.

Examinations for an eligible list for each position in the classified service above mentioned shall be held at least once in 3 years and at least annually for student programs and entry level engineering positions if the Director has limited the duration of the eligible lists registers for those positions to one year, unless the Director determines that such examinations are not necessary because no vacancy exists.

To help defray expenses of examinations, the sanitary district may, but need not, charge a fee to each applicant who desires to take a civil service examination provided for by this Act. The amount of such fees shall be set by the corporate authority of the sanitary district. Such fees shall be deposited in the corporate fund of the district.

(Source: P.A. 94-1070, eff. 11-29-06; 95-923, eff. 1-1-09.)

(70 ILCS 2605/4.8) (from Ch. 42, par. 323.8)

Sec. 4.8. Notice of the time and place, and general scope, and fee, and duration of the eligible list of every examination and of the duties, pay, and nature of the position sought to be filled shall be given by the Director by publication for 2 weeks preceding such examination, in a daily newspaper of general circulation published in the county in which said sanitary district is situated and such notice shall be posted by him in a conspicuous place in his office for 2 weeks before such examinations.

(Source: Laws 1963, p. 2477.)

(70 ILCS 2605/4.9) (from Ch. 42, par. 323.9)

Sec. 4.9. From the return or reports of examiners, or from the examinations which he or she has made, the Director shall prepare an eligible list a register for each grade or class of positions in the classified service of the sanitary district of the persons who shall attain such minimum mark as may be fixed by the Director for any part of such examination, and whose general average standing upon examination for such grade or class is not less than the minimum fixed by the rules of the Director, and who are otherwise eligible; and such persons shall take rank upon the eligible list register as candidates in the order of their relative excellence as determined by examination, without reference to priority of time of examination. The Director may substitute categories designated as A, B, and C for numerical ratings and establish eligible lists registers accordingly. The notice of examination shall specify the category or categories upon which selection will be made.

(Source: P.A. 97-124, eff. 7-14-11.)

(70 ILCS 2605/4.11) (from Ch. 42, par. 323.11)

Sec. 4.11. Appointments. Whenever a position classified under this Act is to be filled, except the positions of deputy director of engineering, deputy director of monitoring and research, deputy director of maintenance and operations, assistant director of engineering, assistant director of maintenance and operations, deputy general counsel, head assistant attorneys, assistant director of monitoring and research, assistant director of information technology, comptroller, assistant treasurer, assistant director of procurement and materials management, assistant director of human resources, and laborers, the Executive Director shall make requisition upon the Director, and the Director shall certify to the Executive Director him or her from the eligible list register of eligibles for the position the names (a) of the five candidates standing highest upon the eligible list register of eligibles for the position, or (b) of the candidates within the A category upon the eligible list register of eligibles if the list register is by categories designated as A, B, and C, provided, however, that any certification shall consist of at least 5 candidates, if available. If fewer than 5 candidates are in the A category, then the Director shall also certify all of the candidates in the B category. If fewer than 5 candidates are in the A and B categories combined, then the Director shall also certify all of the candidates in the C category. If fewer than 5 candidates are in the A, B, and C categories combined, then the Director may delay certification to fill a vacancy and hold an examination to provide a sufficient number of candidates on an updated eligible list. Candidates passing the subsequent examination shall take rank or be placed in the appropriate category upon the updated eligible list as determined by the candidate's exam performance. Certification shall be made in accordance with this Section but without preference as to priority of time of examination, except that the candidates that were remaining on the prior unexpired eligible list shall be included in the certified group, regardless of their category, for all requisitions until the expiration date of the prior eligible list. The Executive Director shall notify the Director of each position to be filled separately and shall fill the position by appointment of one of the certified candidates. The Executive Director's appointment decision shall be final and not subject to review. An appointed candidate shall be a probationary appointee on probation for a period to be fixed by the rules, not exceeding 250 days worked by the probationary appointee in the position of probationary appointment. At any time during the period of probation, the Executive Director with the approval of the Director may terminate a probationary appointee and shall notify the civil service board in writing of the termination; however, the Executive Director's termination of a probationary appointee shall be final and not subject to review. At any time during the period of probation, a probationary appointee may make a written request to voluntarily terminate a probationary appointment, and if approved by the Executive Director, such voluntary termination shall be final and not subject to review. If a probationary appointee is not terminated, then the probationary appointee's his or her appointment shall be deemed complete.

When there is no eligible list, the Executive Director may, with the authority of the Director, make a temporary appointment to remain in force only until a permanent appointment from an eligible register or list can be made in the manner specified in the previous provisions of this Section, and examinations to supply an eligible list therefor shall be held and an eligible list established therefrom within one year from the making of such appointment. The acceptance or refusal by an eligible person of a temporary appointment does not affect his or her standing on the eligible list register for permanent appointment.

In employment of an essentially temporary and transitory nature, the Executive Director may, with the authority of the Director of Human Resources make temporary appointments. No temporary appointment of an essentially temporary and transitory nature may be granted for a period of more than 119 consecutive or non-consecutive working days per calendar year. The Director must include in his or her annual report, and if required by the commissioners, in any special report, a statement of all temporary appointments made during the year or period specified by the commissioners, together with a statement of the facts in each case because of which the authority was granted.

All laborers shall be appointed by the Executive Director and shall be on probation for a period to be fixed by the rules, not exceeding 250 days worked by the laborer in the position of the probationary appointment. At any time during the period of a laborer's probation, the Executive Director with the approval of the Director may terminate a laborer's probationary appointment and shall notify the civil service board in writing of the termination; however, the Executive Director's termination of a laborer's probationary appointment shall be final and not subject to review. If a laborer's probationary appointment is not terminated, then the appointment shall be deemed complete.

The positions of deputy director of engineering, deputy director of monitoring and research, deputy director of maintenance and operations, assistant director of engineering, assistant director of maintenance and operations, deputy general counsel, head assistant attorneys, assistant director of monitoring and research, assistant director of information technology, comptroller, assistant treasurer, assistant director of procurement and materials management, and assistant director of human resources shall be appointed by the Executive Director upon the recommendation of the respective department head and shall be on probation for a period to be fixed by the rules, not exceeding 2 two years. At any time during the period of probation, the Executive Director on the recommendation of the department head concerned, may terminate any such probationary appointee and he or she shall notify the Civil Service Board in writing of the termination; however, the Executive Director's termination of a probationary appointee shall be final and not subject to review. If a probationary appointee is not terminated, then the probationary appointee's his or her appointment shall be deemed complete under the laws governing the classified civil service.

(Source: P.A. 99-481, eff. 9-22-15.)

(70 ILCS 2605/4.13) (from Ch. 42, par. 323.13)

Sec. 4.13. The following offices and places of employment, insofar as there are or may be such in the sanitary district, shall not be included within the classified civil service: All elective officers, the deputy executive director, the director of human resources, the clerk, treasurer, director of engineering, general counsel, executive director, director of maintenance and operations, director of procurement and materials management, director of monitoring and research, director of information technology, public and intergovernmental affairs officer, administrative services officer, and secretary and administrative aide to the president of the board of trustees, members of the civil service board and special examiners appointed by the civil service board and the secretaries aides to the officers and aides to the individual trustees, and those employed for periods not exceeding 5 years under any apprentice program, training or intern programs funded wholly or in part by grants from the State of Illinois or the United States of America. Further, apprentices in a sanitary district apprenticeship program for the trades, plant operations, or laboratory operations shall not be included within the classified civil service. Entry into a sanitary district apprenticeship program for the trades shall be by lottery. Graduates of these a sanitary district apprenticeship programs program for the trades shall be given additional points, in an amount to be determined by the Director of Human Resources, on examinations for civil service journeymen positions in the trades or entry-level positions in plant operations or laboratory operations classifications at the sanitary district. If an eligible list for the civil service journeyman trades or entry-level plant operations or laboratory operations classification already exists at the time the district apprentice completes the district program, then a special administration of the examination may be scheduled by the Director. The examination shall use the same tests taken by the candidates on the current eligible list. If the apprentice attains a passing score on the examination, then the apprentice shall be added to the eligible list in the appropriate category based on the score. The apprentice's name shall remain on the eligible list until its scheduled expiration date.

(Source: P.A. 104-205, eff. 1-1-26.)