Bill Text: IL HB5033 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Metropolitan Water Reclamation District Act. Provides that the executive director of the District, with the advice and consent of the board of commissioners, may appoint a director of diversity, equity, inclusion, and justice, may create the Department of Diversity, Equity, Inclusion, and Justice, and may appoint a deputy executive director. Makes conforming changes. Provides that the deputy executive director must be selected solely upon administrative and technical qualifications and without regard to political affiliations and shall serve under the direct supervision of the executive director.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced) 2024-04-11 - Added Chief Co-Sponsor Rep. Kelly M. Cassidy [HB5033 Detail]

Download: Illinois-2023-HB5033-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5033 Introduced , by Rep. Norma Hernandez SYNOPSIS AS INTRODUCED:
70 ILCS 2605/4 from Ch. 42, par. 323
70 ILCS 2605/4.13 from Ch. 42, par. 323.13
Amends the Metropolitan Water Reclamation District Act. Provides that the executive director of the District, with the advice and consent of the board of commissioners, may appoint a director of diversity, equity, inclusion, and justice, may create the Department of Diversity, Equity, Inclusion, and Justice, and may appoint a deputy executive director. Makes conforming changes. Provides that the deputy executive director must be selected solely upon administrative and technical qualifications and without regard to political affiliations and shall serve under the direct supervision of the executive director.
LRB103 36653 AWJ 66762 b
A BILL FOR
HB5033 LRB103 36653 AWJ 66762 b
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 and 4.13 as follows:
(70 ILCS 2605/4) (from Ch. 42, par. 323)
Sec. 4. The commissioners elected under this Act
constitute a board of commissioners for the district by which
they are elected, which board of commissioners is the
corporate authority of the sanitary district, and, in addition
to all other powers specified in this Act, shall establish the
policies and goals of the sanitary district. The executive
director, in addition to all other powers specified in this
Act, shall manage and control all the affairs and property of
the sanitary district and shall regularly report to the Board
of Commissioners on the activities of the sanitary district in
executing the policies and goals established by the board. At
the regularly scheduled meeting of odd numbered years
following the induction of new commissioners the board of
commissioners shall elect from its own number a president and
a vice-president to serve in the absence of the president, and
the chairman of the committee on finance. The board shall
provide by rule when a vacancy occurs in the office of the

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president, vice-president, or the chairman of the committee on
finance and the manner of filling such vacancy.
The board shall appoint from outside its own number the
executive director and treasurer for the district.
The executive director must be a resident of the sanitary
district and a citizen of the United States. He must be
selected solely upon his administrative and technical
qualifications and without regard to his political
affiliations.
In the event of illness or other prolonged absence, death
or resignation creating a vacancy in the office of the
executive director, or treasurer, the board of commissioners
may appoint an acting officer from outside its own number, to
perform the duties and responsibilities of the office during
the term of the absence or vacancy.
The executive director, with the advice and consent of the
board of commissioners, shall appoint the director of
engineering, director of maintenance and operations, director
of human resources, director of procurement and materials
management, clerk, general counsel, director of monitoring and
research, and director of information technology and may
appoint a director of diversity, equity, inclusion, and
justice. These constitute the heads of the Department of
Engineering, Maintenance and Operations, Human Resources,
Procurement and Materials Management, Finance, Law, Monitoring
and Research, and Information Technology, and, if created by

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the Executive Director, Diversity, Equity, Inclusion, and
Justice, respectively. No other departments or heads of
departments may be created without subsequent amendment to
this Act. All such department heads are under the direct
supervision of the executive director.
The executive director, with the advice and consent of the
board of commissioners, may appoint a deputy executive
director. The deputy executive director must be selected
solely upon administrative and technical qualifications and
without regard to political affiliations and shall serve under
the direct supervision of the executive director.
The executive director, with the advice and consent of the
board of commissioners, shall appoint a public and
intergovernmental affairs officer and an administrative
services officer. The public and intergovernmental affairs
officer and administrative services officer shall serve under
the direct supervision of the executive director.
The director of human resources must be qualified under
Section 4.2a of this Act.
The director of procurement and materials management must
be selected in accordance with Section 11.16 of this Act.
In the event of illness or other prolonged absence, death,
or resignation creating a vacancy in the office of director of
engineering, director of maintenance and operations, director
of human resources, director of procurement and materials
management, clerk, general counsel, director of monitoring and

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research, public and intergovernmental affairs officer,
administrative services officer, or director of information
technology, or director of diversity, equity, inclusion, and
justice, the executive director shall appoint an acting
officer to perform the duties and responsibilities of the
office during the term of the absence or vacancy. Any such
officers appointed in an acting capacity are under the direct
supervision of the executive director.
All appointive officers and acting officers shall give
bond as may be required by the board.
The executive director, treasurer, acting executive
director, and acting treasurer hold their offices at the
pleasure of the board of commissioners.
The acting director of engineering, acting director of
maintenance and operations, acting director of human
resources, acting director of procurement and materials
management, acting clerk, acting general counsel, acting
director of monitoring and research, acting public and
intergovernmental affairs officer, acting administrative
services officer, and acting director of information
technology, and acting director of diversity, equity,
inclusion, and justice hold their offices at the pleasure of
the executive director.
The director of engineering, director of maintenance and
operations, director of human resources, director of
procurement and materials management, clerk, general counsel,

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director of monitoring and research, public and
intergovernmental affairs officer, administrative services
officer, and director of information technology, director of
diversity, equity, inclusion, and justice, and deputy
executive director may be removed from office for cause by the
executive director. Prior to removal, such officers are
entitled to a public hearing before the executive director at
which hearing they may be represented by counsel. Before the
hearing, the executive director shall notify the board of
commissioners of the date, time, place and nature of the
hearing.
In addition to the general counsel appointed by the
executive director, the board of commissioners may appoint
from outside its own number an attorney, or retain counsel, to
advise the board of commissioners with respect to its powers
and duties and with respect to legal questions and matters of
policy for which the board of commissioners is responsible.
The executive director is the chief administrative officer
of the district, has supervision over and is responsible for
all administrative and operational matters of the sanitary
district including the duties of all employees which are not
otherwise designated by law, and is the appointing authority
as specified in Section 4.11 of this Act.
The board of commissioners shall appoint from outside its
own number an Inspector General or enter into an
intergovernmental agreement with another unit of local

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government for the appointment of an Inspector General. The
board of commissioners shall establish minimum qualifications
and duties for the Inspector General by ordinance or
intergovernmental agreement.
The board, through the budget process, shall set the
compensation of all the officers and employees of the sanitary
district. Any incumbent of the office of president may appoint
an administrative aide which appointment remains in force
during his incumbency unless revoked by the president.
Effective upon the election in January, 1985 of the
president and vice-president of the board of commissioners and
the chairman of the committee on finance, the annual salary of
the president shall be $37,500 and shall be increased to
$39,500 in January, 1987, $41,500 in January, 1989, $50,000 in
January, 1991, and $60,000 in January, 2001; the annual salary
of the vice-president shall be $35,000 and shall be increased
to $37,000 in January, 1987, $39,000 in January, 1989, $45,000
in January, 1991, and $55,000 in January, 2001; the annual
salary of the chairman of the committee on finance shall be
$32,500 and shall be increased to $34,500 in January, 1987,
$36,500 in January, 1989, $45,000 in January, 1991, and
$55,000 in January, 2001.
The annual salaries of the other members of the Board
shall be as follows:
For the three members elected in November, 1980,
$26,500 per annum for the first two years of the term;

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$28,000 per annum for the next two years of the term and
$30,000 per annum for the last two years.
For the three members elected in November, 1982,
$28,000 per annum for the first two years of the term and
$30,000 per annum thereafter.
For members elected in November, 1984, $30,000 per
annum.
For the three members elected in November, 1986,
$32,000 for each of the first two years of the term,
$34,000 for each of the next two years and $36,000 for the
last two years;
For three members elected in November, 1988, $34,000
for each of the first two years of the term and $36,000 for
each year thereafter.
For members elected in November, 1990, 1992, 1994,
1996, or 1998, $40,000.
For members elected in November, 2000 and thereafter,
$50,000.
Notwithstanding the other provisions of this Section, the
board, prior to January 1, 2007 and with a two-thirds vote, may
increase the annual rate of compensation at a separate flat
amount for each of the following: the president, the
vice-president, the chairman of the committee on finance, and
the other members; the increased annual rate of compensation
shall apply to all such officers and members whose terms as
members of the board commence after the increase in

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compensation is adopted by the board.
The board of commissioners has full power to pass all
necessary ordinances, orders, rules, resolutions and
regulations for the proper management and conduct of the
business of the board of commissioners and the corporation and
for carrying into effect the object for which the sanitary
district is formed. All ordinances, orders, rules, resolutions
and regulations passed by the board of commissioners must,
before they take effect, be approved by the president of the
board of commissioners. If he approves thereof, he shall sign
them, and such as he does not approve he shall return to the
board of commissioners with his objections in writing at the
next regular meeting of the board of commissioners occurring
after the passage thereof. Such veto may extend to any one or
more items or appropriations contained in any ordinance making
an appropriation, or to the entire ordinance. If the veto
extends to a part of such ordinance, the residue takes effect.
If the president of such board of commissioners fails to
return any ordinance, order, rule, resolution or regulation
with his objections thereto in the time required, he is deemed
to have approved it, and it takes effect accordingly. Upon the
return of any ordinance, order, rule, resolution, or
regulation by the president, the vote by which it was passed
must be reconsidered by the board of commissioners, and if
upon such reconsideration two-thirds of all the members agree
by yeas and nays to pass it, it takes effect notwithstanding

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the president's refusal to approve thereof.
It is the policy of this State that all powers granted,
either expressly or by necessary implication, by this Act or
any other Illinois statute to the District may be exercised by
the District notwithstanding effects on competition. It is the
intention of the General Assembly that the "State action
exemption" to the application of federal antitrust statutes be
fully available to the District to the extent its activities
are authorized by law as stated herein.
(Source: P.A. 102-808, eff. 5-13-22.)
(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, director of diversity,
equity, inclusion, and justice, 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

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