Bill Text: IL HB4569 | 2011-2012 | 97th General Assembly | Chaptered
Bill Title: Amends the Secretary of State Merit Employment Code. Removes a provision granting the Director of Personnel in the Office of the Secretary of State the power to approve all written charges seeking discharge, demotion, or other disciplinary measures provided in the Code. Authorizes the Chairman of the Merit Commission to be appointed as an Administrator to oversee the Commission staff and day-to-day operations of the Commission. Provides that, if the Chairman serves as the Administrator of the Commission, then the Secretary of State shall set the Administrator's salary. Provides that, if the Chairman of the Commission serves as the Administrator of the Commission, then he or she is not subject to jurisdictions A, B, and C of the Code. Transfers certain disciplinary powers from the Director of Personnel to the Chairman of the Discipline Committee. Effective immediately.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Passed) 2012-07-20 - Public Act . . . . . . . . . 97-0833 [HB4569 Detail]
Download: Illinois-2011-HB4569-Chaptered.html
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| Public Act 097-0833 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Secretary of State Merit Employment Code is | ||||
amended by changing Sections 5c, 8a, and 8c as follows:
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(15 ILCS 310/5c) (from Ch. 124, par. 105c)
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Sec. 5c. Partial exemptions. The following positions in the | ||||
Office of
the Secretary of State are exempt from jurisdictions | ||||
A, B and C to the extent
stated for each unless these | ||||
jurisdictions are extended as provided in this Act:
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(1) Special agents selected by the Inspector General | ||||
appointed pursuant to Section 14 of the Secretary of State Act | ||||
and licensed Licensed attorneys in positions as legal or | ||||
technical advisors, except
in those positions paid from federal | ||||
funds if such exemption is inconsistent
with federal | ||||
requirements, are exempt from jurisdiction B only to the extent
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that Sections 10b.1, 10b.3 and 10b.5 of this Code need not be | ||||
met.
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(2) All unskilled positions, unless such exemption is | ||||
inconsistent with
federal requirements in those positions paid | ||||
from federal funds, for which
the principal job requirement is | ||||
good physical condition are exempt from jurisdiction B.
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(3) The Merit Commission, upon written recommendation of | ||||
the Director,
shall exempt from jurisdiction B other positions | ||
which, in the judgment
of the Commission, are by their nature | ||
highly confidential or involve principal
administrative | ||
responsibility for the determination of policy or principal
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administrative responsibility for the way in which policies are | ||
carried
out, except in those positions paid from federal funds | ||
if such exemption
is inconsistent with federal requirements. No | ||
position which has the powers
of a law enforcement officer, | ||
except executive security officers, may be
exempted under this | ||
section.
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(4) The personal secretaries and chief deputy to persons | ||
exempted under
paragraph (3) of Section 5b of this Act are | ||
exempt from jurisdiction B,
unless such exemption is | ||
inconsistent with federal requirements in those
positions paid | ||
from federal funds.
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(5) Positions which are paid a prevailing rate of wage are | ||
exempt from jurisdiction B.
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(Source: P.A. 80-13.)
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(15 ILCS 310/8a) (from Ch. 124, par. 108a)
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Sec. 8a. Terms, compensation. Members of the Merit | ||
Commission shall be
initially appointed as follows:
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(1) One member to serve for 2 years and until his successor | ||
is appointed;
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(2) One member to serve for 4 years and until his successor | ||
is appointed;
and
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(3) One member to serve for 6 years and until his successor | ||
is appointed.
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Thereafter, members of the Commission shall be appointed by | ||
the Secretary
of State for six year terms with the advice and | ||
consent of the Senate.
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A member of the Commission shall be appointed as Chairman | ||
by the Secretary
of State for a two-year term. The Secretary of | ||
State may appoint the Chairman
for consecutive terms. The | ||
Chairman may also be appointed as the Administrator responsible | ||
for overseeing the Commission staff and day-to-day operations | ||
of the Commission.
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The Secretary of State may appoint a person to fill a | ||
vacancy occurring
prior to the expiration of a six year term | ||
for the remainder of the unexpired
term with the advice and | ||
consent of the Senate.
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The salary of the Chairman of the Commission shall be | ||
$10,000 per annum
or an amount set by the Compensation Review | ||
Board, whichever is greater,
and other members of the | ||
Commission shall be paid $7,500 per annum or an
amount set by | ||
the Compensation Review Board, whichever is greater. They
shall | ||
be entitled to reimbursement for necessary traveling and other | ||
official
expenditures necessitated by their official duties. | ||
If the Chairman of the Commission is also appointed as the | ||
Administrator of the Commission, the Chairman's salary will be | ||
set by the Secretary.
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(Source: P.A. 84-440.)
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(15 ILCS 310/8c) (from Ch. 124, par. 108c)
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Sec. 8c. Duties and powers of the Commission. The Merit | ||
Commission, in
addition to any other duties prescribed in this | ||
Act, shall have the following
duties and powers:
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(1) Upon written recommendations by the Director of | ||
Personnel, to exempt
from jurisdiction B of this Act positions | ||
which, in the judgment of the
Commission, are by their nature | ||
highly confidential or involve principal
administrative | ||
responsibility for the determination of policy or principal
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administrative responsibility for the way in which policies are | ||
carried
out. No position which has the powers of a law | ||
enforcement officer, except
executive security officers, may | ||
be exempted under this section.
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(2) To require such special reports from the Director as it | ||
may consider
desirable.
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(3) To disapprove original rules or any part thereof and | ||
any amendment
thereof within 30 calendar days after the | ||
submission of such rules to the
Merit Commission by the | ||
Director.
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(4) To disapprove within 30 calendar days from date of | ||
submission the
position classification plan and any revisions | ||
thereof submitted by the
Director as provided in the rules.
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(5) To hear appeals of employees who do not accept the | ||
allocation of their
positions under the classification plan.
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(6) To hear and approve or disapprove written charges filed | ||
seeking the
discharge or demotion of employees or suspension | ||
totaling more than 30 calendar
days in any 12 month period, as | ||
provided in Section 9, appeals as provided
in Section 9a of | ||
this Act, and appeals from transfers from one geographical
area | ||
in the state to another, and in connection therewith to | ||
administer
oaths, subpoena witnesses and compel the production | ||
of books and papers.
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(7) (Blank).
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(8) To make an annual report regarding the work of the | ||
Commission to the
Secretary of State, such report to be a | ||
public record.
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(9) If any violation of this Act is found, the Commission | ||
shall direct
compliance in writing.
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(10) To appoint such employees, experts and special | ||
assistants as may
be necessary to carry out the powers and | ||
duties of the commission under
this Act. Employees, experts and | ||
special assistants so appointed by the
Commission shall be | ||
subject to jurisdictions A, B and C of this Act, except the | ||
Chairman of the Commission when serving as the Administrator of | ||
the Commission shall not be subject to jurisdictions A, B, and | ||
C of this Act.
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(11) To promulgate rules and regulations necessary to
carry | ||
out and implement their powers and duties
under this Act, with | ||
authority to amend such rules from time to time
pursuant to The | ||
Illinois Administrative Procedure Act.
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(12) Within one year of the effective date of this | ||
amendatory Act of 1985,
the Commission shall adopt rules and | ||
regulations which shall include all
Commission policies | ||
implementing its duties under Sections 8, 9, 10 and 15 of
this | ||
Act. These rules and regulations shall include, but not be | ||
limited to,
the standards and criteria used by the Commission | ||
and Hearing Officers in
making discretionary determinations | ||
during hearing procedures.
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(13) To hear or conduct investigations as it deems | ||
necessary of appeals
of layoff filed by employees appointed | ||
under Jurisdiction B after examination,
provided that such | ||
appeals are filed within 15 calendar days following the
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effective date of such layoff and are made on the basis that | ||
the provisions
of the Secretary of State Merit Employment Code | ||
or the rules promulgated
thereunder have been violated or have | ||
not been complied with. All hearings
shall be public. A | ||
decision shall be rendered within 60 days after receipt
of the | ||
transcript of the proceedings. The Commission shall order the
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reinstatement of the employee if it is proven that the | ||
provisions of the
Secretary of State Merit Employment Code or | ||
the rules promulgated thereunder
have been violated or have not | ||
been complied with. In connection therewith the
Commission may | ||
administer oaths, subpoena witnesses, and compel the | ||
production
of books and papers.
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(Source: P.A. 90-372, eff. 7-1-98; 90-422, eff. 8-15-97.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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