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| Public Act 099-0646
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| HB5684 Enrolled | LRB099 19522 EFG 43916 b |
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AN ACT concerning public employee benefits.
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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 1. Short title. This Act may be cited as the Local |
Government Wage Increase Transparency Act.
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Section 5. Disclosure of certain wage increases made to |
employees under Article 7 of the Illinois Pension Code. |
(a) This Section applies only to a participating employee |
under Article 7 of the Illinois Pension Code (IMRF) who began |
participation before January 1, 2011 and who is not subject to |
a collective bargaining agreement with respect to the |
employment upon which the participation is based. |
(b) The definitions in Article 7 of the Illinois Pension |
Code also apply to this Section. |
As used in this Section, "disclosable payment" means a |
payment, whether in the form of an increase in the rate of |
earnings or a lump-sum payment, that: |
(1) would be made by a participating employer to a |
participating employee after the employee has expressed to |
the employer his or her intent to retire or withdraw from |
service; |
(2) would have the effect of increasing the employee's |
reportable monthly earnings from that employer by more than |
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6% compared to the previous month; and |
(3) would be made between 12 months and 90 days prior |
to the employee's expected termination of service. |
However, "disclosable payment" does not include a refund of |
contributions or any payment required to be paid by State or |
federal law. |
(c) A disclosable payment shall not be made or payable |
unless the governing body of that participating employer has |
first discussed the specific payment to be made at a meeting |
open to the public and posted and held in accordance with the |
requirements of the Open Meetings Act. At the meeting, the |
governing body shall, at a minimum, disclose (1) the identity |
of the employee, (2) the purpose and amount of the increase or |
payment, (3) the proposed retirement date, (4) the effect of |
the payment upon the expected retirement annuity of the |
employee, and (5) the effect of the payment upon the liability |
of the employer to the Article 7 Fund. |
(d) The determination of whether the disclosable payment is |
permissible under this Section shall rest exclusively with the |
employer. |
(e) A participating employer may not make a disclosable |
payment to an employee in a manner inconsistent with this |
Section. This Section is a denial and limitation of home rule |
powers and functions under subsection (h) of Section 6 of |
Article VII of the Illinois Constitution.
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Section 90. The Open Meetings Act is amended by changing |
Section 2 as follows:
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(5 ILCS 120/2) (from Ch. 102, par. 42)
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Sec. 2. Open meetings.
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(a) Openness required. All meetings of public
bodies shall |
be open to the public unless excepted in subsection (c)
and |
closed in accordance with Section 2a.
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(b) Construction of exceptions. The exceptions contained |
in subsection
(c) are in derogation of the requirement that |
public bodies
meet in the open, and therefore, the exceptions |
are to be strictly
construed, extending only to subjects |
clearly within their scope.
The exceptions authorize but do not |
require the holding of
a closed meeting to discuss a subject |
included within an enumerated exception.
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(c) Exceptions. A public body may hold closed meetings to |
consider the
following subjects:
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(1) The appointment, employment, compensation, |
discipline, performance,
or dismissal of specific |
employees of the public body or legal counsel for
the |
public body, including hearing
testimony on a complaint |
lodged against an employee of the public body or
against |
legal counsel for the public body to determine its |
validity. However, a meeting to consider an increase in |
compensation to a specific employee of a public body that |
is subject to the Local Government Wage Increase |
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Transparency Act may not be closed and shall be open to the |
public and posted and held in accordance with this Act.
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(2) Collective negotiating matters between the public |
body and its
employees or their representatives, or |
deliberations concerning salary
schedules for one or more |
classes of employees.
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(3) The selection of a person to fill a public office,
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as defined in this Act, including a vacancy in a public |
office, when the public
body is given power to appoint |
under law or ordinance, or the discipline,
performance or |
removal of the occupant of a public office, when the public |
body
is given power to remove the occupant under law or |
ordinance.
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(4) Evidence or testimony presented in open hearing, or |
in closed
hearing where specifically authorized by law, to
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a quasi-adjudicative body, as defined in this Act, provided |
that the body
prepares and makes available for public |
inspection a written decision
setting forth its |
determinative reasoning.
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(5) The purchase or lease of real property for the use |
of
the public body, including meetings held for the purpose |
of discussing
whether a particular parcel should be |
acquired.
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(6) The setting of a price for sale or lease of |
property owned
by the public body.
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(7) The sale or purchase of securities, investments, or |
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investment
contracts. This exception shall not apply to the |
investment of assets or income of funds deposited into the |
Illinois Prepaid Tuition Trust Fund.
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(8) Security procedures, school building safety and |
security, and the use of personnel and
equipment to respond |
to an actual, a threatened, or a reasonably
potential |
danger to the safety of employees, students, staff, the |
public, or
public
property.
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(9) Student disciplinary cases.
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(10) The placement of individual students in special |
education
programs and other matters relating to |
individual students.
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(11) Litigation, when an action against, affecting or |
on behalf of the
particular public body has been filed and |
is pending before a court or
administrative tribunal, or |
when the public body finds that an action is
probable or |
imminent, in which case the basis for the finding shall be
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recorded and entered into the minutes of the closed |
meeting.
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(12) The establishment of reserves or settlement of |
claims as provided
in the Local Governmental and |
Governmental Employees Tort Immunity Act, if
otherwise the |
disposition of a claim or potential claim might be
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prejudiced, or the review or discussion of claims, loss or |
risk management
information, records, data, advice or |
communications from or with respect
to any insurer of the |
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public body or any intergovernmental risk management
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association or self insurance pool of which the public body |
is a member.
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(13) Conciliation of complaints of discrimination in |
the sale or rental
of housing, when closed meetings are |
authorized by the law or ordinance
prescribing fair housing |
practices and creating a commission or
administrative |
agency for their enforcement.
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(14) Informant sources, the hiring or assignment of |
undercover personnel
or equipment, or ongoing, prior or |
future criminal investigations, when
discussed by a public |
body with criminal investigatory responsibilities.
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(15) Professional ethics or performance when |
considered by an advisory
body appointed to advise a |
licensing or regulatory agency on matters
germane to the |
advisory body's field of competence.
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(16) Self evaluation, practices and procedures or |
professional ethics,
when meeting with a representative of |
a statewide association of which the
public body is a |
member.
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(17) The recruitment, credentialing, discipline or |
formal peer review
of physicians or other
health care |
professionals for a hospital, or
other institution |
providing medical care, that is operated by the public |
body.
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(18) Deliberations for decisions of the Prisoner |
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Review Board.
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(19) Review or discussion of applications received |
under the
Experimental Organ Transplantation Procedures |
Act.
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(20) The classification and discussion of matters |
classified as
confidential or continued confidential by |
the State Government Suggestion Award
Board.
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(21) Discussion of minutes of meetings lawfully closed |
under this Act,
whether for purposes of approval by the |
body of the minutes or semi-annual
review of the minutes as |
mandated by Section 2.06.
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(22) Deliberations for decisions of the State
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Emergency Medical Services Disciplinary
Review Board.
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(23) The operation by a municipality of a municipal |
utility or the
operation of a
municipal power agency or |
municipal natural gas agency when the
discussion involves |
(i) contracts relating to the
purchase, sale, or delivery |
of electricity or natural gas or (ii) the results
or |
conclusions of load forecast studies.
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(24) Meetings of a residential health care facility |
resident sexual
assault and death review
team or
the |
Executive
Council under the Abuse Prevention Review
Team |
Act.
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(25) Meetings of an independent team of experts under |
Brian's Law. |
(26) Meetings of a mortality review team appointed |
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under the Department of Juvenile Justice Mortality Review |
Team Act. |
(27) (Blank). |
(28) Correspondence and records (i) that may not be |
disclosed under Section 11-9 of the Public Aid Code or (ii) |
that pertain to appeals under Section 11-8 of the Public |
Aid Code. |
(29) Meetings between internal or external auditors |
and governmental audit committees, finance committees, and |
their equivalents, when the discussion involves internal |
control weaknesses, identification of potential fraud risk |
areas, known or suspected frauds, and fraud interviews |
conducted in accordance with generally accepted auditing |
standards of the United States of America. |
(30) Those meetings or portions of meetings of a |
fatality review team or the Illinois Fatality Review Team |
Advisory Council during which a review of the death of an |
eligible adult in which abuse or neglect is suspected, |
alleged, or substantiated is conducted pursuant to Section |
15 of the Adult Protective Services Act. |
(31) Meetings and deliberations for decisions of the |
Concealed Carry Licensing Review Board under the Firearm |
Concealed Carry Act. |
(32) Meetings between the Regional Transportation |
Authority Board and its Service Boards when the discussion |
involves review by the Regional Transportation Authority |
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Board of employment contracts under Section 28d of the |
Metropolitan Transit Authority Act and Sections 3A.18 and |
3B.26 of the Regional Transportation Authority Act. |
(33) Those meetings meeting or portions of meetings of |
the advisory committee and peer review subcommittee |
created under Section 320 of the Illinois Controlled |
Substances Act during which specific controlled substance |
prescriber, dispenser, or patient information is |
discussed. |
(d) Definitions. For purposes of this Section:
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"Employee" means a person employed by a public body whose |
relationship
with the public body constitutes an |
employer-employee relationship under
the usual common law |
rules, and who is not an independent contractor.
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"Public office" means a position created by or under the
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Constitution or laws of this State, the occupant of which is |
charged with
the exercise of some portion of the sovereign |
power of this State. The term
"public office" shall include |
members of the public body, but it shall not
include |
organizational positions filled by members thereof, whether
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established by law or by a public body itself, that exist to |
assist the
body in the conduct of its business.
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"Quasi-adjudicative body" means an administrative body |
charged by law or
ordinance with the responsibility to conduct |
hearings, receive evidence or
testimony and make |
determinations based
thereon, but does not include
local |
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electoral boards when such bodies are considering petition |
challenges.
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(e) Final action. No final action may be taken at a closed |
meeting.
Final action shall be preceded by a public recital of |
the nature of the
matter being considered and other information |
that will inform the
public of the business being conducted.
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(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, |
eff. 7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14; |
99-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480, eff. 9-9-15; |
revised 10-14-15.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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