Bill Text: IL HB5750 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Metropolitan Transit Authority Act and the Regional Transportation Authority Act. Provides that if the Chicago Transit Board, the Commuter Rail Board, or the Suburban Bus Board or any officer, attorney, employee, or agent of the Chicago Transit Board, the Commuter Rail Board, the Suburban Bus Board, or the Regional Transportation Authority intends to award a bonus that exceeds 10% of the recipient's salary, that bonus shall be approved by the Regional Transportation Authority Board prior to the award. Provides that if any of the Service Boards seek to enter into a severance agreement or an employment-related settlement agreement exceeding $50,000, that agreement shall be reviewed by the Regional Transportation Authority Board for approval prior to execution. Requires the Regional Transportation Authority Board to review the agreement to determine whether the terms are reasonable and in the region's best interest. Provides that the service boards may only enter into severance agreements or employment-related settlement agreements that have received the Regional Transportation Authority Board's prior approval.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB5750 Detail]

Download: Illinois-2013-HB5750-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB5750 Introduced , by Rep. Michael W. Tryon SYNOPSIS AS INTRODUCED:
70 ILCS 3605/28 from Ch. 111 2/3, par. 328
70 ILCS 3615/2.14 from Ch. 111 2/3, par. 702.14
70 ILCS 3615/3A.05 from Ch. 111 2/3, par. 703A.05
70 ILCS 3615/3B.05 from Ch. 111 2/3, par. 703B.05
70 ILCS 3615/4.15 new
Amends the Metropolitan Transit Authority Act and the Regional Transportation Authority Act. Provides that if the Chicago Transit Board, the Commuter Rail Board, or the Suburban Bus Board or any officer, attorney, employee, or agent of the Chicago Transit Board, the Commuter Rail Board, the Suburban Bus Board, or the Regional Transportation Authority intends to award a bonus that exceeds 10% of the recipient's salary, that bonus shall be approved by the Regional Transportation Authority Board prior to the award. Provides that if any of the Service Boards seek to enter into a severance agreement or an employment-related settlement agreement exceeding $50,000, that agreement shall be reviewed by the Regional Transportation Authority Board for approval prior to execution. Requires the Regional Transportation Authority Board to review the agreement to determine whether the terms are reasonable and in the region's best interest. Provides that the service boards may only enter into severance agreements or employment-related settlement agreements that have received the Regional Transportation Authority Board's prior approval.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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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 Transit Authority Act is
amended by changing Section 28 as follows:
(70 ILCS 3605/28) (from Ch. 111 2/3, par. 328)
Sec. 28. The Board shall classify all the offices,
positions and grades of regular and exempt employment required,
excepting that of the Chairman of the Board, the Executive
Director, Secretary, Treasurer, General Counsel, and Chief
Engineer, with reference to the duties, job title, job schedule
number, and the compensation fixed therefor, and adopt rules
governing appointments to any of such offices or positions on
the basis of merit and efficiency. The job title shall be
generally descriptive of the duties performed in that job, and
the job schedule number shall be used to identify a job title
and to further classify positions within a job title. No
discrimination shall be made in any appointment or promotion to
any office, position, or grade of regular employment because of
race, creed, color, sex, national origin, physical or mental
handicap unrelated to ability, or political or religious
affiliations. No officer or employee in regular employment
shall be discharged or demoted except for cause which is

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detrimental to the service. Any officer or employee in regular
employment who is discharged or demoted may file a complaint in
writing with the Board within ten days after notice of his or
her discharge or demotion. If an employee is a member of a
labor organization the complaint may be filed by such
organization for and in behalf of such employee. The Board
shall grant a hearing on such complaint within thirty (30) days
after it is filed. The time and place of the hearing shall be
fixed by the Board and due notice thereof given to the
complainant, the labor organization by or through which the
complaint was filed and the Executive Director. The hearing
shall be conducted by the Board, or any member thereof or any
officers' committee or employees' committee appointed by the
Board. The complainant may be represented by counsel. If the
Board finds, or approves a finding of the member or committee
appointed by the Board, that the complainant has been unjustly
discharged or demoted, he or she shall be restored to his or
her office or position with back pay. The decision of the Board
shall be final and not subject to review. The Board may
designate such offices, positions, and grades of employment as
exempt as it deems necessary for the efficient operation of the
business of the Authority. The total number of employees
occupying exempt offices, positions, or grades of employment
may not exceed 3% of the total employment of the Authority. All
exempt offices, positions, and grades of employment shall be at
will. No discrimination shall be made in any appointment or

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promotion to any office, position, or grade of exempt
employment because of race, creed, color, sex, national origin,
physical or mental handicap unrelated to ability, or religious
or political affiliation. The Board may abolish any vacant or
occupied office or position. Additionally, the Board may reduce
the force of employees for lack of work or lack of funds as
determined by the Board. When the number of positions or
employees holding positions of regular employment within a
particular job title and job schedule number are reduced, those
employees with the least company seniority in that job title
and job schedule number shall be first released from regular
employment service. For a period of one year, an employee
released from service shall be eligible for reinstatement to
the job title and job schedule number from which he or she was
released, in order of company seniority, if additional force of
employees is required. "Company seniority" as used in this
Section means the overall employment service credited to an
employee by the Authority since the employee's most recent date
of hire irrespective of job titles held. If 2 or more employees
have the same company seniority date, time in the affected job
title and job schedule number shall be used to break the
company seniority tie. For purposes of this Section, company
seniority shall be considered a working condition. When
employees are represented by a labor organization that has a
labor agreement with the Authority, the wages, hours, and
working conditions (including, but not limited to, seniority

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rights) shall be governed by the terms of the agreement. Exempt
employment shall not include any employees who are represented
by a labor organization that has a labor agreement with the
Authority.
No employee, officer, or agent of the Chicago Transit Board
may receive a bonus that exceeds 10% of his or her annual
salary unless that bonus has been approved by the Regional
Transportation Authority Board.
(Source: P.A. 90-183, eff. 1-1-98.)
Section 10. The Regional Transportation Authority Act is
amended by changing Sections 2.14, 3A.05 and 3B.05 and by
adding Section 4.15 as follows:
(70 ILCS 3615/2.14) (from Ch. 111 2/3, par. 702.14)
Sec. 2.14. Appointment of Officers and Employees. The
Authority may appoint, retain and employ officers, attorneys,
agents, engineers and employees. The officers shall include an
Executive Director, who shall be the chief executive officer of
the Authority, appointed by the Chairman with the concurrence
of 11 of the other then Directors of the Board. The Executive
Director shall organize the staff of the Authority, shall
allocate their functions and duties, shall transfer such staff
to the Suburban Bus Division and the Commuter Rail Division as
is sufficient to meet their purposes, shall fix compensation
and conditions of employment of the staff of the Authority, and

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consistent with the policies of and direction from the Board,
take all actions necessary to achieve its purposes, fulfill its
responsibilities and carry out its powers, and shall have such
other powers and responsibilities as the Board shall determine.
The Executive Director must be an individual of proven
transportation and management skills and may not be a member of
the Board. The Authority may employ its own professional
management personnel to provide professional and technical
expertise concerning its purposes and powers and to assist it
in assessing the performance of the Service Boards in the
metropolitan region.
No employee, officer, or agent of the Authority may receive
a bonus that exceeds 10% of his or her annual salary unless
that bonus has been approved by the Board.
No unlawful discrimination, as defined and prohibited in
the Illinois Human Rights Act, shall be made in any term or
aspect of employment nor shall there be discrimination based
upon political reasons or factors. The Authority shall
establish regulations to insure that its discharges shall not
be arbitrary and that hiring and promotion are based on merit.
The Authority shall be subject to the "Illinois Human
Rights Act", as now or hereafter amended, and the remedies and
procedure established thereunder. The Authority shall file an
affirmative action program for employment by it with the
Department of Human Rights to ensure that applicants are
employed and that employees are treated during employment,

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without regard to unlawful discrimination. Such affirmative
action program shall include provisions relating to hiring,
upgrading, demotion, transfer, recruitment, recruitment
advertising, selection for training and rates of pay or other
forms of compensation.
(Source: P.A. 95-708, eff. 1-18-08.)
(70 ILCS 3615/3A.05) (from Ch. 111 2/3, par. 703A.05)
Sec. 3A.05. Appointment of officers and employees. The
Suburban Bus Board shall appoint an Executive Director who
shall be the chief executive officer of the Division,
appointed, retained or dismissed with the concurrence of 9 of
the directors of the Suburban Bus Board. The Executive Director
shall appoint, retain and employ officers, attorneys, agents,
engineers, employees and shall organize the staff, shall
allocate their functions and duties, fix compensation and
conditions of employment, and consistent with the policies of
and direction from the Suburban Bus Board take all actions
necessary to achieve its purposes, fulfill its
responsibilities and carry out its powers, and shall have such
other powers and responsibilities as the Suburban Bus Board
shall determine. The Executive Director shall be an individual
of proven transportation and management skills and may not be a
member of the Suburban Bus Board. The Division may employ its
own professional management personnel to provide professional
and technical expertise concerning its purposes and powers and

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to assist it in assessing the performance of transportation
agencies in the metropolitan region.
No employee, officer, or agent of the Suburban Bus Board
may receive a bonus that exceeds 10% of his or her annual
salary unless that bonus has been approved by the Regional
Transportation Authority Board.
No unlawful discrimination, as defined and prohibited in
the Illinois Human Rights Act, shall be made in any term or
aspect of employment nor shall there be discrimination based
upon political reasons or factors. The Suburban Bus Board shall
establish regulations to insure that its discharges shall not
be arbitrary and that hiring and promotion are based on merit.
The Division shall be subject to the "Illinois Human Rights
Act", as now or hereafter amended, and the remedies and
procedure established thereunder. The Suburban Bus Board shall
file an affirmative action program for employment by it with
the Department of Human Rights to ensure that applicants are
employed and that employees are treated during employment,
without regard to unlawful discrimination. Such affirmative
action program shall include provisions relating to hiring,
upgrading, demotion, transfer, recruitment, recruitment
advertising, selection for training and rates of pay or other
forms of compensation.
(Source: P.A. 95-906, eff. 8-26-08.)
(70 ILCS 3615/3B.05) (from Ch. 111 2/3, par. 703B.05)

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Sec. 3B.05. Appointment of officers and employees. The
Commuter Rail Board shall appoint an Executive Director who
shall be the chief executive officer of the Division,
appointed, retained or dismissed with the concurrence of 8 of
the directors of the Commuter Rail Board. The Executive
Director shall appoint, retain and employ officers, attorneys,
agents, engineers, employees and shall organize the staff,
shall allocate their functions and duties, fix compensation and
conditions of employment, and consistent with the policies of
and direction from the Commuter Rail Board take all actions
necessary to achieve its purposes, fulfill its
responsibilities and carry out its powers, and shall have such
other powers and responsibilities as the Commuter Rail Board
shall determine. The Executive Director shall be an individual
of proven transportation and management skills and may not be a
member of the Commuter Rail Board. The Division may employ its
own professional management personnel to provide professional
and technical expertise concerning its purposes and powers and
to assist it in assessing the performance of transportation
agencies in the metropolitan region.
No employee, officer, or agent of the Commuter Rail Board
may receive a bonus that exceeds 10% of his or her annual
salary unless that bonus has been approved by the Regional
Transportation Authority Board.
No unlawful discrimination, as defined and prohibited in
the Illinois Human Rights Act, shall be made in any term or

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aspect of employment nor shall there be discrimination based
upon political reasons or factors. The Commuter Rail Board
shall establish regulations to insure that its discharges shall
not be arbitrary and that hiring and promotion are based on
merit.
The Division shall be subject to the "Illinois Human Rights
Act", as now or hereafter amended, and the remedies and
procedure established thereunder. The Commuter Rail Board
shall file an affirmative action program for employment by it
with the Department of Human Rights to ensure that applicants
are employed and that employees are treated during employment,
without regard to unlawful discrimination. Such affirmative
action program shall include provisions relating to hiring,
upgrading, demotion, transfer, recruitment, recruitment
advertising, selection for training and rates of pay or other
forms of compensation.
(Source: P.A. 95-708, eff. 1-18-08.)
(70 ILCS 3615/4.15 new)
Sec. 4.15. Severance and employment-related settlement
agreements. If any of the Service Boards seek to enter into a
severance agreement or an employment-related settlement
agreement exceeding $50,000, that agreement shall be reviewed
by the Board for approval prior to execution. The Board shall
review the agreement to determine whether the terms are
reasonable and in the region's best interest. The Service

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Boards may only enter into severance agreements or
employment-related settlement agreements that have received
the Board's prior approval.