Bill Text: IL SB1222 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Open Meetings Act, the Counties Code, the Township Code, and the Illinois Municipal Code to require that, before the county board, the township board, or the corporate authorities of a municipality may vote on an officer's or employee's increase in earnings that exceeds his or her earnings for the previous calendar year by more than 6%, the county board, the township board, or the corporate authorities shall conduct a public hearing addressing the proposed increase in earnings. Requires publication of notice of the public hearing. Pre-empts home rule powers. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB1222 Detail]

Download: Illinois-2013-SB1222-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB1222 Introduced 1/30/2013, by Sen. Matt Murphy SYNOPSIS AS INTRODUCED:
5 ILCS 120/2 from Ch. 102, par. 42
55 ILCS 5/5-1100.5 new
60 ILCS 1/80-13 new
65 ILCS 5/3.1-50-30 new
30 ILCS 805/8.37 new
Amends the Open Meetings Act, the Counties Code, the Township Code, and the Illinois Municipal Code to require that, before the county board, the township board, or the corporate authorities of a municipality may vote on an officer's or employee's increase in earnings that exceeds his or her earnings for the previous calendar year by more than 6%, the county board, the township board, or the corporate authorities shall conduct a public hearing addressing the proposed increase in earnings. Requires publication of notice of the public hearing. Pre-empts home rule powers. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
LRB098 06133 JDS 36174 b
FISCAL NOTE ACT MAY APPLY HOME RULE NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
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AN ACT concerning local government employees.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Open Meetings Act is amended by changing
Section 2 as follows:
(5 ILCS 120/2) (from Ch. 102, par. 42)
Sec. 2. Open meetings.
(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.
(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.
(c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
(1) Except as provided in Section 5-1100.5 of the
Counties Code, Section 80-13 of the Township Code, and
Section 3.1-50-30 of the Illinois Municipal Code, the The
appointment, employment, compensation, discipline,

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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.
(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.
(3) The selection of a person to fill a public office,
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.
(4) Evidence or testimony presented in open hearing, or
in closed hearing where specifically authorized by law, to
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.
(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.
(7) The sale or purchase of securities, investments, or
investment contracts. This exception shall not apply to the
investment of assets or income of funds deposited into the
Illinois Prepaid Tuition Trust Fund.
(8) Security procedures 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.
(9) Student disciplinary cases.
(10) The placement of individual students in special
education programs and other matters relating to
individual students.
(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
recorded and entered into the minutes of the closed
meeting.
(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
prejudiced, or the review or discussion of claims, loss or

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risk management information, records, data, advice or
communications from or with respect to any insurer of the
public body or any intergovernmental risk management
association or self insurance pool of which the public body
is a member.
(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.
(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.
(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.
(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.
(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

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body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures
Act.
(20) The classification and discussion of matters
classified as confidential or continued confidential by
the State Government Suggestion Award Board.
(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.
(22) Deliberations for decisions of the State
Emergency Medical Services Disciplinary Review Board.
(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.
(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.
(25) Meetings of an independent team of experts under

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Brian's Law.
(26) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review
Team Act.
(27) Confidential information, when discussed by one
or more members of an elder abuse fatality review team,
designated under Section 15 of the Elder Abuse and Neglect
Act, while participating in a review conducted by that team
of the death of an elderly person in which abuse or neglect
is suspected, alleged, or substantiated; provided that
before the review team holds a closed meeting, or closes an
open meeting, to discuss the confidential information,
each participating review team member seeking to disclose
the confidential information in the closed meeting or
closed portion of the meeting must state on the record
during an open meeting or the open portion of a meeting the
nature of the information to be disclosed and the legal
basis for otherwise holding that information confidential.
(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

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areas, known or suspected frauds, and fraud interviews
conducted in accordance with generally accepted auditing
standards of the United States of America.
(d) Definitions. For purposes of this Section:
"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.
"Public office" means a position created by or under the
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
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
"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
electoral boards when such bodies are considering petition
challenges.
(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. 96-1235, eff. 1-1-11; 96-1378, eff. 7-29-10;
96-1428, eff. 8-11-10; 97-318, eff. 1-1-12; 97-333, eff.
8-12-11; 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876,
eff. 8-1-12.)
Section 10. The Counties Code is amended by adding Section
5-1100.5 as follows:
(55 ILCS 5/5-1100.5 new)
Sec. 5-1100.5. Salary increases; public hearing. Before
the county board may vote on an officer's or employee's
increase in salary that exceeds his or her salary for the
previous calendar year by more than 6%, the county board shall
conduct a public hearing addressing the proposed increase in
salary. The county board shall cause to be prepared a notice of
the public hearing stating the date, time, place, and purpose
of the hearing. The county board shall cause the notice to be
published in a newspaper of general circulation in the county
not less than 15 nor more than 30 days before the date of the
hearing. At the public hearing, all persons desiring to offer
statements or other evidence in support of or in opposition to
the proposed increase in salary shall be afforded an
opportunity to do so orally, in writing, or both, prior to the
vote on the increase.
No county, including a home rule county, may act in a
manner inconsistent with this Section. This Section is a denial

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and limitation of home rule powers under subsection (i) of
Section 6 of Article VII of the Illinois Constitution.
Section 15. The Township Code is amended by adding Section
80-13 as follows:
(60 ILCS 1/80-13 new)
Sec. 80-13. Salary increases; public hearing. Before the
township board may vote on an officer's or employee's increase
in salary that exceeds his or her salary for the previous
calendar year by more than 6%, the township board shall conduct
a public hearing addressing the proposed increase in salary.
The township board shall cause to be prepared a notice of the
public hearing stating the date, time, place, and purpose of
the hearing. The township board shall cause the notice to be
published in a newspaper of general circulation in the township
not less than 15 nor more than 30 days before the date of the
hearing. At the public hearing, all persons desiring to offer
statements or other evidence in support of or in opposition to
the proposed increase in salary shall be afforded an
opportunity to do so orally, in writing, or both, prior to the
vote on the increase.
Section 20. The Illinois Municipal Code is amended by
adding Section 3.1-50-30 as follows:

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(65 ILCS 5/3.1-50-30 new)
Sec. 3.1-50-30. Salary increases; public hearing. Before
the corporate authorities of a municipality may vote on an
officer's or employee's increase in salary that exceeds his or
her salary for the previous calendar year by more than 6%, the
corporate authorities shall conduct a public hearing
addressing the proposed increase in salary. The corporate
authorities shall cause to be prepared a notice of the public
hearing stating the date, time, place, and purpose of the
hearing. The corporate authorities shall cause the notice to be
published in a newspaper of general circulation in the
municipality not less than 15 nor more than 30 days before the
date of the hearing. At the public hearing, all persons
desiring to offer statements or other evidence in support of or
in opposition to the proposed increase in salary shall be
afforded an opportunity to do so orally, in writing, or both,
prior to the vote on the increase.
No municipality, including a home rule municipality, may
act in a manner inconsistent with this Section. This Section is
a denial and limitation of home rule powers under subsection
(i) of Section 6 of Article VII of the Illinois Constitution.
Section 90. The State Mandates Act is amended by adding
Section 8.37 as follows:
(30 ILCS 805/8.37 new)

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Sec. 8.37. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 98th General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.