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Full Text of HB4426

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HB4426 - 104th General Assembly

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HB4426 Enrolled
LRB104 17784 RTM 31216 b
1

AN ACT concerning local government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Metropolitan Water Reclamation District Act
5
is amended by changing Sections 4.7, 4.8, 4.9, 4.11, and 4.13
6
as follows:

7

(70 ILCS 2605/4.7)

(from Ch. 42, par. 323.7)
8

Sec. 4.7.
Examinations and eligible lists.

All applicants
9
for offices or places in said classified civil service, except
10
for the positions of deputy director of engineering, deputy
11
director of monitoring and research, deputy director of
12
maintenance and operations, assistant director of engineering,
13
assistant director of maintenance and operations, deputy
14
general counsel, head assistant attorneys, assistant director
15
of monitoring and research, assistant director of information
16
technology, assistant director of human resources,
17
comptroller, assistant treasurer, assistant director of
18
procurement and materials management, and laborers, shall be
19
subjected to examination, which shall be public and
20
competitive with limitations specified in the rules of the
21
Director as to residence, age, sex, health, habits, moral
22
character and qualifications to perform the duties of the
23
office or place to be filled, which qualifications shall be

HB4426 Enrolled
- 2 -
LRB104 17784 RTM 31216 b
1
prescribed in advance of such examination. Such examinations
2
shall be practical in their character, and shall relate to
3
those matters which will fairly test the relative capacity of
4
the persons examined to discharge the duties of the position
5
to which they seek to be appointed, and may include tests of
6
physical qualifications and health and when appropriate, of
7
manual skill. No question in any examination shall relate to
8
political or religious opinions or affiliations. The Director
9
shall control all examinations, and may, whenever an
10
examination is to take place, designate a suitable number of
11
persons to be special examiners and it shall be the duty of
12
such special examiners to conduct such examinations as the
13
Director may direct, and to make return and report thereof to
14
him; and
the Director

he
may
,
at any time
,
substitute any other
15
person in the place of any one so selected; and
the Director

he

16
may
himself
, at any time, act as such special examiner, and
17
without appointing other special examiners. The Director
18
shall, by rule, provide for and shall hold sufficient number
19
of examinations to provide a sufficient number of
candidates

20
eligibles
on the
eligible list

register
for each
21
classification

grade of position
in the classified civil
22
service, and if any place in the classified civil service
23
shall become vacant, to which there is
not a sufficient number
24
of candidates

no person eligible
for appointment,
the Director

25
he
shall hold an examination for such position and repeat the
26
same, if necessary, until a vacancy is filled in accordance

HB4426 Enrolled
- 3 -
LRB104 17784 RTM 31216 b
1
with the provisions of this Act.
2

Eligible
lists

registers
shall remain in force for
between
3
1 and
3 years, except the eligible
list

register
for laborers
4
which shall remain in force for 4 years and except the eligible
5
lists

registers
for student programs and entry level
6
engineering positions which, in the Director's discretion, may
7
remain in force for one year.
The duration of the eligible list
8
shall be announced in advance of the examination in accordance
9
with Section 4.8.

10

Examinations for an eligible list for each position in the
11
classified service above mentioned shall be held at least once
12
in 3 years and at least annually for student programs and entry
13
level engineering positions if the Director has limited the
14
duration of the
eligible lists

registers
for those positions
15
to one year, unless the Director determines that such
16
examinations are not necessary because no vacancy exists.
17

To help defray expenses of examinations, the sanitary
18
district may, but need not, charge a fee to each applicant who
19
desires to take a civil service examination provided for by
20
this Act. The amount of such fees shall be set by the corporate
21
authority of the sanitary district. Such fees shall be
22
deposited in the corporate fund of the district.
23
(Source: P.A. 94-1070, eff. 11-29-06; 95-923, eff. 1-1-09.)

24

(70 ILCS 2605/4.8)

(from Ch. 42, par. 323.8)
25

Sec. 4.8.
Notice of the time and place
,

and
general scope
,

HB4426 Enrolled
- 4 -
LRB104 17784 RTM 31216 b
1
and
fee
, and duration of the eligible list
of every
2
examination and of the duties, pay
,
and nature of the position
3
sought to be filled shall be given by the Director by
4
publication for 2 weeks preceding such examination, in a daily
5
newspaper of general circulation published in the county in
6
which said sanitary district is situated and such notice shall
7
be posted by him in a conspicuous place in his office for 2
8
weeks before such examinations.
9
(Source: Laws 1963, p. 2477
.)

10

(70 ILCS 2605/4.9)

(from Ch. 42, par. 323.9)
11

Sec. 4.9.
From the return or reports of examiners, or from
12
the examinations which he or she has made, the Director shall
13
prepare
an eligible list

a register
for each grade or class of
14
positions in the classified service of the sanitary district
15
of the persons who shall attain such minimum mark as may be
16
fixed by the Director for any part of such examination, and
17
whose general average standing upon examination for such grade
18
or class is not less than the minimum fixed by the rules of the
19
Director, and who are otherwise eligible; and such persons
20
shall take rank upon the
eligible list

register
as candidates
21
in the order of their relative excellence as determined by
22
examination, without reference to priority of time of
23
examination. The Director may substitute categories designated
24
as A, B, and C for numerical ratings and establish eligible
25
lists

registers
accordingly. The notice of examination shall

HB4426 Enrolled
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LRB104 17784 RTM 31216 b
1
specify the category or categories upon which selection will
2
be made.
3
(Source: P.A. 97-124, eff. 7-14-11.)

4

(70 ILCS 2605/4.11)

(from Ch. 42, par. 323.11)
5

Sec. 4.11.
Appointments.
Whenever a position classified
6
under this Act is to be filled, except the positions of deputy
7
director of engineering, deputy director of monitoring and
8
research, deputy director of maintenance and operations,
9
assistant director of engineering, assistant director of
10
maintenance and operations, deputy general counsel, head
11
assistant attorneys, assistant director of monitoring and
12
research, assistant director of information technology,
13
comptroller, assistant treasurer, assistant director of
14
procurement and materials management, assistant director of
15
human resources, and laborers, the Executive Director shall
16
make requisition upon the Director, and the Director shall
17
certify to
the Executive Director

him or her
from the
eligible
18
list

register of eligibles
for the position the names (a) of
19
the five candidates standing highest upon the
eligible list

20
register of eligibles
for the position, or (b) of the
21
candidates within the A category upon the
eligible list

22
register of eligibles
if the
list

register
is by categories
23
designated as A, B, and C, provided, however, that any
24
certification shall consist of at least 5 candidates, if
25
available. If fewer than 5 candidates are in the A category,

HB4426 Enrolled
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LRB104 17784 RTM 31216 b
1
then the Director shall also certify all of the candidates in
2
the B category. If fewer than 5 candidates are in the A and B
3
categories combined, then the Director shall also certify all
4
of the candidates in the C category.
If fewer than 5 candidates
5
are in the A, B, and C categories combined, then the Director
6
may delay certification to fill a vacancy and hold an
7
examination to provide a sufficient number of candidates on an
8
updated eligible list. Candidates passing the subsequent
9
examination shall take rank or be placed in the appropriate
10
category upon the updated eligible list as determined by the
11
candidate's exam performance. Certification shall be made in
12
accordance with this Section but without preference as to
13
priority of time of examination, except that the candidates
14
that were remaining on the prior unexpired eligible list shall
15
be included in the certified group, regardless of their
16
category, for all requisitions until the expiration date of
17
the prior eligible list.
The Executive Director shall notify
18
the Director of each position to be filled separately and
19
shall fill the position by appointment of one of the certified
20
candidates. The Executive Director's appointment decision
21
shall be final and not subject to review. An appointed
22
candidate shall be a probationary appointee on probation for a
23
period to be fixed by the rules, not exceeding 250 days worked
24
by the probationary appointee in the position of probationary
25
appointment. At any time during the period of probation, the
26
Executive Director with the approval of the Director may

HB4426 Enrolled
- 7 -
LRB104 17784 RTM 31216 b
1
terminate a probationary appointee and shall notify the civil
2
service board in writing of the termination; however, the
3
Executive Director's termination of a probationary appointee
4
shall be final and not subject to review. At any time during
5
the period of probation, a probationary appointee may make a
6
written request to voluntarily terminate a probationary
7
appointment, and if approved by the Executive Director, such
8
voluntary termination shall be final and not subject to
9
review. If a probationary appointee is not terminated,
then
10
the probationary appointee's

his or her
appointment shall be
11
deemed complete.
12

When there is no eligible list, the Executive Director
13
may, with the authority of the Director, make a temporary
14
appointment to remain in force only until a permanent
15
appointment from an eligible
register or
list can be made in
16
the manner specified in the previous provisions of this
17
Section, and examinations to supply an eligible list therefor
18
shall be held and an eligible list established therefrom
19
within one year from the making of such appointment. The
20
acceptance or refusal by an eligible person of a temporary
21
appointment does not affect his or her standing on the
22
eligible list

register
for permanent appointment.
23

In employment of an essentially temporary and transitory
24
nature, the Executive Director may, with the authority of the
25
Director of Human Resources make temporary appointments. No
26
temporary appointment of an essentially temporary and

HB4426 Enrolled
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LRB104 17784 RTM 31216 b
1
transitory nature may be granted for a period of more than 119
2
consecutive or non-consecutive working days per calendar year.
3
The Director must include in his or her annual report, and if
4
required by the commissioners, in any special report, a
5
statement of all temporary appointments made during the year
6
or period specified by the commissioners, together with a
7
statement of the facts in each case because of which the
8
authority was granted.
9

All laborers shall be appointed by the Executive Director
10
and shall be on probation for a period to be fixed by the
11
rules, not exceeding 250 days worked by the laborer in the
12
position of the probationary appointment. At any time during
13
the period of a laborer's probation, the Executive Director
14
with the approval of the Director may terminate a laborer's
15
probationary appointment and shall notify the civil service
16
board in writing of the termination; however, the Executive
17
Director's termination of a laborer's probationary appointment
18
shall be final and not subject to review. If a laborer's
19
probationary appointment is not terminated,
then
the
20
appointment shall be deemed complete.
21

The positions of deputy director of engineering, deputy
22
director of monitoring and research, deputy director of
23
maintenance and operations, assistant director of engineering,
24
assistant director of maintenance and operations, deputy
25
general counsel, head assistant attorneys, assistant director
26
of monitoring and research, assistant director of information

HB4426 Enrolled
- 9 -
LRB104 17784 RTM 31216 b
1
technology, comptroller, assistant treasurer, assistant
2
director of procurement and materials management, and
3
assistant director of human resources shall be appointed by
4
the Executive Director upon the recommendation of the
5
respective department head and shall be on probation for a
6
period to be fixed by the rules, not exceeding
2

two
years. At
7
any time during the period of probation, the Executive
8
Director on the recommendation of the department head
9
concerned, may terminate any such probationary appointee and
10
he or she shall notify the Civil Service Board in writing of
11
the termination; however, the Executive Director's termination
12
of a probationary appointee shall be final and not subject to
13
review. If a probationary appointee is not terminated,
then
14
the probationary appointee's

his or her
appointment shall be
15
deemed complete under the laws governing the classified civil
16
service.
17
(Source: P.A. 99-481, eff. 9-22-15.)

18

(70 ILCS 2605/4.13)

(from Ch. 42, par. 323.13)
19

Sec. 4.13.
The following offices and places of employment,
20
insofar as there are or may be such in the sanitary district,
21
shall not be included within the classified civil service: All
22
elective officers, the deputy executive director, the director
23
of human resources, the clerk, treasurer, director of
24
engineering, general counsel, executive director, director of
25
maintenance and operations, director of procurement and

HB4426 Enrolled
- 10 -
LRB104 17784 RTM 31216 b
1
materials management, director of monitoring and research,
2
director of information technology, public and
3
intergovernmental affairs officer, administrative services
4
officer, and secretary and administrative aide to the
5
president of the board of trustees, members of the civil
6
service board and special examiners appointed by the civil
7
service board and the
secretaries

aides
to the officers and
8
aides to the
individual trustees, and those employed for
9
periods not exceeding 5 years under any apprentice program,
10
training or intern programs funded wholly or in part by grants
11
from the State of Illinois or the United States of America.
12
Further, apprentices in a sanitary district apprenticeship
13
program for the trades
, plant operations, or laboratory
14
operations
shall not be included within the classified civil
15
service. Entry into a sanitary district apprenticeship program
16
for the trades
shall be by lottery. Graduates of
these

a

17
sanitary district apprenticeship
programs

program
for the
18
trades shall be given additional points, in an amount to be
19
determined by the Director of Human Resources, on examinations
20
for civil service journeymen positions in the trades
or
21
entry-level positions in plant operations or laboratory
22
operations classifications
at the sanitary district.
If an
23
eligible list for the civil service journeyman trades or
24
entry-level plant operations or laboratory operations
25
classification already exists at the time the district
26
apprentice completes the district program, then a special

HB4426 Enrolled
- 11 -
LRB104 17784 RTM 31216 b
1
administration of the examination may be scheduled by the
2
Director. The examination shall use the same tests taken by
3
the candidates on the current eligible list. If the apprentice
4
attains a passing score on the examination, then the
5
apprentice shall be added to the eligible list in the
6
appropriate category based on the score. The apprentice's name
7
shall remain on the eligible list until its scheduled
8
expiration date.

9
(Source: P.A. 104-205, eff. 1-1-26
.)

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