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Illinois General Assembly· HB 4426Governor Approved

MWRD-HIRING, the official text

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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  -5-  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  -6-  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       -8-             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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