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| 1 | | included within an enumerated exception.
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| 2 | | (c) Exceptions. A public body may hold closed meetings to |
| 3 | | consider the
following subjects:
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| 4 | | (1) The appointment, employment, compensation, |
| 5 | | discipline, performance,
or dismissal of specific |
| 6 | | employees of the public body or legal counsel for
the |
| 7 | | public body, including hearing
testimony on a complaint |
| 8 | | lodged against an employee of the public body or
against |
| 9 | | legal counsel for the public body to determine its |
| 10 | | validity.
|
| 11 | | (2) Collective negotiating matters between the public |
| 12 | | body and its
employees or their representatives, or |
| 13 | | deliberations concerning salary
schedules for one or more |
| 14 | | classes of employees.
|
| 15 | | (3) The selection of a person to fill a public office,
|
| 16 | | as defined in this Act, including a vacancy in a public |
| 17 | | office, when the public
body is given power to appoint |
| 18 | | under law or ordinance, or the discipline,
performance or |
| 19 | | removal of the occupant of a public office, when the public |
| 20 | | body
is given power to remove the occupant under law or |
| 21 | | ordinance.
|
| 22 | | (4) Evidence or testimony presented in open hearing, or |
| 23 | | in closed
hearing where specifically authorized by law, to
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| 24 | | a quasi-adjudicative body, as defined in this Act, provided |
| 25 | | that the body
prepares and makes available for public |
| 26 | | inspection a written decision
setting forth its |
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| 1 | | determinative reasoning.
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| 2 | | (5) The purchase or lease of real property for the use |
| 3 | | of
the public body, including meetings held for the purpose |
| 4 | | of discussing
whether a particular parcel should be |
| 5 | | acquired.
|
| 6 | | (6) The setting of a price for sale or lease of |
| 7 | | property owned
by the public body.
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| 8 | | (7) The sale or purchase of securities, investments, or |
| 9 | | investment
contracts. This exception shall not apply to the |
| 10 | | investment of assets or income of funds deposited into the |
| 11 | | Illinois Prepaid Tuition Trust Fund.
|
| 12 | | (8) Security procedures and the use of personnel and
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| 13 | | equipment to respond to an actual, a threatened, or a |
| 14 | | reasonably
potential danger to the safety of employees, |
| 15 | | students, staff, the public, or
public
property.
|
| 16 | | (9) Student disciplinary cases.
|
| 17 | | (10) The placement of individual students in special |
| 18 | | education
programs and other matters relating to |
| 19 | | individual students.
|
| 20 | | (11) Litigation, when an action against, affecting or |
| 21 | | on behalf of the
particular public body has been filed and |
| 22 | | is pending before a court or
administrative tribunal, or |
| 23 | | when the public body finds that an action is
probable or |
| 24 | | imminent, in which case the basis for the finding shall be
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| 25 | | recorded and entered into the minutes of the closed |
| 26 | | meeting.
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| 1 | | (12) The establishment of reserves or settlement of |
| 2 | | claims as provided
in the Local Governmental and |
| 3 | | Governmental Employees Tort Immunity Act, if
otherwise the |
| 4 | | disposition of a claim or potential claim might be
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| 5 | | prejudiced, or the review or discussion of claims, loss or |
| 6 | | risk management
information, records, data, advice or |
| 7 | | communications from or with respect
to any insurer of the |
| 8 | | public body or any intergovernmental risk management
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| 9 | | association or self insurance pool of which the public body |
| 10 | | is a member.
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| 11 | | (13) Conciliation of complaints of discrimination in |
| 12 | | the sale or rental
of housing, when closed meetings are |
| 13 | | authorized by the law or ordinance
prescribing fair housing |
| 14 | | practices and creating a commission or
administrative |
| 15 | | agency for their enforcement.
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| 16 | | (14) Informant sources, the hiring or assignment of |
| 17 | | undercover personnel
or equipment, or ongoing, prior or |
| 18 | | future criminal investigations, when
discussed by a public |
| 19 | | body with criminal investigatory responsibilities.
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| 20 | | (15) Professional ethics or performance when |
| 21 | | considered by an advisory
body appointed to advise a |
| 22 | | licensing or regulatory agency on matters
germane to the |
| 23 | | advisory body's field of competence.
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| 24 | | (16) Self evaluation, practices and procedures or |
| 25 | | professional ethics,
when meeting with a representative of |
| 26 | | a statewide association of which the
public body is a |
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| 1 | | member.
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| 2 | | (17) The recruitment, credentialing, discipline or |
| 3 | | formal peer review
of physicians or other
health care |
| 4 | | professionals for a hospital, or
other institution |
| 5 | | providing medical care, that is operated by the public |
| 6 | | body.
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| 7 | | (18) Deliberations for decisions of the Prisoner |
| 8 | | Review Board.
|
| 9 | | (19) Review or discussion of applications received |
| 10 | | under the
Experimental Organ Transplantation Procedures |
| 11 | | Act.
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| 12 | | (20) The classification and discussion of matters |
| 13 | | classified as
confidential or continued confidential by |
| 14 | | the State Government Suggestion Award
Board.
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| 15 | | (21) Discussion of minutes of meetings lawfully closed |
| 16 | | under this Act,
whether for purposes of approval by the |
| 17 | | body of the minutes or semi-annual
review of the minutes as |
| 18 | | mandated by Section 2.06.
|
| 19 | | (22) Deliberations for decisions of the State
|
| 20 | | Emergency Medical Services Disciplinary
Review Board.
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| 21 | | (23) The operation by a municipality of a municipal |
| 22 | | utility or the
operation of a
municipal power agency or |
| 23 | | municipal natural gas agency when the
discussion involves |
| 24 | | (i) contracts relating to the
purchase, sale, or delivery |
| 25 | | of electricity or natural gas or (ii) the results
or |
| 26 | | conclusions of load forecast studies.
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| 1 | | (24) Meetings of a residential health care facility |
| 2 | | resident sexual
assault and death review
team or
the |
| 3 | | Executive
Council under the Abuse Prevention Review
Team |
| 4 | | Act.
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| 5 | | (25) Meetings of an independent team of experts under |
| 6 | | Brian's Law. |
| 7 | | (26) Meetings of a mortality review team appointed |
| 8 | | under the Department of Juvenile Justice Mortality Review |
| 9 | | Team Act. |
| 10 | | (27) (Blank). |
| 11 | | (28) Correspondence and records (i) that may not be |
| 12 | | disclosed under Section 11-9 of the Public Aid Code or (ii) |
| 13 | | that pertain to appeals under Section 11-8 of the Public |
| 14 | | Aid Code. |
| 15 | | (29) Meetings between internal or external auditors |
| 16 | | and governmental audit committees, finance committees, and |
| 17 | | their equivalents, when the discussion involves internal |
| 18 | | control weaknesses, identification of potential fraud risk |
| 19 | | areas, known or suspected frauds, and fraud interviews |
| 20 | | conducted in accordance with generally accepted auditing |
| 21 | | standards of the United States of America. |
| 22 | | (30) Those meetings or portions of meetings of an |
| 23 | | at-risk adult fatality review team or the Illinois At-Risk |
| 24 | | Adult Fatality Review Team Advisory Council during which a |
| 25 | | review of the death of an eligible adult in which abuse or |
| 26 | | neglect is suspected, alleged, or substantiated is |
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| 1 | | conducted pursuant to Section 15 of the Adult Protective |
| 2 | | Services Act. |
| 3 | | (31) (30) Meetings and deliberations for decisions of |
| 4 | | the Concealed Carry Licensing Review Board under the |
| 5 | | Firearm Concealed Carry Act. |
| 6 | | (32) Meetings between the Regional Transportation |
| 7 | | Authority Board and its Service Boards when the discussion |
| 8 | | involves review by the Regional Transportation Authority |
| 9 | | Board of employment contracts under Section 28d of the |
| 10 | | Metropolitan Transit Authority Act and Sections 3A.18 and |
| 11 | | 3B.26 of the Regional Transportation Authority Act. |
| 12 | | (d) Definitions. For purposes of this Section:
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| 13 | | "Employee" means a person employed by a public body whose |
| 14 | | relationship
with the public body constitutes an |
| 15 | | employer-employee relationship under
the usual common law |
| 16 | | rules, and who is not an independent contractor.
|
| 17 | | "Public office" means a position created by or under the
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| 18 | | Constitution or laws of this State, the occupant of which is |
| 19 | | charged with
the exercise of some portion of the sovereign |
| 20 | | power of this State. The term
"public office" shall include |
| 21 | | members of the public body, but it shall not
include |
| 22 | | organizational positions filled by members thereof, whether
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| 23 | | established by law or by a public body itself, that exist to |
| 24 | | assist the
body in the conduct of its business.
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| 25 | | "Quasi-adjudicative body" means an administrative body |
| 26 | | charged by law or
ordinance with the responsibility to conduct |
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| 1 | | hearings, receive evidence or
testimony and make |
| 2 | | determinations based
thereon, but does not include
local |
| 3 | | electoral boards when such bodies are considering petition |
| 4 | | challenges.
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| 5 | | (e) Final action. No final action may be taken at a closed |
| 6 | | meeting.
Final action shall be preceded by a public recital of |
| 7 | | the nature of the
matter being considered and other information |
| 8 | | that will inform the
public of the business being conducted.
|
| 9 | | (Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11; |
| 10 | | 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff. |
| 11 | | 8-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; revised |
| 12 | | 7-23-13.)
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| 13 | | Section 15. The Metropolitan Transit Authority Act is |
| 14 | | amended by changing Section 28 and adding Section 28d as |
| 15 | | follows:
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| 16 | | (70 ILCS 3605/28) (from Ch. 111 2/3, par. 328)
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| 17 | | Sec. 28.
The Board shall classify all the offices, |
| 18 | | positions and grades of
regular and exempt employment required, |
| 19 | | excepting that of the Chairman of
the Board,
the Executive |
| 20 | | Director, Secretary, Treasurer, General Counsel, and Chief
|
| 21 | | Engineer, with reference to the duties, job title, job schedule |
| 22 | | number, and the
compensation fixed
therefor, and adopt rules |
| 23 | | governing appointments to any of such offices or
positions on |
| 24 | | the basis of merit and efficiency.
The job title shall be |
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| 1 | | generally descriptive of the duties performed in that
job, and |
| 2 | | the job schedule number shall be used to identify a job title |
| 3 | | and to
further classify positions within a job title.
No |
| 4 | | discrimination shall be
made in any appointment or promotion to |
| 5 | | any office, position, or grade of
regular employment because of |
| 6 | | race, creed, color, sex,
national origin, physical or mental |
| 7 | | handicap unrelated to ability, or
political or religious |
| 8 | | affiliations. No officer or employee in regular
employment |
| 9 | | shall be
discharged or demoted except for cause which is |
| 10 | | detrimental to the service.
Any officer or employee in regular |
| 11 | | employment who is discharged or demoted
may file a complaint
in |
| 12 | | writing with the Board within ten days after notice of his or |
| 13 | | her discharge
or demotion. If an employee is a member of a |
| 14 | | labor organization the complaint
may be filed by such |
| 15 | | organization for and in behalf of such employee. The
Board |
| 16 | | shall grant a hearing on such complaint within thirty (30) days |
| 17 | | after
it is filed. The time and place of the hearing shall be |
| 18 | | fixed by the Board
and due notice thereof given to the |
| 19 | | complainant, the labor organization by
or through which the |
| 20 | | complaint was filed and the Executive Director. The
hearing |
| 21 | | shall be conducted by the Board, or any member thereof or any
|
| 22 | | officers' committee or employees' committee appointed by the |
| 23 | | Board. The
complainant may be represented by counsel. If the |
| 24 | | Board finds, or approves
a finding of the member or committee |
| 25 | | appointed by the Board, that the
complainant has been unjustly |
| 26 | | discharged or demoted, he or she shall be
restored to his or |
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| 1 | | her office or position with back pay. The decision of
the Board |
| 2 | | shall be final and not subject to review.
The Board may |
| 3 | | designate such offices, positions, and grades of employment as
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| 4 | | exempt as it deems necessary for the efficient operation of the |
| 5 | | business of
the Authority. The total number of employees |
| 6 | | occupying exempt offices,
positions, or grades of employment |
| 7 | | may not exceed 3% of the total employment of
the
Authority. All |
| 8 | | exempt offices, positions, and grades of employment shall be at
|
| 9 | | will. No discrimination shall be made in any appointment or |
| 10 | | promotion
to any office, position, or grade of exempt |
| 11 | | employment because of race, creed,
color, sex, national origin, |
| 12 | | physical or mental handicap unrelated to
ability, or religious |
| 13 | | or political affiliation.
The Board may abolish any vacant or |
| 14 | | occupied office or position.
Additionally, the Board may reduce |
| 15 | | the force of employees
for lack of work or lack of funds as |
| 16 | | determined by the Board.
When the number of positions or |
| 17 | | employees holding positions of regular
employment within a |
| 18 | | particular
job title and job schedule number are reduced, those |
| 19 | | employees with the least
company seniority in that job title |
| 20 | | and job schedule number shall be first
released from regular |
| 21 | | employment service. For a period of one year, an
employee |
| 22 | | released from
service shall be eligible for reinstatement to |
| 23 | | the job title and job schedule
number from which he or she was |
| 24 | | released, in order of company seniority, if
additional force of |
| 25 | | employees is required. "Company seniority" as used in this
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| 26 | | Section means the overall employment service credited to an |
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| 1 | | employee by the
Authority since the employee's most recent date |
| 2 | | of hire irrespective of job
titles held. If 2 or more employees |
| 3 | | have the same company seniority date, time
in the affected job |
| 4 | | title and job schedule
number shall be used to break the |
| 5 | | company seniority tie. For purposes of this
Section, company |
| 6 | | seniority shall be considered a working condition. When
|
| 7 | | employees are represented by a labor organization that has a |
| 8 | | labor agreement
with the Authority, the wages, hours, and |
| 9 | | working conditions (including, but
not limited to, seniority |
| 10 | | rights) shall be governed by the terms of
the agreement.
Exempt |
| 11 | | employment shall not include any employees who are represented |
| 12 | | by a
labor organization that has a labor agreement with the |
| 13 | | Authority.
|
| 14 | | No employee, officer, or agent of the Chicago Transit Board |
| 15 | | may receive a bonus that exceeds 10% of his or her annual |
| 16 | | salary unless that bonus has been reviewed for a period of 14 |
| 17 | | days by the Regional Transportation Authority Board. After 14 |
| 18 | | days, the bonus shall be considered reviewed. This Section does |
| 19 | | not apply to usual and customary salary adjustments. |
| 20 | | (Source: P.A. 90-183, eff. 1-1-98.)
|
| 21 | | (70 ILCS 3605/28d new) |
| 22 | | Sec. 28d. Employment contracts. Except as otherwise |
| 23 | | provided in Section 28a, before the Chicago Transit Board may |
| 24 | | enter into or amend any employment contract in excess of |
| 25 | | $100,000, the Chicago Transit Board must submit that contract |
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| 1 | | or amendment to the Regional Transportation Authority Board for |
| 2 | | review for a period of 14 days. After 14 days, the contract |
| 3 | | shall be considered reviewed. This Section applies only to |
| 4 | | contracts entered into or amended on or after the effective |
| 5 | | date of this amendatory Act of the 98th General Assembly.
|
| 6 | | Section 20. The Regional Transportation Authority Act is |
| 7 | | amended by changing Sections 2.14, 3A.05, 3B.05, 4.01 and by |
| 8 | | adding Sections 3A.18, 3B.26, 4.15, 4.16 and 5.06 as follows:
|
| 9 | | (70 ILCS 3615/2.14) (from Ch. 111 2/3, par. 702.14)
|
| 10 | | Sec. 2.14. Appointment of Officers and Employees. The |
| 11 | | Authority may appoint,
retain and employ officers, attorneys, |
| 12 | | agents, engineers and employees.
The officers shall include an |
| 13 | | Executive Director, who shall be the chief
executive officer of |
| 14 | | the Authority, appointed by the Chairman with the concurrence
|
| 15 | | of 11
of the other then Directors of the Board. The Executive |
| 16 | | Director
shall organize the staff of the Authority, shall
|
| 17 | | allocate their functions and duties, shall transfer such staff |
| 18 | | to the
Suburban Bus Division and the Commuter Rail
Division as |
| 19 | | is sufficient to meet their purposes, shall fix compensation
|
| 20 | | and conditions of employment of the staff of the Authority, and |
| 21 | | consistent
with the policies of and direction from the Board, |
| 22 | | take all actions
necessary to achieve its purposes, fulfill
its |
| 23 | | responsibilities and carry out its powers, and shall have such |
| 24 | | other
powers and responsibilities as the Board shall determine. |
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| 1 | | The Executive
Director must be an individual
of proven |
| 2 | | transportation and management skills and may not be a member of
|
| 3 | | the Board. The Authority may employ its own professional
|
| 4 | | management personnel to provide professional and technical |
| 5 | | expertise concerning
its purposes and powers and to assist it |
| 6 | | in assessing the performance of the
Service Boards in the |
| 7 | | metropolitan region.
|
| 8 | | No employee, officer, or agent of the Authority may receive |
| 9 | | a bonus that exceeds 10% of his or her annual salary unless |
| 10 | | that bonus has been reviewed by the Board for a period of 14 |
| 11 | | days. After 14 days, the contract shall be considered reviewed. |
| 12 | | This Section does not apply to usual and customary salary |
| 13 | | adjustments. |
| 14 | | No unlawful discrimination, as defined and prohibited in |
| 15 | | the Illinois Human
Rights Act, shall be made in any term or |
| 16 | | aspect of employment
nor shall there be discrimination based |
| 17 | | upon political reasons or
factors. The Authority shall |
| 18 | | establish regulations to insure that its
discharges shall not |
| 19 | | be arbitrary and that hiring and promotion are
based on merit.
|
| 20 | | The Authority shall be subject to the "Illinois Human |
| 21 | | Rights
Act", as now or hereafter amended, and the remedies and |
| 22 | | procedure
established thereunder. The Authority shall file an |
| 23 | | affirmative action
program for employment by it with the |
| 24 | | Department of Human Rights to ensure
that applicants are
|
| 25 | | employed and that employees are treated during employment, |
| 26 | | without
regard to unlawful discrimination. Such affirmative
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| 1 | | action program shall include provisions relating to hiring, |
| 2 | | upgrading,
demotion, transfer, recruitment, recruitment |
| 3 | | advertising, selection for
training and rates of pay or other |
| 4 | | forms of compensation.
|
| 5 | | (Source: P.A. 95-708, eff. 1-18-08.)
|
| 6 | | (70 ILCS 3615/3A.05) (from Ch. 111 2/3, par. 703A.05)
|
| 7 | | Sec. 3A.05. Appointment of officers and employees. The |
| 8 | | Suburban Bus
Board shall appoint an Executive Director who |
| 9 | | shall be the chief executive
officer of the Division, |
| 10 | | appointed, retained or dismissed with the concurrence
of 9 of |
| 11 | | the directors of the Suburban Bus Board. The Executive Director
|
| 12 | | shall appoint, retain and employ officers, attorneys, agents, |
| 13 | | engineers,
employees and shall organize the staff, shall |
| 14 | | allocate their functions and
duties, fix compensation and |
| 15 | | conditions of employment, and consistent with
the policies of |
| 16 | | and direction
from the Suburban Bus Board take all actions |
| 17 | | necessary to achieve its purposes,
fulfill its |
| 18 | | responsibilities and carry out its powers, and shall have such
|
| 19 | | other powers and responsibilities as the Suburban Bus Board |
| 20 | | shall determine.
The Executive Director shall be an individual |
| 21 | | of proven transportation and
management skills and may not be a |
| 22 | | member of the Suburban Bus Board. The
Division may employ its |
| 23 | | own professional management personnel to provide
professional |
| 24 | | and technical expertise concerning its purposes
and powers and |
| 25 | | to assist it in assessing the performance of transportation
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| 1 | | agencies in the metropolitan region.
|
| 2 | | No employee, officer, or agent of the Suburban Bus Board |
| 3 | | may receive a bonus that exceeds 10% of his or her annual |
| 4 | | salary unless that bonus has been reviewed by the Regional |
| 5 | | Transportation Authority Board for a period of 14 days. After |
| 6 | | 14 days, the contract shall be considered reviewed. This |
| 7 | | Section does not apply to usual and customary salary |
| 8 | | adjustments. |
| 9 | | No unlawful discrimination, as defined and prohibited in |
| 10 | | the Illinois Human
Rights Act, shall be made in any term or |
| 11 | | aspect of employment nor shall
there be discrimination based |
| 12 | | upon political reasons or factors. The Suburban
Bus Board shall |
| 13 | | establish regulations to insure that its discharges shall
not |
| 14 | | be arbitrary and that hiring and promotion are based on merit.
|
| 15 | | The Division shall be subject to the "Illinois Human Rights |
| 16 | | Act", as now
or hereafter amended, and the remedies and |
| 17 | | procedure established thereunder.
The Suburban Bus Board shall |
| 18 | | file an affirmative action program for employment
by it with |
| 19 | | the Department of Human Rights to ensure that applicants are
|
| 20 | | employed and that employees are treated during employment, |
| 21 | | without regard
to unlawful discrimination. Such affirmative |
| 22 | | action program shall include
provisions relating
to hiring, |
| 23 | | upgrading, demotion, transfer, recruitment, recruitment |
| 24 | | advertising,
selection for training and rates of pay or other |
| 25 | | forms of compensation.
|
| 26 | | (Source: P.A. 95-906, eff. 8-26-08.)
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| 1 | | (70 ILCS 3615/3A.18 new) |
| 2 | | Sec. 3A.18. Employment contracts. Except as otherwise |
| 3 | | provided in Section 3A.14, before the Suburban Bus Board may |
| 4 | | enter into or amend any employment contract in excess of |
| 5 | | $100,000, the Suburban Bus Board must submit that contract or |
| 6 | | amendment to the Board for review for a period of 14 days. |
| 7 | | After 14 days, the contract shall be considered reviewed. This |
| 8 | | Section applies only to contracts entered into or amended on or |
| 9 | | after the effective date of this amendatory Act of the 98th |
| 10 | | General Assembly.
|
| 11 | | (70 ILCS 3615/3B.05) (from Ch. 111 2/3, par. 703B.05)
|
| 12 | | Sec. 3B.05. Appointment of officers and employees. The |
| 13 | | Commuter Rail
Board shall appoint an Executive Director who |
| 14 | | shall
be the chief executive officer of the Division, |
| 15 | | appointed, retained or dismissed
with the concurrence of 8
of |
| 16 | | the directors of the Commuter Rail Board.
The Executive |
| 17 | | Director shall appoint, retain and employ officers, attorneys,
|
| 18 | | agents, engineers, employees and shall organize the staff, |
| 19 | | shall allocate
their functions and duties, fix compensation and |
| 20 | | conditions of employment,
and consistent with the policies
of |
| 21 | | and direction from the Commuter Rail Board take all actions |
| 22 | | necessary
to achieve its purposes, fulfill its |
| 23 | | responsibilities and carry out its
powers, and shall have
such |
| 24 | | other powers and responsibilities as the Commuter Rail Board |
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| 1 | | shall
determine. The Executive Director shall be an individual |
| 2 | | of proven transportation
and management skills and may not be a |
| 3 | | member of the Commuter Rail Board.
The Division may employ its |
| 4 | | own professional management personnel to provide
professional |
| 5 | | and technical expertise concerning its purposes and powers
and |
| 6 | | to assist it in assessing the performance of transportation |
| 7 | | agencies
in the metropolitan region.
|
| 8 | | No employee, officer, or agent of the Commuter Rail Board |
| 9 | | may receive a bonus that exceeds 10% of his or her annual |
| 10 | | salary unless that bonus has been reviewed by the Regional |
| 11 | | Transportation Authority Board for a period of 14 days. After |
| 12 | | 14 days, the contract shall be considered reviewed. This |
| 13 | | Section does not apply to usual and customary salary |
| 14 | | adjustments. |
| 15 | | No unlawful discrimination, as defined and prohibited in |
| 16 | | the Illinois Human
Rights Act, shall be made in any term or |
| 17 | | aspect of employment nor shall
there be discrimination based |
| 18 | | upon political reasons or factors. The Commuter
Rail Board |
| 19 | | shall establish regulations to insure that its discharges shall
|
| 20 | | not be arbitrary and that hiring and promotion are based on |
| 21 | | merit.
|
| 22 | | The Division shall be subject to the "Illinois Human Rights |
| 23 | | Act", as now
or hereafter amended, and the remedies and |
| 24 | | procedure established thereunder.
The Commuter Rail Board |
| 25 | | shall file an affirmative action program for employment
by it |
| 26 | | with the Department of Human Rights to ensure that applicants |
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| 1 | | are
employed and that employees are treated during employment, |
| 2 | | without regard
to unlawful discrimination. Such affirmative |
| 3 | | action program shall include
provisions relating to hiring, |
| 4 | | upgrading, demotion, transfer, recruitment,
recruitment |
| 5 | | advertising, selection for training and rates of pay or other
|
| 6 | | forms of compensation.
|
| 7 | | (Source: P.A. 95-708, eff. 1-18-08.)
|
| 8 | | (70 ILCS 3615/3B.26 new) |
| 9 | | Sec. 3B.26. Employment contracts. Except as otherwise |
| 10 | | provided in Section 3B.13, before the Commuter Rail Board may |
| 11 | | enter into or amend any employment contract in excess of |
| 12 | | $100,000, the Commuter Rail Board must submit that contract or |
| 13 | | amendment to the Board for review for a period of 14 days. |
| 14 | | After 14 days, the contract shall be considered reviewed. This |
| 15 | | Section applies only to contracts entered into or amended on or |
| 16 | | after the effective date of this amendatory Act of the 98th |
| 17 | | General Assembly. |
| 18 | | Before the Board of the Regional Transportation Authority |
| 19 | | may enter into or amend any employment contract in excess of |
| 20 | | $100,000, the Board must submit that contract to the Chairman |
| 21 | | and Minority Spokesman of the Mass Transit Committee, or its |
| 22 | | successor committee, of the House of Representatives, and to |
| 23 | | the Chairman and Minority Spokesman of the Transportation |
| 24 | | Committee, or its successor committee, of the Senate.
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| 1 | | (70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
|
| 2 | | Sec. 4.01. Budget and Program.
|
| 3 | | (a) The Board shall control the finances
of the Authority. |
| 4 | | It shall by ordinance adopted by the affirmative vote of at |
| 5 | | least 12 of its then Directors (i) appropriate money to perform |
| 6 | | the
Authority's purposes and provide for payment of debts and |
| 7 | | expenses of
the Authority, (ii) take action with respect to the |
| 8 | | budget and two-year financial plan of each Service Board, as |
| 9 | | provided in Section 4.11, and (iii) adopt an Annual Budget and |
| 10 | | Two-Year Financial Plan for the Authority that includes the |
| 11 | | annual budget and two-year financial plan of each Service Board |
| 12 | | that has been approved by the Authority. The Annual Budget and |
| 13 | | Two-Year Financial Plan
shall contain a statement
of the funds |
| 14 | | estimated to be on hand for the Authority and each Service |
| 15 | | Board at the beginning of the fiscal
year, the funds estimated |
| 16 | | to be received from all sources for such year, the estimated |
| 17 | | expenses and obligations of the Authority and each Service |
| 18 | | Board for all purposes, including expenses for contributions to |
| 19 | | be made with respect to pension and other employee benefits,
|
| 20 | | and the funds estimated to be on hand at the end of such year. |
| 21 | | The fiscal year of the Authority and each Service Board shall
|
| 22 | | begin on January 1st and end on the succeeding December 31st.
|
| 23 | | By July 1st of each year the Director of the
Illinois
|
| 24 | | Governor's Office of Management and Budget (formerly Bureau of |
| 25 | | the
Budget) shall submit
to the Authority an estimate of |
| 26 | | revenues for the next fiscal year of the Authority to be
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| 1 | | collected from the taxes imposed by the Authority and the |
| 2 | | amounts to be
available in the Public Transportation Fund and |
| 3 | | the Regional Transportation
Authority Occupation and Use Tax |
| 4 | | Replacement Fund and the amounts otherwise to be appropriated |
| 5 | | by the State to the Authority for its purposes. The Authority |
| 6 | | shall file a copy of its Annual Budget and Two-Year Financial |
| 7 | | Plan with
the
General Assembly and the Governor after its |
| 8 | | adoption. Before the proposed Annual Budget and Two-Year |
| 9 | | Financial Plan
is adopted, the Authority
shall hold at least |
| 10 | | one public hearing thereon
in the metropolitan region, and |
| 11 | | shall meet
with the county board or its designee of
each of the |
| 12 | | several counties in the metropolitan region. After conducting
|
| 13 | | such hearings and holding such meetings and after making such |
| 14 | | changes
in the proposed Annual Budget and Two-Year Financial |
| 15 | | Plan
as the Board deems appropriate, the
Board shall adopt its |
| 16 | | annual appropriation and Annual Budget and Two-Year Financial |
| 17 | | Plan
ordinance. The ordinance may be adopted
only upon the |
| 18 | | affirmative votes of 12
of its then Directors. The
ordinance |
| 19 | | shall appropriate such sums of money as are deemed necessary
to |
| 20 | | defray all necessary expenses and obligations of the Authority,
|
| 21 | | specifying purposes and the objects or programs for which |
| 22 | | appropriations
are made and the amount appropriated for each |
| 23 | | object or program.
Additional appropriations, transfers |
| 24 | | between items and other changes in
such ordinance may be made |
| 25 | | from time to time by the Board upon the
affirmative votes of 12
|
| 26 | | of its then Directors.
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| 1 | | (b) The Annual Budget and Two-Year Financial Plan
shall |
| 2 | | show a balance between anticipated revenues from
all sources |
| 3 | | and anticipated expenses including funding of operating |
| 4 | | deficits
or the discharge of encumbrances incurred in prior |
| 5 | | periods and payment of
principal and interest when due, and |
| 6 | | shall show cash balances sufficient
to pay with reasonable |
| 7 | | promptness all obligations and expenses as incurred.
|
| 8 | | The Annual Budget and Two-Year Financial Plan
must show: |
| 9 | |
(i) that the level of fares
and charges for mass |
| 10 | | transportation provided by, or under grant or purchase
of |
| 11 | | service contracts of, the Service Boards is sufficient to |
| 12 | | cause the
aggregate of all projected fare revenues from |
| 13 | | such fares and charges received
in each fiscal year to |
| 14 | | equal at least 50% of the aggregate costs of providing
such |
| 15 | | public transportation in such fiscal year. "Fare revenues" |
| 16 | | include
the proceeds of all fares and charges for services |
| 17 | | provided, contributions
received in connection with public |
| 18 | | transportation from units of local
government other than |
| 19 | | the Authority, except for contributions received by the |
| 20 | | Chicago Transit Authority from a real estate transfer tax |
| 21 | | imposed under subsection (i) of Section 8-3-19 of the |
| 22 | | Illinois Municipal Code, and from the State pursuant to |
| 23 | | subsection
(i) of Section 2705-305 of the Department of |
| 24 | | Transportation Law (20 ILCS
2705/2705-305), and all other |
| 25 | | operating revenues properly included consistent
with |
| 26 | | generally accepted accounting principles but do not |
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| 1 | | include: the proceeds
of any borrowings, and, beginning |
| 2 | | with the 2007 fiscal year, all revenues and receipts, |
| 3 | | including but not limited to fares and grants received from |
| 4 | | the federal, State or any unit of local government or other |
| 5 | | entity, derived from providing ADA paratransit service |
| 6 | | pursuant to Section 2.30 of the Regional Transportation |
| 7 | | Authority Act. "Costs" include all items properly included |
| 8 | | as operating
costs consistent with generally accepted |
| 9 | | accounting principles, including
administrative costs, but |
| 10 | | do not include: depreciation; payment of principal
and |
| 11 | | interest on bonds, notes or
other evidences of obligation |
| 12 | | for borrowed money issued by the Authority;
payments with |
| 13 | | respect to public transportation facilities made pursuant
|
| 14 | | to subsection (b) of Section 2.20 of this Act; any payments |
| 15 | | with respect
to rate protection contracts, credit |
| 16 | | enhancements or liquidity agreements
made under Section |
| 17 | | 4.14; any other cost to which it
is reasonably expected |
| 18 | | that a cash expenditure
will not be made; costs for |
| 19 | | passenger
security including grants, contracts, personnel, |
| 20 | | equipment and
administrative expenses, except in the case |
| 21 | | of the Chicago Transit
Authority, in which case the term |
| 22 | | does not include costs spent annually by
that entity for |
| 23 | | protection against crime as required by Section 27a of the
|
| 24 | | Metropolitan Transit Authority Act; the payment by the |
| 25 | | Chicago Transit Authority of Debt Service, as defined in |
| 26 | | Section 12c of the Metropolitan Transit Authority Act, on |
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| 1 | | bonds or notes issued pursuant to that Section; the payment |
| 2 | | by the Commuter Rail Division of debt service on bonds |
| 3 | | issued pursuant to Section 3B.09; expenses incurred by the |
| 4 | | Suburban Bus Division for the cost of new public |
| 5 | | transportation services funded from grants pursuant to |
| 6 | | Section 2.01e of this amendatory Act of the 95th General |
| 7 | | Assembly for a period of 2 years from the date of |
| 8 | | initiation of each such service; costs as exempted by the |
| 9 | | Board for
projects pursuant to Section 2.09 of this Act; |
| 10 | | or, beginning with the 2007 fiscal year, expenses related |
| 11 | | to providing ADA paratransit service pursuant to Section |
| 12 | | 2.30 of the Regional Transportation Authority Act; and in |
| 13 | | fiscal years 2008 through 2012 inclusive, costs in the |
| 14 | | amount of $200,000,000 in fiscal year 2008, reducing by |
| 15 | | $40,000,000 in each fiscal year thereafter until this |
| 16 | | exemption is eliminated; and |
| 17 | | (ii) that the level of fares charged for ADA |
| 18 | | paratransit services is sufficient to cause the aggregate |
| 19 | | of all projected revenues from such fares charged and |
| 20 | | received in each fiscal year to equal at least 10% of the |
| 21 | | aggregate costs of providing such ADA paratransit |
| 22 | | services. For purposes of this Act, the percentages in this |
| 23 | | subsection (b)(ii) shall be referred to as the "system |
| 24 | | generated ADA paratransit services revenue recovery |
| 25 | | ratio". For purposes of the system generated ADA |
| 26 | | paratransit services revenue recovery ratio, "costs" shall |
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| 1 | | include all items properly included as operating costs |
| 2 | | consistent with generally accepted accounting principles. |
| 3 | | However, the Board may exclude from costs an amount that |
| 4 | | does not exceed the allowable "capital costs of |
| 5 | | contracting" for ADA paratransit services pursuant to the |
| 6 | | Federal Transit Administration guidelines for the |
| 7 | | Urbanized Area Formula Program.
|
| 8 | | (c) The actual administrative expenses of the Authority for |
| 9 | | the fiscal
year commencing January 1, 1985 may not exceed |
| 10 | | $5,000,000.
The actual administrative expenses of the |
| 11 | | Authority for the fiscal year
commencing January 1, 1986, and |
| 12 | | for each fiscal year thereafter shall not
exceed the maximum |
| 13 | | administrative expenses for the previous fiscal year plus
5%. |
| 14 | | "Administrative
expenses" are defined for purposes of this |
| 15 | | Section as all expenses except:
(1) capital expenses and |
| 16 | | purchases of the Authority on behalf of the Service
Boards; (2) |
| 17 | | payments to Service Boards; and (3) payment of principal
and |
| 18 | | interest on bonds, notes or other evidence of obligation for |
| 19 | | borrowed
money issued by the Authority; (4) costs for passenger |
| 20 | | security including
grants, contracts, personnel, equipment and |
| 21 | | administrative expenses; (5)
payments with respect to public |
| 22 | | transportation facilities made pursuant to
subsection (b) of |
| 23 | | Section 2.20 of this Act; and (6) any payments with
respect to |
| 24 | | rate protection contracts, credit enhancements or liquidity
|
| 25 | | agreements made pursuant to Section 4.14.
|
| 26 | | (d) This subsection applies only until the Department |
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| 1 | | begins administering and enforcing an increased tax under |
| 2 | | Section 4.03(m) as authorized by this amendatory Act of the |
| 3 | | 95th General Assembly. After withholding 15% of the proceeds of |
| 4 | | any tax imposed by the
Authority and 15% of money received by |
| 5 | | the Authority from the Regional
Transportation Authority |
| 6 | | Occupation and Use Tax Replacement Fund,
the Board shall |
| 7 | | allocate the proceeds and money remaining to the Service
Boards |
| 8 | | as follows: (1) an amount equal to 85% of the proceeds of those
|
| 9 | | taxes collected within the City of Chicago and 85% of the money |
| 10 | | received by
the Authority on account of transfers to the |
| 11 | | Regional Transportation
Authority Occupation and Use Tax |
| 12 | | Replacement Fund from the County and Mass
Transit District Fund |
| 13 | | attributable to retail sales within the City of
Chicago shall |
| 14 | | be allocated to the Chicago Transit
Authority; (2) an amount |
| 15 | | equal to 85% of the proceeds of those taxes
collected within |
| 16 | | Cook County outside the City of Chicago and 85% of the
money |
| 17 | | received by the Authority on account of transfers to the |
| 18 | | Regional
Transportation Authority Occupation and Use Tax |
| 19 | | Replacement Fund from the
County and Mass Transit District Fund |
| 20 | | attributable to retail sales within
Cook County outside of the |
| 21 | | city of Chicago shall be allocated
30% to the Chicago Transit |
| 22 | | Authority, 55% to the Commuter Rail Board and
15% to the |
| 23 | | Suburban Bus Board; and (3) an amount equal to 85% of the
|
| 24 | | proceeds of the taxes collected within the Counties of DuPage, |
| 25 | | Kane, Lake,
McHenry and Will shall be allocated 70% to the |
| 26 | | Commuter Rail Board and 30%
to the Suburban Bus Board.
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| 1 | | (e) This subsection applies only until the Department |
| 2 | | begins administering and enforcing an increased tax under |
| 3 | | Section 4.03(m) as authorized by this amendatory Act of the |
| 4 | | 95th General Assembly. Moneys received by the Authority on |
| 5 | | account of transfers to the
Regional Transportation Authority |
| 6 | | Occupation and Use Tax Replacement Fund
from the State and |
| 7 | | Local Sales Tax Reform Fund shall be
allocated among the |
| 8 | | Authority and the Service Boards as follows: 15% of
such moneys |
| 9 | | shall be retained by the Authority and the remaining 85%
shall |
| 10 | | be transferred to the Service Boards as soon as may be
|
| 11 | | practicable after the Authority receives payment. Moneys which |
| 12 | | are
distributable to the Service Boards pursuant to the |
| 13 | | preceding sentence
shall be allocated among the Service Boards |
| 14 | | on the basis of each Service
Board's distribution ratio. The |
| 15 | | term "distribution ratio" means,
for purposes of this |
| 16 | | subsection (e) of this Section 4.01, the ratio of
the total |
| 17 | | amount distributed to a Service Board pursuant to subsection |
| 18 | | (d)
of Section 4.01 for the immediately preceding calendar year |
| 19 | | to the total
amount distributed to all of the Service Boards |
| 20 | | pursuant to subsection (d)
of Section 4.01 for the immediately |
| 21 | | preceding calendar year.
|
| 22 | | (f) To carry out its duties and responsibilities under this |
| 23 | | Act,
the Board shall employ staff which shall: (1) propose for |
| 24 | | adoption by the Board of the Authority rules for the Service |
| 25 | | Boards that establish (i) forms and schedules to be used and |
| 26 | | information required to be provided with respect to a five-year |
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| 1 | | capital program, annual budgets, and two-year financial plans |
| 2 | | and regular reporting of actual results against adopted budgets |
| 3 | | and financial plans, (ii) financial practices to be followed in |
| 4 | | the budgeting and expenditure of public funds, (iii) |
| 5 | | assumptions and projections that must be followed in preparing |
| 6 | | and submitting its annual budget and two-year financial plan or |
| 7 | | a five-year capital program; (2) evaluate for
the Board public |
| 8 | | transportation programs operated or proposed by
the Service |
| 9 | | Boards and
transportation agencies in terms of the goals and |
| 10 | | objectives set out in the Strategic Plan; (3)
keep the Board |
| 11 | | and the public informed of the extent to which the Service |
| 12 | | Boards and transportation agencies are meeting the goals and |
| 13 | | objectives adopted by the Authority in the Strategic Plan; and |
| 14 | | (4) assess the efficiency or adequacy of public transportation |
| 15 | | services provided by a Service Board and make recommendations |
| 16 | | for change in that service
to the end that the moneys
available |
| 17 | | to the Authority may be
expended in the most economical manner |
| 18 | | possible with the least possible
duplication. |
| 19 | | (g) All
Service Boards, transportation agencies, |
| 20 | | comprehensive planning agencies, including the Chicago |
| 21 | | Metropolitan Agency for Planning, or
transportation planning |
| 22 | | agencies in the metropolitan region shall
furnish to the |
| 23 | | Authority
such information pertaining to public
transportation |
| 24 | | or relevant for plans therefor as it may from time to time
|
| 25 | | require. The Executive Director, or his or her designee, shall, |
| 26 | | for the purpose of
securing any such information necessary or |
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| 1 | | appropriate to carry out any of the powers and responsibilities |
| 2 | | of the Authority under this Act, have access to, and the right |
| 3 | | to examine, all
books, documents, papers or records of a |
| 4 | | Service Board or any transportation
agency receiving funds from |
| 5 | | the Authority
or Service Board, and such Service Board or |
| 6 | | transportation agency shall comply with any request by the |
| 7 | | Executive Director, or his or her designee, within 30 days or |
| 8 | | an extended time provided by the Executive Director.
|
| 9 | | (h) No Service Board shall undertake any capital |
| 10 | | improvement which is not identified in the Five-Year Capital |
| 11 | | Program.
|
| 12 | | (i) Each Service Board shall furnish to the Board access to |
| 13 | | its financial information including, but not limited to, audits |
| 14 | | and reports. The Board shall have real-time access to the |
| 15 | | financial information of the Service Boards; however, the Board |
| 16 | | shall be granted read-only access to the Service Board's |
| 17 | | financial information. |
| 18 | | (Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08; |
| 19 | | 95-906, eff. 8-26-08.)
|
| 20 | | (70 ILCS 3615/4.15 new) |
| 21 | | Sec. 4.15. Revolving door prohibition. No Director, |
| 22 | | Service Board director or member, former Director, or former |
| 23 | | Service Board director or member shall, during his or her term |
| 24 | | and for a period of one year immediately after the end of his |
| 25 | | or her term, engage in business dealings with, knowingly accept |
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| 1 | | employment from, or receive compensation or fees for services |
| 2 | | from the Regional Transportation Authority from the Regional |
| 3 | | Transportation Authority, the Suburban Bus Board, the Commuter |
| 4 | | Rail Board or the Chicago Transit Board. This prohibition shall |
| 5 | | not apply to any business dealings engaged in by the Director |
| 6 | | or Service Board director or member in the course of his or her |
| 7 | | official duties or responsibilities as a Director or Service |
| 8 | | Board director or member.
|
| 9 | | (70 ILCS 3615/4.16 new) |
| 10 | | Sec. 4.16. Severance and employment-related settlement |
| 11 | | agreements. If any of the Service Boards seek to enter into a |
| 12 | | severance agreement in excess of $50,000 or an |
| 13 | | employment-related settlement agreement in excess of $200,000, |
| 14 | | that agreement shall be reviewed by the Board prior to |
| 15 | | execution for a period of 14 days. After 14 days, the agreement |
| 16 | | shall be considered reviewed. The Board shall review the |
| 17 | | agreement to determine whether the terms are reasonable and in |
| 18 | | the region's best interest. The Service Boards may only enter |
| 19 | | into severance agreements or employment-related settlement |
| 20 | | agreements that have been reviewed by the Board.
|
| 21 | | (70 ILCS 3615/5.06 new) |
| 22 | | Sec. 5.06. Greater Chicago Mass Transit Transparency and |
| 23 | | Accountability Portal (CHI-TAP). |
| 24 | | (a) The Authority, within 12 months after the effective |
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| 1 | | date of this amendatory Act of the 98th General Assembly, shall |
| 2 | | establish and maintain a website, known as the Greater Chicago |
| 3 | | Mass Transit Transparency and Accountability Portal (CHI-TAP), |
| 4 | | and shall be tasked with compiling and updating the CHI-TAP |
| 5 | | database with information received from the Authority and all |
| 6 | | of its Service Boards. |
| 7 | | (b) For purposes of this Section: |
| 8 | | "Contracts" means payment obligations with vendors on |
| 9 | | file to purchase goods and services exceeding $10,000 in |
| 10 | | value. |
| 11 | | "Recipients" means the Authority or any of its Service |
| 12 | | Boards. |
| 13 | | (c) The CHI-TAP shall provide direct access to each of the |
| 14 | | following: |
| 15 | | (1) A database of all current employees of the |
| 16 | | Authority and its Service Boards, sorted separately by: |
| 17 | | (i) Name. |
| 18 | | (ii) Employing entity. |
| 19 | | (iii) Employing division or department. |
| 20 | | (iv) Employment position title. |
| 21 | | (v) Current base salary or hourly rate and |
| 22 | | year-to-date gross pay. |
| 23 | | (2) A database of all current Authority expenditures, |
| 24 | | sorted separately by Service Board and category. |
| 25 | | (3) A database of all Authority and Service Board |
| 26 | | contracts entered into after the effective date of this |
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| 1 | | amendatory Act of the 98th General Assembly, sorted |
| 2 | | separately by contractor name, awarding officer or agency, |
| 3 | | contract value, and goods or services provided. |
| 4 | | (4) A database of all employees of the Authority and |
| 5 | | its Service Boards hired on or after the effective date of |
| 6 | | this amendatory Act of the 98th General Assembly, sorted |
| 7 | | searchably by each of the following at the time of |
| 8 | | employment: |
| 9 | | (i) Name. |
| 10 | | (ii) Employing entity. |
| 11 | | (iii) Employing division. |
| 12 | | (iv) Employment position title. |
| 13 | | (v) Current base salary or hourly rate and |
| 14 | | year-to-date gross pay. |
| 15 | | (vi) County of employment location. |
| 16 | | (vii) Status of position including, but not |
| 17 | | limited to, bargained-for positions, at-will |
| 18 | | positions, or not bargained for positions. |
| 19 | | (viii) Employment status including, but not |
| 20 | | limited to, full-time permanent, full-time temporary, |
| 21 | | part-time permanent and part-time temporary. |
| 22 | | (ix) Status as a military veteran. |
| 23 | | (5) A database of publicly available accident-related |
| 24 | | and safety-related information currently required to be |
| 25 | | reported to the federal Secretary of Transportation under |
| 26 | | 49 U.S.C. 5335. |
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| 1 | | (d) The CHI-TAP shall include all information required to |
| 2 | | be published by subsection (c) of this Section that is |
| 3 | | available to the Authority in a format the Authority can |
| 4 | | compile and publish on the CHI-TAP. The Authority shall update |
| 5 | | the CHI-TAP within 30 days as additional information becomes |
| 6 | | available in a format that can be compiled and published on the |
| 7 | | CHI-TAP by the Authority. |
| 8 | | (e) Each Service Board shall cooperate with the Authority |
| 9 | | in furnishing the information necessary for the implementation |
| 10 | | of this Section within a timeframe specified by the Authority. |
| 11 | | (f) The Authority and its Service Boards are independently |
| 12 | | responsible for the accuracy of the specific information |
| 13 | | provided by each agency to be displayed on CHI-TAP.
|
| 14 | | Section 90. The State Mandates Act is amended by adding |
| 15 | | Section 8.38 as follows:
|
| 16 | | (30 ILCS 805/8.38 new) |
| 17 | | Sec. 8.38. Exempt mandate. Notwithstanding Sections 6 and 8 |
| 18 | | of this Act, no reimbursement by the State is required for the |
| 19 | | implementation of any mandate created by this amendatory Act of |
| 20 | | the 98th General Assembly.".
|