103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5033 Introduced , by Rep. Norma Hernandez SYNOPSIS AS INTRODUCED: 70 ILCS 2605/4 from Ch. 42, par. 32370 ILCS 2605/4.13 from Ch. 42, par. 323.13 Amends the Metropolitan Water Reclamation District Act. Provides that the executive director of the District, with the advice and consent of the board of commissioners, may appoint a director of diversity, equity, inclusion, and justice, may create the Department of Diversity, Equity, Inclusion, and Justice, and may appoint a deputy executive director. Makes conforming changes. Provides that the deputy executive director must be selected solely upon administrative and technical qualifications and without regard to political affiliations and shall serve under the direct supervision of the executive director. LRB103 36653 AWJ 66762 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5033 Introduced , by Rep. Norma Hernandez SYNOPSIS AS INTRODUCED: 70 ILCS 2605/4 from Ch. 42, par. 32370 ILCS 2605/4.13 from Ch. 42, par. 323.13 70 ILCS 2605/4 from Ch. 42, par. 323 70 ILCS 2605/4.13 from Ch. 42, par. 323.13 Amends the Metropolitan Water Reclamation District Act. Provides that the executive director of the District, with the advice and consent of the board of commissioners, may appoint a director of diversity, equity, inclusion, and justice, may create the Department of Diversity, Equity, Inclusion, and Justice, and may appoint a deputy executive director. Makes conforming changes. Provides that the deputy executive director must be selected solely upon administrative and technical qualifications and without regard to political affiliations and shall serve under the direct supervision of the executive director. LRB103 36653 AWJ 66762 b LRB103 36653 AWJ 66762 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5033 Introduced , by Rep. Norma Hernandez SYNOPSIS AS INTRODUCED: 70 ILCS 2605/4 from Ch. 42, par. 32370 ILCS 2605/4.13 from Ch. 42, par. 323.13 70 ILCS 2605/4 from Ch. 42, par. 323 70 ILCS 2605/4.13 from Ch. 42, par. 323.13 70 ILCS 2605/4 from Ch. 42, par. 323 70 ILCS 2605/4.13 from Ch. 42, par. 323.13 Amends the Metropolitan Water Reclamation District Act. Provides that the executive director of the District, with the advice and consent of the board of commissioners, may appoint a director of diversity, equity, inclusion, and justice, may create the Department of Diversity, Equity, Inclusion, and Justice, and may appoint a deputy executive director. Makes conforming changes. Provides that the deputy executive director must be selected solely upon administrative and technical qualifications and without regard to political affiliations and shall serve under the direct supervision of the executive director. LRB103 36653 AWJ 66762 b LRB103 36653 AWJ 66762 b LRB103 36653 AWJ 66762 b A BILL FOR HB5033LRB103 36653 AWJ 66762 b HB5033 LRB103 36653 AWJ 66762 b HB5033 LRB103 36653 AWJ 66762 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 and 4.13 as follows: 6 (70 ILCS 2605/4) (from Ch. 42, par. 323) 7 Sec. 4. The commissioners elected under this Act 8 constitute a board of commissioners for the district by which 9 they are elected, which board of commissioners is the 10 corporate authority of the sanitary district, and, in addition 11 to all other powers specified in this Act, shall establish the 12 policies and goals of the sanitary district. The executive 13 director, in addition to all other powers specified in this 14 Act, shall manage and control all the affairs and property of 15 the sanitary district and shall regularly report to the Board 16 of Commissioners on the activities of the sanitary district in 17 executing the policies and goals established by the board. At 18 the regularly scheduled meeting of odd numbered years 19 following the induction of new commissioners the board of 20 commissioners shall elect from its own number a president and 21 a vice-president to serve in the absence of the president, and 22 the chairman of the committee on finance. The board shall 23 provide by rule when a vacancy occurs in the office of the 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5033 Introduced , by Rep. Norma Hernandez SYNOPSIS AS INTRODUCED: 70 ILCS 2605/4 from Ch. 42, par. 32370 ILCS 2605/4.13 from Ch. 42, par. 323.13 70 ILCS 2605/4 from Ch. 42, par. 323 70 ILCS 2605/4.13 from Ch. 42, par. 323.13 70 ILCS 2605/4 from Ch. 42, par. 323 70 ILCS 2605/4.13 from Ch. 42, par. 323.13 Amends the Metropolitan Water Reclamation District Act. Provides that the executive director of the District, with the advice and consent of the board of commissioners, may appoint a director of diversity, equity, inclusion, and justice, may create the Department of Diversity, Equity, Inclusion, and Justice, and may appoint a deputy executive director. Makes conforming changes. Provides that the deputy executive director must be selected solely upon administrative and technical qualifications and without regard to political affiliations and shall serve under the direct supervision of the executive director. LRB103 36653 AWJ 66762 b LRB103 36653 AWJ 66762 b LRB103 36653 AWJ 66762 b A BILL FOR 70 ILCS 2605/4 from Ch. 42, par. 323 70 ILCS 2605/4.13 from Ch. 42, par. 323.13 LRB103 36653 AWJ 66762 b HB5033 LRB103 36653 AWJ 66762 b HB5033- 2 -LRB103 36653 AWJ 66762 b HB5033 - 2 - LRB103 36653 AWJ 66762 b HB5033 - 2 - LRB103 36653 AWJ 66762 b 1 president, vice-president, or the chairman of the committee on 2 finance and the manner of filling such vacancy. 3 The board shall appoint from outside its own number the 4 executive director and treasurer for the district. 5 The executive director must be a resident of the sanitary 6 district and a citizen of the United States. He must be 7 selected solely upon his administrative and technical 8 qualifications and without regard to his political 9 affiliations. 10 In the event of illness or other prolonged absence, death 11 or resignation creating a vacancy in the office of the 12 executive director, or treasurer, the board of commissioners 13 may appoint an acting officer from outside its own number, to 14 perform the duties and responsibilities of the office during 15 the term of the absence or vacancy. 16 The executive director, with the advice and consent of the 17 board of commissioners, shall appoint the director of 18 engineering, director of maintenance and operations, director 19 of human resources, director of procurement and materials 20 management, clerk, general counsel, director of monitoring and 21 research, and director of information technology and may 22 appoint a director of diversity, equity, inclusion, and 23 justice. These constitute the heads of the Department of 24 Engineering, Maintenance and Operations, Human Resources, 25 Procurement and Materials Management, Finance, Law, Monitoring 26 and Research, and Information Technology, and, if created by HB5033 - 2 - LRB103 36653 AWJ 66762 b HB5033- 3 -LRB103 36653 AWJ 66762 b HB5033 - 3 - LRB103 36653 AWJ 66762 b HB5033 - 3 - LRB103 36653 AWJ 66762 b 1 the Executive Director, Diversity, Equity, Inclusion, and 2 Justice, respectively. No other departments or heads of 3 departments may be created without subsequent amendment to 4 this Act. All such department heads are under the direct 5 supervision of the executive director. 6 The executive director, with the advice and consent of the 7 board of commissioners, may appoint a deputy executive 8 director. The deputy executive director must be selected 9 solely upon administrative and technical qualifications and 10 without regard to political affiliations and shall serve under 11 the direct supervision of the executive director. 12 The executive director, with the advice and consent of the 13 board of commissioners, shall appoint a public and 14 intergovernmental affairs officer and an administrative 15 services officer. The public and intergovernmental affairs 16 officer and administrative services officer shall serve under 17 the direct supervision of the executive director. 18 The director of human resources must be qualified under 19 Section 4.2a of this Act. 20 The director of procurement and materials management must 21 be selected in accordance with Section 11.16 of this Act. 22 In the event of illness or other prolonged absence, death, 23 or resignation creating a vacancy in the office of director of 24 engineering, director of maintenance and operations, director 25 of human resources, director of procurement and materials 26 management, clerk, general counsel, director of monitoring and HB5033 - 3 - LRB103 36653 AWJ 66762 b HB5033- 4 -LRB103 36653 AWJ 66762 b HB5033 - 4 - LRB103 36653 AWJ 66762 b HB5033 - 4 - LRB103 36653 AWJ 66762 b 1 research, public and intergovernmental affairs officer, 2 administrative services officer, or director of information 3 technology, or director of diversity, equity, inclusion, and 4 justice, the executive director shall appoint an acting 5 officer to perform the duties and responsibilities of the 6 office during the term of the absence or vacancy. Any such 7 officers appointed in an acting capacity are under the direct 8 supervision of the executive director. 9 All appointive officers and acting officers shall give 10 bond as may be required by the board. 11 The executive director, treasurer, acting executive 12 director, and acting treasurer hold their offices at the 13 pleasure of the board of commissioners. 14 The acting director of engineering, acting director of 15 maintenance and operations, acting director of human 16 resources, acting director of procurement and materials 17 management, acting clerk, acting general counsel, acting 18 director of monitoring and research, acting public and 19 intergovernmental affairs officer, acting administrative 20 services officer, and acting director of information 21 technology, and acting director of diversity, equity, 22 inclusion, and justice hold their offices at the pleasure of 23 the executive director. 24 The director of engineering, director of maintenance and 25 operations, director of human resources, director of 26 procurement and materials management, clerk, general counsel, HB5033 - 4 - LRB103 36653 AWJ 66762 b HB5033- 5 -LRB103 36653 AWJ 66762 b HB5033 - 5 - LRB103 36653 AWJ 66762 b HB5033 - 5 - LRB103 36653 AWJ 66762 b 1 director of monitoring and research, public and 2 intergovernmental affairs officer, administrative services 3 officer, and director of information technology, director of 4 diversity, equity, inclusion, and justice, and deputy 5 executive director may be removed from office for cause by the 6 executive director. Prior to removal, such officers are 7 entitled to a public hearing before the executive director at 8 which hearing they may be represented by counsel. Before the 9 hearing, the executive director shall notify the board of 10 commissioners of the date, time, place and nature of the 11 hearing. 12 In addition to the general counsel appointed by the 13 executive director, the board of commissioners may appoint 14 from outside its own number an attorney, or retain counsel, to 15 advise the board of commissioners with respect to its powers 16 and duties and with respect to legal questions and matters of 17 policy for which the board of commissioners is responsible. 18 The executive director is the chief administrative officer 19 of the district, has supervision over and is responsible for 20 all administrative and operational matters of the sanitary 21 district including the duties of all employees which are not 22 otherwise designated by law, and is the appointing authority 23 as specified in Section 4.11 of this Act. 24 The board of commissioners shall appoint from outside its 25 own number an Inspector General or enter into an 26 intergovernmental agreement with another unit of local HB5033 - 5 - LRB103 36653 AWJ 66762 b HB5033- 6 -LRB103 36653 AWJ 66762 b HB5033 - 6 - LRB103 36653 AWJ 66762 b HB5033 - 6 - LRB103 36653 AWJ 66762 b 1 government for the appointment of an Inspector General. The 2 board of commissioners shall establish minimum qualifications 3 and duties for the Inspector General by ordinance or 4 intergovernmental agreement. 5 The board, through the budget process, shall set the 6 compensation of all the officers and employees of the sanitary 7 district. Any incumbent of the office of president may appoint 8 an administrative aide which appointment remains in force 9 during his incumbency unless revoked by the president. 10 Effective upon the election in January, 1985 of the 11 president and vice-president of the board of commissioners and 12 the chairman of the committee on finance, the annual salary of 13 the president shall be $37,500 and shall be increased to 14 $39,500 in January, 1987, $41,500 in January, 1989, $50,000 in 15 January, 1991, and $60,000 in January, 2001; the annual salary 16 of the vice-president shall be $35,000 and shall be increased 17 to $37,000 in January, 1987, $39,000 in January, 1989, $45,000 18 in January, 1991, and $55,000 in January, 2001; the annual 19 salary of the chairman of the committee on finance shall be 20 $32,500 and shall be increased to $34,500 in January, 1987, 21 $36,500 in January, 1989, $45,000 in January, 1991, and 22 $55,000 in January, 2001. 23 The annual salaries of the other members of the Board 24 shall be as follows: 25 For the three members elected in November, 1980, 26 $26,500 per annum for the first two years of the term; HB5033 - 6 - LRB103 36653 AWJ 66762 b HB5033- 7 -LRB103 36653 AWJ 66762 b HB5033 - 7 - LRB103 36653 AWJ 66762 b HB5033 - 7 - LRB103 36653 AWJ 66762 b 1 $28,000 per annum for the next two years of the term and 2 $30,000 per annum for the last two years. 3 For the three members elected in November, 1982, 4 $28,000 per annum for the first two years of the term and 5 $30,000 per annum thereafter. 6 For members elected in November, 1984, $30,000 per 7 annum. 8 For the three members elected in November, 1986, 9 $32,000 for each of the first two years of the term, 10 $34,000 for each of the next two years and $36,000 for the 11 last two years; 12 For three members elected in November, 1988, $34,000 13 for each of the first two years of the term and $36,000 for 14 each year thereafter. 15 For members elected in November, 1990, 1992, 1994, 16 1996, or 1998, $40,000. 17 For members elected in November, 2000 and thereafter, 18 $50,000. 19 Notwithstanding the other provisions of this Section, the 20 board, prior to January 1, 2007 and with a two-thirds vote, may 21 increase the annual rate of compensation at a separate flat 22 amount for each of the following: the president, the 23 vice-president, the chairman of the committee on finance, and 24 the other members; the increased annual rate of compensation 25 shall apply to all such officers and members whose terms as 26 members of the board commence after the increase in HB5033 - 7 - LRB103 36653 AWJ 66762 b HB5033- 8 -LRB103 36653 AWJ 66762 b HB5033 - 8 - LRB103 36653 AWJ 66762 b HB5033 - 8 - LRB103 36653 AWJ 66762 b 1 compensation is adopted by the board. 2 The board of commissioners has full power to pass all 3 necessary ordinances, orders, rules, resolutions and 4 regulations for the proper management and conduct of the 5 business of the board of commissioners and the corporation and 6 for carrying into effect the object for which the sanitary 7 district is formed. All ordinances, orders, rules, resolutions 8 and regulations passed by the board of commissioners must, 9 before they take effect, be approved by the president of the 10 board of commissioners. If he approves thereof, he shall sign 11 them, and such as he does not approve he shall return to the 12 board of commissioners with his objections in writing at the 13 next regular meeting of the board of commissioners occurring 14 after the passage thereof. Such veto may extend to any one or 15 more items or appropriations contained in any ordinance making 16 an appropriation, or to the entire ordinance. If the veto 17 extends to a part of such ordinance, the residue takes effect. 18 If the president of such board of commissioners fails to 19 return any ordinance, order, rule, resolution or regulation 20 with his objections thereto in the time required, he is deemed 21 to have approved it, and it takes effect accordingly. Upon the 22 return of any ordinance, order, rule, resolution, or 23 regulation by the president, the vote by which it was passed 24 must be reconsidered by the board of commissioners, and if 25 upon such reconsideration two-thirds of all the members agree 26 by yeas and nays to pass it, it takes effect notwithstanding HB5033 - 8 - LRB103 36653 AWJ 66762 b HB5033- 9 -LRB103 36653 AWJ 66762 b HB5033 - 9 - LRB103 36653 AWJ 66762 b HB5033 - 9 - LRB103 36653 AWJ 66762 b 1 the president's refusal to approve thereof. 2 It is the policy of this State that all powers granted, 3 either expressly or by necessary implication, by this Act or 4 any other Illinois statute to the District may be exercised by 5 the District notwithstanding effects on competition. It is the 6 intention of the General Assembly that the "State action 7 exemption" to the application of federal antitrust statutes be 8 fully available to the District to the extent its activities 9 are authorized by law as stated herein. 10 (Source: P.A. 102-808, eff. 5-13-22.) 11 (70 ILCS 2605/4.13) (from Ch. 42, par. 323.13) 12 Sec. 4.13. The following offices and places of employment, 13 insofar as there are or may be such in the sanitary district, 14 shall not be included within the classified civil service: All 15 elective officers, the deputy executive director, the director 16 of human resources, the clerk, treasurer, director of 17 engineering, general counsel, executive director, director of 18 maintenance and operations, director of procurement and 19 materials management, director of monitoring and research, 20 director of information technology, director of diversity, 21 equity, inclusion, and justice, public and intergovernmental 22 affairs officer, administrative services officer, and 23 secretary and administrative aide to the president of the 24 board of trustees, members of the civil service board and 25 special examiners appointed by the civil service board and the HB5033 - 9 - LRB103 36653 AWJ 66762 b HB5033- 10 -LRB103 36653 AWJ 66762 b HB5033 - 10 - LRB103 36653 AWJ 66762 b HB5033 - 10 - LRB103 36653 AWJ 66762 b HB5033 - 10 - LRB103 36653 AWJ 66762 b