99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1724
 
Introduced 2/20/2015, by Sen. Chapin Rose
 
SYNOPSIS AS INTRODUCED:



      
110 ILCS 70/36c from Ch. 24 1/2, par. 38b2
110 ILCS 70/36d from Ch. 24 1/2, par. 38b3
110 ILCS 70/36e from Ch. 24 1/2, par. 38b4
110 ILCS 70/36t new

 Amends the State Universities Civil Service Act. Terminates the terms of members of the University Civil Service Merit Board and provides for appointment by the Governor instead, with 4 members who are exempt employees of the various State universities, 4 members who are current full-time civil service employees of the various State universities, and 3 members who are representative citizens and who are not current or former employees or current or former members of the Boards of Trustees of a State university. Makes other changes concerning the Merit Board. Provides for the appointment of an Executive Director instead of a Director. Authorizes the Executive Director to appoint a Designated Employer Representative (now, assistant resident) at the place of employment of each specified employer. Makes changes concerning exemptions under the State Universities Civil Service System. Requires the Merit Board to be subject to the Open Meetings Act, the State Records Act, the Illinois Administrative Procedure Act, and the State Officials and Employees Ethics Act.



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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


SB1724LRB099 08574 SXM 28733 b



1 AN ACT concerning education.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The State Universities Civil Service Act is 
5amended by changing Sections 36c, 36d, and 36e and by adding 
6Section 36t as follows:




7 (110 ILCS 70/36c) (from Ch. 24 1/2, par. 38b2)



8 Sec. 36c. The Merit Board merit board. 
9 (a) For purposes of this Section, "State University" means 
10the University of Illinois, Southern Illinois University, 
11Chicago State University, Eastern Illinois University, 
12Governors State University, Illinois State University, 
13Northeastern Illinois University, Northern Illinois 
14University, and Western Illinois University.
15 (b) The Merit Board shall be composed of 11 members as 
16follows: , 3
of whom shall be members of the Board of Trustees 
17of the University of
Illinois, one of whom
18  (1) Four Merit Board members shall be appointed by the 
19 Governor, from a list of employees of the various State 
20 Universities under the jurisdiction of the Merit Board who 
21 are considered exempt from the provisions contained in this 
22 Act in accordance with subdivisions (2), (3), and (4) of 
23 subsection (a) of Section 36e of this Act. The a member of 
 
 
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1 the Board of Trustees of each State University shall submit 
2 the name of one of its exempt employees for consideration 
3 by the Governor. In this respect, Merit Board appointments 
4 shall take into consideration the geographic diversity of 
5 the University System. These appointments are subject to 
6 the advice and consent of the Senate. Each individual State 
7 University shall have no more than one member appointed to 
8 the Merit Board in this fashion. The University System 
9 shall collect the recommendations submitted in this 
10 fashion and submit them to the Governor for consideration 
11 and appointment. of Southern
Illinois University, one of 
12 whom shall be a member of the Board of Trustees
of Chicago 
13 State University, one of whom shall be a member of the 
14 Board of
Trustees of Eastern Illinois University, one of 
15 whom shall be a member of the
Board of Trustees of 
16 Governors State University, one of whom shall be a member

17 of the Board of Trustees of Illinois State University, one 
18 of whom shall be a
member of the Board of Trustees of 
19 Northeastern Illinois University, one of
whom shall be a 
20 member of the Board of Trustees of Northern Illinois

21 University, and one of whom shall be a member of the Board 
22 of Trustees of
Western Illinois University. The 7 new 
23 members required to be elected to
the Merit Board by their 
24 respective Boards of Trustees shall replace the 2
persons 
25 who, until the effective date of this amendatory Act of 
26 1995, served as
members of the Merit Board elected from the 
 
 
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1 Board of Governors of State
Colleges and Universities and 
2 the Board of Regents; and the terms of the
members elected 
3 to the Merit Board from the Board of Governors of State

4 Colleges and Universities and the Board of Regents shall 
5 terminate on the
effective date of this amendatory Act of 
6 1995. The members of the Merit Board
shall be elected by 
7 the respective Boards in which they hold membership and

8 they shall serve at the pleasure of the electing Boards.

9  (2) Four Merit Board members shall be appointed by the 
10 Governor from current full-time civil service employees of 
11 the various State Universities under the jurisdiction of 
12 the Merit Board. Qualified employees interested in such 
13 appointment shall submit nominating petitions to the 
14 University System. The University System shall submit 
15 these names and nominating petitions to the Governor for 
16 consideration and appointment. In this respect, Merit 
17 Board appointments shall take into consideration the 
18 geographic diversity of the University System. Each 
19 individual State University shall have no more than one 
20 member appointed to the Merit Board in this fashion. These 
21 appointments are subject to the advice and consent of the 
22 Senate.
23  (3) Three Merit Board members shall be appointed by the 
24 Governor who are representative citizens and who are not 
25 current or former employees or current or former members of 
26 the Boards of Trustees of a State University. One member of 
 
 
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1 this group shall be designated by the Governor as the 
2 Chairperson of the Merit Board. These appointments are 
3 subject to the advice and consent of the Senate.
4 (c) Members of the Merit Board shall serve 4-year terms; 
5however, 2 members initially appointed under subdivision (1) of 
6subsection (b) of this Section shall be appointed for an 
7initial term of 2 years, 2 members initially appointed under 
8subdivision (2) of subsection (b) of this Section shall be 
9appointed for an initial term of 2 years, and 2 members 
10initially appointed under subdivision (3) of subsection (b) of 
11this Section shall be appointed for an initial term of 2 years, 
12and thereafter appointed for a 4-year term.
13 (d) No member of the Merit Board who is serving on the 
14effective date of this amendatory Act of the 99th General 
15Assembly shall continue in office after 30 calendar days from 
16the effective date of this amendatory Act of the 99th General 
17Assembly. After 30 calendar days from the effective date of 
18this amendatory Act of the 99th General Assembly, all such 
19appointments to the Merit Board shall be considered vacant and 
20subject to the provisions provided in this amendatory Act of 
21the 99th General Assembly. 
22 (e) All members of the Merit Board shall serve without 
23compensation but
shall be reimbursed for any traveling expenses 
24incurred in attending
meetings of the Merit Board. Merit Board 
25members as appointed under subdivisions (1) and (2) of 
26subsection (b) of this Section shall maintain full employment 
 
 
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1status, with wages and benefits to be maintained by their 
2respective employers and shall be reimbursed by their 
3respective employers for meeting and travel expenses.

4 (f) A majority of those members appointed as provided in 
5this Section shall constitute a quorum of the Merit Board, and 
6a majority of a quorum shall constitute a quorum of a committee 
7of the Merit Board. The Merit Board may shall determine the 
8number necessary for a quorum, elect
its own chairman and set 
9up an Executive Committee of its own members, which
shall have 
10all of the powers of the Merit Board except as limited by the

11Merit Board. The Chairperson of the Merit Board shall also 
12serve as a member and Chairperson of the Executive Committee. 

13 (g) The Merit Board shall cause to be elected a committee 
14of not less than
eleven members to be made up of Civil Service 
15Employees, six of whom shall
be nominated by and from the Civil 
16Service Employees of the University of
Illinois and one of whom 
17shall be nominated by and from the Civil Service
Employees of 
18each of the other institutions specified in Section 36e, who

19will function in an advisory capacity to the Merit Board on all 
20matters
pertaining to the University System. This Advisory 
21Committee shall meet at
least quarterly, and members of the 
22Committee shall maintain full employment status, with wages and 
23benefits to be maintained by their respective employers. 
24Members of the Committee shall be reimbursed by their

25respective employers for time lost from work and for expenses 
26incurred in
attending meetings of the Committee.

 
 
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1(Source: P.A. 89-4, eff. 1-1-96.)





2 (110 ILCS 70/36d) (from Ch. 24 1/2, par. 38b3)



3 Sec. 36d. Powers and duties of the Merit Board. 

4 The Merit Board shall have the power and duty: -

5  (1) To approve a classification plan prepared under its 
6 direction,
assigning to each class positions of 
7 substantially similar duties. The
Merit Board shall have 
8 power to delegate to its Executive Director the duty of

9 assigning each position in the classified service to the 
10 appropriate
class in the classification plan approved by 
11 the Merit Board.

12  (2) To prescribe the duties of each class of positions 
13 and the
qualifications required by employment in that 
14 class.

15  (3) To prescribe the range of compensation for each 
16 class or to fix
a single rate of compensation for employees 
17 in a particular class; and
to establish other conditions of 
18 employment which an employer and
employee representatives 
19 have agreed upon as fair and equitable. The
Merit Board 
20 shall direct the payment of the "prevailing rate of wages"

21 in those classifications in which, on January 1, 1952, any 
22 employer is
paying such prevailing rate and in such other 
23 classes as the Merit Board
may thereafter determine. 
24 "Prevailing rate of wages" as used herein
shall be the 
25 wages paid generally in the locality in which the work is

 
 
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1 being performed to employees engaged in work of a similar 
2 character.
Each employer covered by the University System 
3 shall be authorized to
negotiate with representatives of 
4 employees to determine appropriate
ranges or rates of 
5 compensation or other conditions of employment and
may 
6 recommend to the Merit Board for establishment the rates or 
7 ranges
or other conditions of employment which the employer 
8 and employee
representatives have agreed upon as fair and 
9 equitable. Any rates or
ranges established prior to January 
10 1, 1952, and hereafter, shall not be
changed except in 
11 accordance with the procedures herein provided.

12  (4) To recommend to the institutions and agencies 
13 specified in
Section 36e standards for hours of work, 
14 holidays, sick leave, overtime
compensation and vacation 
15 for the purpose of improving conditions of
employment 
16 covered therein and for the purpose of insuring conformity

17 with the prevailing rate principal.

18  (5) To prescribe standards of examination for each 
19 class, the
examinations to be related to the duties of such 
20 class. The Merit Board
shall have the power to delegate to 
21 the Executive Director and his or her staff the

22 preparation, conduct and grading of examinations. 
23 Examinations may be
written, oral, by statement of training 
24 and experience, in the form of
tests of knowledge, skill, 
25 capacity, intellect, aptitude; or, by any
other method, 
26 which in the judgment of the Merit Board is reasonable and

 
 
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1 practical for any particular classification. Different 
2 examining
procedures may be determined for the 
3 examinations in different
classifications but all 
4 examinations in the same classification shall be
uniform.

5  (6) To authorize the continuous recruitment of 
6 personnel and to that
end, to delegate to the Executive 
7 Director and his or her staff the power and the duty to

8 conduct open and continuous competitive examinations for 
9 all
classifications of employment.

10  (7) To cause to be established from the results of 
11 examinations
registers for each class of positions in the 
12 classified service of the
State Universities Civil Service 
13 System, of the persons who shall
attain the minimum mark 
14 fixed by the Merit Board for the examination;
and such 
15 persons shall take rank upon the registers as candidates in 
16 the
order of their relative excellence as determined by 
17 examination, without
reference to priority of time of 
18 examination.

19  (8) To provide by its rules for promotions in the 
20 classified
service. Vacancies shall be filled by promotion 
21 whenever practicable.
For the purpose of this paragraph, an 
22 advancement in class shall
constitute a promotion.

23  (9) To set a probationary period of employment of no 
24 less than 6 months
and no longer than 12 months for each 
25 class of positions in the classification
plan, the length 
26 of the probationary period for each class to be determined

 
 
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1 by the Executive Director.

2  (10) To provide by its rules for employment at regular 
3 rates of
compensation of physically handicapped persons in 
4 positions in which the
handicap does not prevent the 
5 individual from furnishing satisfactory
service.

6  (11) To make and publish rules, to carry out the 
7 purpose of the
State Universities Civil Service System and 
8 for examination, appointments,
transfers and removals and 
9 for maintaining and keeping records of the
efficiency of 
10 officers and employees and groups of officers and
employees 
11 in accordance with the provisions of Sections 36b to 36q,

12 inclusive, and said Merit Board may from time to time make 
13 changes in
such rules.

14  (12) To appoint an Executive a Director and such 
15 assistants and other clerical
and technical help as may be 
16 necessary to efficiently to administer
Sections 36b to 36q, 
17 inclusive. To authorize the Executive Director to appoint a 
18 Designated Employer Representative (DER) an
assistant 
19 resident at the place of employment of each employer 
20 specified
in Section 36e, and this DER assistant may be 
21 authorized to give examinations
and to certify names from 
22 the regional registers provided in Section
36k.

23  (13) To submit to the Governor of this state on or 
24 before November 1
of each year prior to the regular session 
25 of the General Assembly a
report of the University System's 
26 business and an estimate of the amount
of appropriation 
 
 
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1 from state funds required for the purpose of
administering 
2 the University System.

3(Source: P.A. 82-524.)





4 (110 ILCS 70/36e) (from Ch. 24 1/2, par. 38b4)



5 Sec. 36e. Coverage. 
6 (a) All employees of the Illinois Community College Board,

7State Community College of East St. Louis (abolished under 
8Section 2-12.1 of the Public Community College Act), Southern 
9Illinois University,
Chicago State University, Eastern 
10Illinois University, Governors State
University, Illinois 
11State University, Northeastern Illinois University,
Northern 
12Illinois University, Western Illinois University,
University 
13of Illinois, State Universities Civil Service System, State

14Universities Retirement System, the Illinois Student 
15Assistance State Scholarship Commission, and
the Board of 
16Higher Education, shall be covered by the University System

17described in Sections 36b to 36q, inclusive, of this Act, 
18except the
following persons:

19  (1) The members and officers of the Merit Board and the 
20 Board board of Trustees
trustees, and the commissioners of 
21 the institutions and agencies covered
hereunder. ;

22  (2) The presidents and vice-presidents of each 
23 educational
institution. ;

24  (3) Other principal administrative appointments 
25 employees of each institution and
agency, upon approval as 
 
 
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1 determined by the Merit Board, in accordance with the 
2 following provisions: ;

3   (A) No person may be exempt under this subdivision 
4 (3) unless his or her position has been revised and 
5 approved for exemption by the Merit Board or by the 
6 Executive Director as delegated by the Merit Board.
7   (B) The authority to exempt persons and their 
8 corresponding positions under this subdivision (3) 
9 lies solely with the Merit Board or the Executive 
10 Director as delegated by the Merit Board, and such 
11 authority shall not be extended to any other employing 
12 institution or agency.
13   (C) The Merit Board shall provide public notice of 
14 each person and his or her corresponding position 
15 approved for exemption under this subdivision (3). 
16  (4) The teaching, research and extension faculties of 
17 each
institution and agency. ;

18  (5) Students employed under rules prescribed by the 
19 Merit Board,
without examination or certification.

20 (b) All persons and their corresponding positions 
21considered to be exempt under this Section are subject to audit 
22and review by the Merit Board or the Executive Director as 
23delegated by the Merit Board. 
24(Source: P.A. 97-333, eff. 8-12-11.)


25 (110 ILCS 70/36t new)
 
 
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1 Sec. 36t. General provisions.
2 (a) The Merit Board and any committees and subdivisions 
3thereof are subject to all provisions of the Open Meetings Act. 
4The Merit Board is a "public body" within the meaning of that 
5term as set forth in the Open Meetings Act.
6 (b) The Merit Board and any committees and subdivisions 
7thereof are subject to all provisions of the State Records Act. 
8The Merit Board is an "agency" within the meaning of that term 
9as set forth in the State Records Act.
10 (c) Notwithstanding any other provisions of law to the 
11contrary, any authority granted to the Merit Board to make and 
12publish rules is strictly limited to the requirements of the 
13Illinois Administrative Procedure Act, and no authority for the 
14Merit Board to make and publish rules exists outside of the 
15requirements of the Illinois Administrative Procedure Act. The 
16Merit Board is an "agency" within the meaning of that term as 
17set forth in the Illinois Administrative Procedure Act.
18 (d) The Merit Board and any committees and subdivisions 
19thereof are subject to all provisions of the State Officials 
20and Employees Ethics Act. The Merit Board is considered a 
21"State agency" within the meaning of that term as set forth in 
22the State Officials and Employees Ethics Act.