15 ILCS 310/ Secretary of State Merit Employment Code.
(15 ILCS 310/1) (from Ch. 124, par. 101) Sec. 1. Title. This Act shall be known and may be cited as the Secretary of State Merit Employment Code, and shall apply to employment within the Office of the Secretary of State of the State of Illinois. (Source: P.A. 80‑13.) |
(15 ILCS 310/2) (from Ch. 124, par. 102) Sec. 2. Purpose. The purpose of the Secretary of State Merit Employment Code is to establish for the Office of the Secretary of State a system of personnel administration based upon merit principles and scientific methods. (Source: P.A. 80‑13.) |
(15 ILCS 310/3) (from Ch. 124, par. 103) Sec. 3. Definitions. For the purpose of this Act, unless the context indicates otherwise, the following words shall have the meanings ascribed to them as follows: "Commission". The Merit Commission created by this Act. "Department". Department of Personnel‑Secretary of State. "Director". Director of the Department of Personnel‑Secretary of State. (Source: P.A. 90‑372, eff. 7‑1‑98; 90‑422, eff. 8‑15‑97.) |
(15 ILCS 310/4) (from Ch. 124, par. 104) Sec. 4. Organization. There is created in the Office of the Secretary of State: (a) a Department of Personnel, headed by a Director, which shall be a division of the Office of the Secretary of State with primary responsibility for personnel transactions; and (b) a Merit Commission. (Source: P.A. 90‑372, eff. 7‑1‑98; 90‑422, eff. 8‑15‑97.) |
(15 ILCS 310/5) (from Ch. 124, par. 105) Sec. 5. Jurisdictions; exemptions. All offices and positions of employment in the Office of the Secretary of State shall be subject to this Act unless specifically exempted herein. (Source: P.A. 80‑13.) |
(15 ILCS 310/5a) (from Ch. 124, par. 105a) Sec. 5a. Definition of jurisdictions. There are created 3 separate areas of jurisdiction of the Department, as follows: (1) Jurisdiction A, with respect to the classification and compensation of positions in the Office of the Secretary of State. (2) Jurisdiction B, with respect to the positions in the Office of the Secretary of State to which persons must hold appointments on a basis of merit and fitness. (3) Jurisdiction C, with respect to conditions of employment in the Office of the Secretary of State. (Source: P.A. 80‑13.) |
(15 ILCS 310/5b) (from Ch. 124, par. 105b) Sec. 5b. General exemptions. The following positions in the Office of the Secretary of State shall be exempt from jurisdictions A, B and C, unless such jurisdictions shall be extended as provided in this Act; (1) The Secretary of State, the Deputy Secretary of State and the Assistant Secretary of State. (2) The personal secretaries and administrative assistants to the Secretary of State, the Deputy Secretary of State and the Assistant Secretary of State. (3) Persons exercising substantial executive or administrative functions who have, as their primary responsibility, the operation of an organizational entity in the Office of the Secretary of State. (Source: P.A. 80‑13.) |
(15 ILCS 310/5c) (from Ch. 124, par. 105c) Sec. 5c. Partial exemptions. The following positions in the Office of the Secretary of State are exempt from jurisdictions A, B and C to the extent stated for each unless these jurisdictions are extended as provided in this Act: (1) Licensed attorneys in positions as legal or technical advisors, except in those positions paid from federal funds if such exemption is inconsistent with federal requirements, are exempt from jurisdiction B only to the extent that Sections 10b.1, 10b.3 and 10b.5 of this Code need not be met. (2) All unskilled positions, unless such exemption is inconsistent with federal requirements in those positions paid from federal funds, for which the principal job requirement is good physical condition are exempt from jurisdiction B. (3) The Merit Commission, upon written recommendation of the Director, shall exempt from jurisdiction B other positions which, in the judgment of the Commission, are by their nature highly confidential or involve principal administrative responsibility for the determination of policy or principal administrative responsibility for the way in which policies are carried out, except in those positions paid from federal funds if such exemption is inconsistent with federal requirements. No position which has the powers of a law enforcement officer, except executive security officers, may be exempted under this section. (4) The personal secretaries and chief deputy to persons exempted under paragraph (3) of Section 5b of this Act are exempt from jurisdiction B, unless such exemption is inconsistent with federal requirements in those positions paid from federal funds. (5) Positions which are paid a prevailing rate of wage are exempt from jurisdiction B. (Source: P.A. 80‑13.) |
(15 ILCS 310/5d) (from Ch. 124, par. 105d) Sec. 5d. Extension of jurisdiction B to unskilled positions. The Director of Personnel may, with the approval of the Secretary of State, extend jurisdiction B to any unskilled position or positions, the principal job requirement of which is good physical condition. Employees in positions to which jurisdiction B is extended pursuant to this Section shall be continued in their respective positions provided that they pass a qualifying examination prescribed by the Director within 6 months after jurisdiction B is extended to such positions, and provided they satisfactorily complete their respective probationary periods. Such qualifying examinations shall be similar to those required for entrance examinations for comparable positions in the Office of the Secretary of State. Appointments of such employees shall be without regard to eligible lists. (Source: P.A. 80‑13.) |
(15 ILCS 310/6) (from Ch. 124, par. 106) Sec. 6. Director ‑ appointment ‑ qualifications. The Department of Personnel shall have an officer at its head who shall be known as Director of Personnel. He shall be appointed by the Secretary of State, by and with the advice and consent of the Senate. The Director of Personnel shall be a person who shall have had practical working experience in the field of personnel administration. (Source: P.A. 85‑378.) |
(15 ILCS 310/6a) (from Ch. 124, par. 106a) Sec. 6a. Director ‑ powers and duties. The Director shall have the following duties and responsibilities: (1) To apply and carry out this law and the rules adopted hereunder. (2) To attend meetings of the Commission. (3) To establish and maintain a roster of all employees subject to this Act, in which there shall be set forth, as to each employee, the class, title, pay status, and other pertinent data. (4) Subject to such exemptions or modifications as may be necessary to assure the continuity of federal contributions for positions paid from federal funds, to make appointments to vacancies; to approve all written charges seeking discharge, demotion, or other disciplinary measures provided in this Act and to approve transfers of employees from one geographical area to another in the State. (5) To formulate and administer service wide policies and programs for the improvement of employee effectiveness, including training, safety, health, incentive recognition, counseling, welfare and employee relations. (6) To conduct negotiations affecting pay, hours of work, or other working conditions of employees subject to this Act. (7) To investigate from time to time the operation and effect of this law and the rules made thereunder and to report his or her findings and recommendations to the Commission and the Secretary of State. (8) To make such reports as he may consider desirable to the Commission and the Secretary of State, or as the Secretary of State or Commission may request. (9) To enter into agreements with professional or educational organizations or the Illinois State Department of Central Management Services for the purpose of obtaining professional or technical assistance in the administration of this Act. (10) To perform any other lawful acts necessary or desirable to carry out the purposes and provisions of this law. (Source: P.A. 90‑372, eff. 7‑1‑98; 90‑422, eff. 8‑15‑97.) |
(15 ILCS 310/6b) (from Ch. 124, par. 106b) Sec. 6b. Certification of payrolls. On or after the effective date of this Act, no State disbursing or auditing officer shall make or approve or take part in making or approving any payment for personal service to any person holding a position in the Office of the Secretary of State subject to this Act with the exception of those exempt under Section 5b unless the payroll voucher or account of such pay bears the certification of the Director, or of his authorized agent, that each person named therein has been appointed and employed in accordance with the provisions of this law, and rules, regulations and orders thereunder. (Source: P.A. 80‑13.) |
(15 ILCS 310/7) (from Ch. 124, par. 107) Sec. 7. (Repealed). (Source: P.A. 80‑13. Repealed by 90‑372, eff. 7‑1‑98, and 90‑422, eff. 8‑15‑97.) |
(15 ILCS 310/7a) (from Ch. 124, par. 107a) Sec. 7a. (Repealed). (Source: P.A. 80‑13. Repealed by 90‑372, eff. 7‑1‑98, and 90‑422, eff. 8‑15‑97.) |
(15 ILCS 310/7b) (from Ch. 124, par. 107b) Sec. 7b. (Repealed). (Source: P.A. 80‑13. Repealed by 90‑372, eff. 7‑1‑98, and 90‑422, eff. 8‑15‑97.) |
(15 ILCS 310/7c) (from Ch. 124, par. 107c) Sec. 7c. Powers. In addition to the duties imposed elsewhere in this Act, the Merit Commission may: (1) advise the Secretary of State and the Director of Personnel on problems concerning personnel administration. (2) Obtain from the Director of the Department of Personnel and from the Merit Commission such reports as it may consider desirable. (3) Foster the interest of institutions of learning and of industrial, civic, professional and employee organizations in the improvement of personnel standards in the Office of the Secretary of State. (Source: P.A. 90‑372, eff. 7‑1‑98; 90‑422, eff. 8‑15‑97.) |
(15 ILCS 310/8) (from Ch. 124, par. 108) Sec. 8. Merit Commission. There shall be a Merit Commission for the Office of the Secretary of State, composed of 5 members appointed by the Secretary of State with the advice and consent of the Senate. The members of the Commission shall be persons in sympathy with the application of merit principles to public employment in the Office of the Secretary of State. Not more than 3 members may be affiliated with the same political party. (Source: P.A. 89‑375, eff. 8‑18‑95.) |
(15 ILCS 310/8a) (from Ch. 124, par. 108a) Sec. 8a. Terms, compensation. Members of the Merit Commission shall be initially appointed as follows: (1) One member to serve for 2 years and until his successor is appointed; (2) One member to serve for 4 years and until his successor is appointed; and (3) One member to serve for 6 years and until his successor is appointed. Thereafter, members of the Commission shall be appointed by the Secretary of State for six year terms with the advice and consent of the Senate. A member of the Commission shall be appointed as Chairman by the Secretary of State for a two‑year term. The Secretary of State may appoint the Chairman for consecutive terms. The Secretary of State may appoint a person to fill a vacancy occurring prior to the expiration of a six year term for the remainder of the unexpired term with the advice and consent of the Senate. The salary of the Chairman of the Commission shall be $10,000 per annum or an amount set by the Compensation Review Board, whichever is greater, and other members of the Commission shall be paid $7,500 per annum or an amount set by the Compensation Review Board, whichever is greater. They shall be entitled to reimbursement for necessary traveling and other official expenditures necessitated by their official duties. (Source: P.A. 84‑440.) |
(15 ILCS 310/8b) (from Ch. 124, par. 108b) Sec. 8b. Meetings. The Merit Commission shall meet periodically in accordance with a schedule established by the chairman and at such other times as necessary, upon a three‑day written notice. Three members shall constitute a quorum. (Source: P.A. 89‑375, eff. 8‑18‑95.) |
(15 ILCS 310/8c) (from Ch. 124, par. 108c) Sec. 8c. Duties and powers of the Commission. The Merit Commission, in addition to any other duties prescribed in this Act, shall have the following duties and powers: (1) Upon written recommendations by the Director of Personnel, to exempt from jurisdiction B of this Act positions which, in the judgment of the Commission, are by their nature highly confidential or involve principal administrative responsibility for the determination of policy or principal administrative responsibility for the way in which policies are carried out. No position which has the powers of a law enforcement officer, except executive security officers, may be exempted under this section. (2) To require such special reports from the Director as it may consider desirable. (3) To disapprove original rules or any part thereof and any amendment thereof within 30 calendar days after the submission of such rules to the Merit Commission by the Director. (4) To disapprove within 30 calendar days from date of submission the position classification plan and any revisions thereof submitted by the Director as provided in the rules. (5) To hear appeals of employees who do not accept the allocation of their positions under the classification plan. (6) To hear and approve or disapprove written charges filed seeking the discharge or demotion of employees or suspension totaling more than 30 calendar days in any 12 month period, as provided in Section 9, appeals as provided in Section 9a of this Act, and appeals from transfers from one geographical area in the state to another, and in connection therewith to administer oaths, subpoena witnesses and compel the production of books and papers. (7) (Blank). (8) To make an annual report regarding the work of the Commission to the Secretary of State, such report to be a public record. (9) If any violation of this Act is found, the Commission shall direct compliance in writing. (10) To appoint such employees, experts and special assistants as may be necessary to carry out the powers and duties of the commission under this Act. Employees, experts and special assistants so appointed by the Commission shall be subject to jurisdictions A, B and C of this Act. (11) To promulgate rules and regulations necessary to carry out and implement their powers and duties under this Act, with authority to amend such rules from time to time pursuant to The Illinois Administrative Procedure Act. (12) Within one year of the effective date of this amendatory Act of 1985, the Commission shall adopt rules and regulations which shall include all Commission policies implementing its duties under Sections 8, 9, 10 and 15 of this Act. These rules and regulations shall include, but not be limited to, the standards and criteria used by the Commission and Hearing Officers in making discretionary determinations during hearing procedures. (13) To hear or conduct investigations as it deems necessary of appeals of layoff filed by employees appointed under Jurisdiction B after examination, provided that such appeals are filed within 15 calendar days following the effective date of such layoff and are made on the basis that the provisions of the Secretary of State Merit Employment Code or the rules promulgated thereunder have been violated or have not been complied with. All hearings shall be public. A decision shall be rendered within 60 days after receipt of the transcript of the proceedings. The Commission shall order the reinstatement of the employee if it is proven that the provisions of the Secretary of State Merit Employment Code or the rules promulgated thereunder have been violated or have not been complied with. In connection therewith the Commission may administer oaths, subpoena witnesses, and compel the production of books and papers. (Source: P.A. 90‑372, eff. 7‑1‑98; 90‑422, eff. 8‑15‑97.) |
(15 ILCS 310/9) (from Ch. 124, par. 109) Sec. 9. Hearings ‑ disciplinary action. No certified officer or employee under jurisdiction B, relating to merit and fitness, who has been appointed under the rules and after examination, shall be removed, discharged or demoted, or suspended for a period of more than 30 calendar days, except for cause, upon written charges approved by the Director of Personnel, and after an opportunity to be heard in his own defense if he makes written request to the Commission within 15 calendar days after the serving of the written charges upon him. Upon the receipt of such a request for hearing, the Commission shall grant a hearing within 30 calendar days. The time and place of the hearing shall be fixed by the Commission, and due notice thereof shall be given the Director of Personnel and the employee. The hearing shall be public, and the officer or employee is entitled to call witnesses in his own defense and to have the aid of counsel. The finding of the Commission shall be rendered within 60 calendar days after the receipt of the transcript of the proceedings. If the finding and decision is not rendered within 60 calendar days after receipt of the transcript of the proceedings, the employee shall be considered to be reinstated and shall receive full compensation for the period for which he was suspended. The finding and decision of the Commission or officer or board appointed by it to conduct such investigation, when approved by the Commission, shall be certified to the Director, and shall be forthwith enforced by the Director. In making its finding and decision, or in approving the finding and decision of some officer or board appointed by it to conduct such investigation the Merit Commission may, for disciplinary purposes, suspend an employee for a period of time not to exceed 90 calendar days, and in no event to exceed a period of 120 calendar days from the date of any suspension of such employee, pending investigation of such charges. If the Commission certifies a decision that an officer or employee is to be retained in his position and if it does not order a suspension for disciplinary purposes, the officer or employee shall receive full compensation for any period during which he was suspended pending the investigation of the charges. Nothing in this Section shall limit the authority to suspend an employee for a reasonable period not exceeding 30 calendar days. (Source: P.A. 80‑13.) |
(15 ILCS 310/9a) (from Ch. 124, par. 109a) Sec. 9a. Hearings ‑ transaction used as subterfuge for discharge. A certified employee who believes that he or she has been separated from employment in the Office of the Secretary of State by a personnel transaction used as a subterfuge for discharge may, within 15 calendar days after the final decision of the Director of Personnel on the transaction, appeal in writing to the Commission. The appeal must allege specific facts which, if proven, would establish a prima facie case that the employee was in effect discharged contrary to and in violation of the requirements of Section 9 of this Act. Any appeal which fails to allege sufficient and specific facts to support the allegation may be summarily dismissed by the Commission. The Commission in due exercise of its discretion may make its decision on the appeal after an investigation of the allegations or it may order a hearing held on any disputed issues of fact or law. In any hearing called under the provisions of this section to resolve a dispute of fact, the employee has the burden of establishing by the introduction of competent evidence a prima facie case proving that the employee was pretextually discharged. Nothing in this section shall be construed to preclude employees from timely asserting other rights given to them under this Act. (Source: P.A. 80‑13.) |
(15 ILCS 310/9b) (from Ch. 124, par. 109b) Sec. 9b. Administrative review. All final administrative decisions of the Merit Commission shall be subject to judicial review pursuant to the provisions of the Administrative Review Law, as heretofore or hereafter amended. The term "administrative decision" is defined as in Section 3‑101 of the Code of Civil Procedure. (Source: P.A. 82‑783.) |
(15 ILCS 310/9c) (from Ch. 124, par. 109c) Sec. 9c. Every employee reinstated for the period for which he was improperly suspended, discharged or laid off shall receive full compensation for such period notwithstanding the fact that any person was employed to perform any duties of such employee during the time of such suspension, discharge or layoff. For purposes of this Section 9c, full compensation shall mean compensation such suspended, discharged or laid off employee would have earned in the position classification during the period of suspension, discharge or layoff less amounts earned by the employee from any other source and unemployment compensation payments received during such period. (Source: P.A. 83‑441.) |
(15 ILCS 310/10) (from Ch. 124, par. 110) Sec. 10. Rules. The Director of Personnel shall prepare and submit to the Merit Commission proposed rules for all positions and employees subject to this Act. Such rules or any part thereof shall have the force and effect of law. Copies of all such rules, and of all changes therein, duly certified by the Director of Personnel, shall be filed in the Office of the Secretary of State. Before a new rule or an amendment to a rule may be adopted a public hearing thereon, at which interested persons may be heard, shall be conducted by the Department of Personnel. Notice of the times and places of such hearings shall be given by the Department of Personnel, in such form and manner as shall be prescribed by the Director. Proposed new rules or amendments may be inspected by any interested person during regular business hours at such office or offices of the Department of Personnel as may be designated by the Director of Personnel at any time after service of notice of time and place of hearing. After the hearing thereon, proposed new rules or amendments may be revised by the Director of Personnel without further hearing to incorporate changes suggested at such public hearing, and the Director of Personnel may submit same to the Merit Commission with or without revision. If proposed new rules or amendments so submitted are not disapproved by the Commission within 30 calendar days after the Commission's receipt thereof, they may be filed by the Director of Personnel in the Office of the Secretary of State, and shall thereafter have the force and effect of law, subject to the provisions of "The Illinois Administrative Procedure Act", approved September 22, 1975, as amended. The rules and amendments thereto shall include provisions as specified in Sections 10a through 10e. (Source: P.A. 83‑333.) |
(15 ILCS 310/10a) (from Ch. 124, par. 110a) Sec. 10a. Jurisdiction A ‑ classification and pay. For positions in the Office of the Secretary of State with respect to the classification and pay: (1) For the preparation, maintenance and revision by the Director, subject to approval by the Commission, of a position classification plan for all positions subject to this Act, based upon similarity of duties performed, responsibilities assigned, and conditions of employment so that the same schedule of pay may be equitably applied to all positions in the same class. Unless the Commission disapproves such classification plan or any revision thereof within 30 calendar days, the Director shall allocate every such position to one of the classes in the plan. Any employee affected by the allocation of a position to a class shall after filing with the Director of Personnel within 30 calendar days of the allocation a request for reconsideration thereof in such manner and form as the Director may prescribe, be given a reasonable opportunity to be heard by the Director. If the employee does not accept the decision of the Director he may, within 15 calendar days after receipt of the reconsidered decision, appeal to the Merit Commission. (2) For a pay plan to be prepared by the Director for all employees subject to this Act. Such pay plan may include provisions for uniformity of starting pay, an increment plan, area differentials, a delay not to exceed one year in the reduction of the pay of employees whose positions are reduced in rank or grade by reallocation because of a loss of duties or responsibilities after their appointments to such positions, prevailing rates of wages in those classifications in which employers are now paying or may hereafter pay such rates of wage and other provisions. Such pay plan shall become effective only after it has been approved by the Secretary of State. Amendments to the pay plan will be made in the same manner. Such pay plan shall provide that each employee shall be paid at one of the rates set forth in the pay plan for the class of position in which he is employed. Such pay plan shall provide for a fair and reasonable compensation far services rendered. (Source: P.A. 80‑13.) |
(15 ILCS 310/10b) (from Ch. 124, par. 110b) Sec. 10b. Jurisdiction B ‑ merit and fitness. For positions in the Office of the Secretary of State with respect to selection and tenure on a basis of merit and fitness, those matters specified in Sections 10b.1 through 10b.17. (Source: P.A. 80‑13.) |