15 ILCS 410/ Comptroller Merit Employment Code.
(15 ILCS 410/1) (from Ch. 15, par. 401) Sec. 1. Title. This Act shall be known and may be cited as the Comptroller Merit Employment Code, and shall apply to employment within the Office of the Comptroller of the State of Illinois. (Source: P.A. 80‑1397.) |
(15 ILCS 410/2) (from Ch. 15, par. 402) Sec. 2. Purpose. The purpose of the Comptroller Merit Employment Code is to establish for the Office of the Comptroller a system of personnel administration based upon merit principles and scientific methods. (Source: P.A. 80‑1397.) |
(15 ILCS 410/3) (from Ch. 15, par. 403) 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 Human Resources of the Office of the Comptroller. "Director". Director of the Department of Human Resources of the Office of the Comptroller. "Organizational entity". An entity directly subordinate to the Comptroller. (Source: P.A. 90‑24, eff. 6‑20‑97.) |
(15 ILCS 410/4) (from Ch. 15, par. 404) Sec. 4. Organization. There is created in the Office of the Comptroller: (a) a Department of Human Resources, headed by a Director, which shall be a department of the Office of the Comptroller with primary responsibility for personnel transactions; and (b) a Merit Commission. (Source: P.A. 90‑24, eff. 6‑20‑97.) |
(15 ILCS 410/5) (from Ch. 15, par. 405) Sec. 5. Jurisdictions; exemptions. All offices and positions of employment in the Office of the Comptroller shall be subject to this Act unless specifically exempted herein. (Source: P.A. 80‑1397.) |
(15 ILCS 410/5a) (from Ch. 15, par. 406) 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 Comptroller. (2) Jurisdiction B, with respect to the positions in the Office of the Comptroller 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 Comptroller. (Source: P.A. 80‑1397.) |
(15 ILCS 410/5b) (from Ch. 15, par. 407) Sec. 5b. General exemptions. The following positions in the Office of the Comptroller shall be exempt from jurisdictions A, B and C, unless such jurisdictions shall be extended as provided in this Act; (1) The Comptroller and Deputy Comptrollers. (2) The personal secretaries and administrative assistants to the Comptroller and Deputy Comptrollers. (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 Comptroller. (4) 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. (Source: P.A. 80‑1397.) |
(15 ILCS 410/5c) (from Ch. 15, par. 408) Sec. 5c. Partial exemptions. The following positions in the Office of the Comptroller 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) 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. (2) 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. (Source: P.A. 80‑1397.) |
(15 ILCS 410/6) (from Ch. 15, par. 409) Sec. 6. Director ‑ appointment ‑ qualifications. The Department of Human Resources shall have an officer at its head who shall be known as the Director. He or she shall be appointed by the Comptroller, by and with the advice and consent of the Senate. The Director shall be a person who shall have had practical working experience in the field of personnel administration. The director shall be selected for appointment from among those persons who for the two years next preceding the appointment have not been members of any local, state or national committee of a political party; or officers or members of any standing committee of a political party; or officers or members of standing committees of any partisan political group or organization. Nor shall the appointee during his or her tenure as Director become a member of any local, state or national committee of a political party or an officer or member of standing committees or any partisan political group or organization. (Source: P.A. 90‑24, eff. 6‑20‑97.) |
(15 ILCS 410/6a) (from Ch. 15, par. 410) 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 office 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 Comptroller. (8) To make such reports as he or she may consider desirable, to the Commission and the Comptroller or as the Comptroller 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. 90‑24, eff. 6‑20‑97.) |
(15 ILCS 410/6b) (from Ch. 15, par. 411) 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 Comptroller 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. 80‑1397.) |
(15 ILCS 410/7) (from Ch. 15, par. 412) Sec. 7. (Repealed). (Source: P.A. 80‑1397. Repealed by P.A. 89‑511, eff. 1‑1‑97.) |
(15 ILCS 410/7a) (from Ch. 15, par. 413) Sec. 7a. (Repealed). (Source: P.A. 80‑1397. Repealed by P.A. 89‑511, eff. 1‑1‑97.) |
(15 ILCS 410/7b) (from Ch. 15, par. 414) Sec. 7b. (Repealed). (Source: P.A. 85‑621. Repealed by P.A. 89‑511, eff. 1‑1‑97.) |
(15 ILCS 410/7c) (from Ch. 15, par. 415) Sec. 7c. (Repealed). (Source: P.A. 80‑1397. Repealed by P.A. 89‑511, eff. 1‑1‑97.) |
(15 ILCS 410/8) (from Ch. 15, par. 416) Sec. 8. Merit Commission. There shall be a Merit Commission for the Office of the Comptroller, composed of 3 members appointed by the Comptroller, by and 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 Comptroller. Not more than 2 members may be affiliated with the same political party. (Source: P.A. 81‑1139.) |
(15 ILCS 410/8a) (from Ch. 15, par. 417) Sec. 8a. Terms, compensation. Members of the Merit Commission shall be initially appointed as follows: (1) One member to serve until the third Monday of January, 1980, and until his successor is appointed; and (2) One member to serve until the third Monday of January, 1982, and until his successor is appointed; and (3) One member to serve until the third Monday of January, 1984, and until his successor is appointed. As terms of members so appointed expire, their successors shall be appointed for terms to expire the third Monday in January 6 years thereafter, or until their successors are appointed with the advice and consent of the Senate. A member of the Commission shall be appointed as Chairman by the Comptroller for a two‑year term. The Comptroller may appoint the Chairman for consecutive terms. The Comptroller 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. Members of the Commission shall be paid $100 for each day they are engaged in the business of the Commission and shall be reimbursed for their expenses when engaged in such business. (Source: P.A. 80‑1397.) |
(15 ILCS 410/8b) (from Ch. 15, par. 418) 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. Two members shall constitute a quorum. (Source: P.A. 80‑1397.) |
(15 ILCS 410/8c) (from Ch. 15, par. 419) 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 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. (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) To make an annual report regarding the work of the Commission to the Comptroller, such report to be a public record. (8) If any violation of this Act is found, the Commission shall direct compliance in writing. (9) 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. (10) To make rules to carry out and implement their powers and duties under this Act, with authority to amend such rules from time to time. (Source: P.A. 90‑24 eff. 6‑20‑97.) |
(15 ILCS 410/9) (from Ch. 15, par. 420) 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, 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 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. 90‑24, eff. 6‑20‑97.) |
(15 ILCS 410/9a) (from Ch. 15, par. 421) 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 Comptroller by a personnel transaction used as a subterfuge for discharge may, within 15 calendar days after the final decision of the Director 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. 90‑24, eff. 6‑20‑97.) |
(15 ILCS 410/9b) (from Ch. 15, par. 422) 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 410/10) (from Ch. 15, par. 423) Sec. 10. Rules. The Director 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, shall be filed in the Office of the Secretary of State. Except as otherwise provided in this Section, rules shall be adopted as provided in the Illinois Administrative Procedure Act. After a hearing thereon, proposed new rules or amendments may be revised by the Director without further hearing to incorporate changes suggested at such public hearing, and the Director 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 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. The rules and amendments thereto shall include provisions as specified in Sections 10a through 10e. (Source: P.A. 90‑24, eff. 6‑20‑97.) |
(15 ILCS 410/10a) (from Ch. 15, par. 424) Sec. 10a. Jurisdiction A ‑ classification and pay. For positions in the Office of the Comptroller 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 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 Comptroller. 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 for services rendered. (Source: P.A. 90‑24, eff. 6‑20‑97.) |
(15 ILCS 410/10b) (from Ch. 15, par. 425) Sec. 10b. Jurisdiction B ‑ merit and fitness. For positions in the Office of the Comptroller 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. 80‑1397.) |
(15 ILCS 410/10b.1) (from Ch. 15, par. 426) Sec. 10b.1. Competitive examinations. For open competitive examinations to test the relative fitness of applicants for the respective positions. Tests shall be designed to eliminate those who are not qualified for entrance into the Office of the Comptroller and to discover the relative fitness of those who are qualified. The Director may use any one of or any combination of the following examination methods which in his judgment best serves this end: investigation of education and experience; test of cultural knowledge; test of capacity; test of knowledge; test of manual skill; test of linguistic ability; test of character; test of physical skill; test of psychological fitness. No person with a record of misdemeanor convictions except those under Sections 11‑6, 11‑7, 11‑9, 11‑14, 11‑15, 11‑17, 11‑18, 11‑19, 12‑2, 12‑6, 12‑15, 14‑4, 16‑1, 21.1‑3, 24‑3.1, 24‑5, 25‑1, 28‑3, 31‑1, 31‑4, 31‑6, 31‑7, 32‑1, 32‑2, 32‑3, 32‑4, 32‑8 and sub‑sections 1, 6 and 8 of Section 24‑1 of the Criminal Code of 1961, or arrested for any cause but not convicted thereon shall be disqualified from taking such examinations or subsequent appointment unless the person is attempting to qualify for a position which entails financial responsibilities, in which case the person's conviction or arrest record may be considered as a factor in determining the person's fitness for the position. All examinations shall be announced publicly at least 2 weeks in advance of the date of examinations and may be advertised through the press, radio or other media. The Director may, at his or her discretion, accept the results of competitive examinations conducted by any merit system established by Federal law or by the law of any State, and may compile eligible lists therefrom or may add the names of successful candidates in examinations conducted by those merit systems to existing eligible lists in accordance with their respective ratings. No person who is a non‑resident of the State of Illinois may be appointed from those eligible lists, however, unless the requirement that applicants be residents of the State of Illinois is waived by the Director of Human Resources and unless there are less than 3 Illinois residents available for appointment from the appropriate eligible list. The results of the examinations conducted by other merit systems may not be used unless they are comparable in difficulty and comprehensiveness to examinations conducted by the Department of Human Resources for similar positions. Special linguistic options may also be established where deemed appropriate. (Source: P.A. 90‑24, eff. 6‑20‑97.) |
(15 ILCS 410/10b.2) (from Ch. 15, par. 427) Sec. 10b.2. Promotions. For promotions which shall give consideration to the applicant's qualifications and performance record, seniority and conduct. An advancement in rank or grade to a vacant position constitutes a promotion. (Source: P.A. 80‑1397.) |
(15 ILCS 410/10b.3) (from Ch. 15, par. 428) Sec. 10b.3. Eligible lists. For the establishment of eligible lists for appointment to positions in the Office of the Comptroller upon which lists shall be placed the names of successful candidates in order of their relative excellence in the respective examinations. The Director may establish eligible lists by numerical ratings or rankings such as superior, excellent, qualified or well‑qualified. Such rules may provide for lists by area or location, for removal of those not available for or refusing employment, for minimum and maximum duration of such lists, and for such other provisions as may be necessary. (Source: P.A. 80‑1397.) |
(15 ILCS 410/10b.4) (from Ch. 15, par. 429) Sec. 10b.4. Rejection of candidates or eligibles. For the rejection of candidates or eligibles who fail to comply with reasonable, previously specified job requi
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