Bill Text: IL SB2228 | 2023-2024 | 103rd General Assembly | Chaptered


Bill Title: Reinserts provisions of the engrossed bill with changes. Provides that the Department of Central Management Services shall make available, on its website or the equivalent, information regarding all exempt positions in State service and information showing the number of employees who are exempt and non-exempt from merit selection in each department. Restores a provision concerning the definition of flexible hours position for departments or agencies subject to Jurisdiction C. Restores provisions concerning goals for flexible hour positions in departments and agencies. Makes other technical changes.

Spectrum: Strong Partisan Bill (Democrat 14-1)

Status: (Passed) 2023-06-27 - Public Act . . . . . . . . . 103-0108 [SB2228 Detail]

Download: Illinois-2023-SB2228-Chaptered.html



Public Act 103-0108
SB2228 EnrolledLRB103 28873 DTM 55259 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Central Management Services
Law of the Civil Administrative Code of Illinois is amended by
changing Section 405-122 as follows:
(20 ILCS 405/405-122)
Sec. 405-122. Employees with a disability. The Department,
in cooperation with the Department of Human Services, the
Department of Employment Security, and other agencies of State
government shall develop and implement programs to increase
the number of qualified employees with disabilities working in
the State. The programs shall include provisions to increase
the number of people with a disability hired for positions
with specific job titles for which they have been assessed and
met the qualifications awarded a passing grade. The Department
shall conduct an annual presentation regarding the programs
created under this Section, and each State agency shall
designate one or more persons with hiring responsibilities to
attend the presentation. The Department and the Department of
Human Services must submit a report, annually, to the Governor
and the General Assembly concerning their actions under this
Section.
(Source: P.A. 101-540, eff. 8-23-19.)
Section 10. The Personnel Code is amended by changing
Sections 4b, 4c, 4d, 8b, 8b.1, 8b.2, 8b.3, 8b.4, 8b.5, 8b.6,
8b.7, 8b.8, 8b.9, 8b.10, 8b.14, 8b.17, 8b.18, 8b.19, 9, 10,
12f, 13, 14, 17a, and 17b as follows:
(20 ILCS 415/4b) (from Ch. 127, par. 63b104b)
Sec. 4b. Extension of jurisdiction. Any or all of the
three forms of jurisdiction of the Department may be extended
to the positions not initially covered by this Act under a
department, board, commission, institution, or other
independent agency in the executive, legislative, or judicial
branch of State government, or to a major administrative
division, service, or office thereof by the following process:
(1) The officer or officers legally charged with control
over the appointments to positions in a department, board,
commission, institution, or other independent agency in the
executive, legislative, or judicial branch of State
government, or to a major administrative division, service, or
office thereof, may request in writing to the Governor the
extension of any or all of the three forms of jurisdiction of
the Department to such named group of positions.
(2) The Governor, if he concurs with the request, may
forward the request to the Director of Central Management
Services.
(3) The Director shall survey the practicability of the
requested extension of the jurisdiction or jurisdictions of
the Department, approve or disapprove same, and notify the
Civil Service Commission of his decision. If he should approve
the request he shall provide notice of submit rules to
accomplish such extension to the Civil Service Commission.
(4) Such an extension of jurisdiction of the Department of
Central Management Services may be terminated by the same
process of amendment to the rules at any time after four years
from its original effective date.
(5) Employees in positions to which jurisdiction B is
extended pursuant to this section shall be continued in their
respective positions provided that they are deemed qualified
pass a qualifying examination prescribed by the Director
within 6 months after such jurisdiction is extended to such
positions, and provided they satisfactorily complete their
respective probationary periods. Such qualifying examinations
shall be of the same kind as those required for entrance
examinations for comparable positions. Appointments of such
employees shall be without regard to eligible lists and
without regard to the provisions of this Code requiring the
appointment of the person standing among the three highest on
the appropriate eligible list to fill a vacancy or from the
highest category ranking group if the list is by rankings
instead of numerical ratings. Nothing herein shall preclude
the reclassification or reallocation as provided by this Act
of any position held by any such incumbent. The Department
shall maintain records of all extensions of jurisdiction
pursuant to this Section.
(Source: P.A. 82-789.)
(20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
Sec. 4c. General exemptions. The following positions in
State service shall be exempt from jurisdictions A, B, and C,
unless the jurisdictions shall be extended as provided in this
Act:
(1) All officers elected by the people.
(2) All positions under the Lieutenant Governor,
Secretary of State, State Treasurer, State Comptroller,
State Board of Education, Clerk of the Supreme Court,
Attorney General, and State Board of Elections.
(3) Judges, and officers and employees of the courts,
and notaries public.
(4) All officers and employees of the Illinois General
Assembly, all employees of legislative commissions, all
officers and employees of the Illinois Legislative
Reference Bureau and the Legislative Printing Unit.
(5) All positions in the Illinois National Guard and
Illinois State Guard, paid from federal funds or positions
in the State Military Service filled by enlistment and
paid from State funds.
(6) All employees of the Governor at the executive
mansion and on his immediate personal staff.
(7) Directors of Departments, the Adjutant General,
the Assistant Adjutant General, the Director of the
Illinois Emergency Management Agency, members of boards
and commissions, and all other positions appointed by the
Governor by and with the consent of the Senate.
(8) The presidents, other principal administrative
officers, and teaching, research and extension faculties
of Chicago State University, Eastern Illinois University,
Governors State University, Illinois State University,
Northeastern Illinois University, Northern Illinois
University, Western Illinois University, the Illinois
Community College Board, Southern Illinois University,
Illinois Board of Higher Education, University of
Illinois, State Universities Civil Service System,
University Retirement System of Illinois, and the
administrative officers and scientific and technical staff
of the Illinois State Museum.
(9) All other employees except the presidents, other
principal administrative officers, and teaching, research
and extension faculties of the universities under the
jurisdiction of the Board of Regents and the colleges and
universities under the jurisdiction of the Board of
Governors of State Colleges and Universities, Illinois
Community College Board, Southern Illinois University,
Illinois Board of Higher Education, Board of Governors of
State Colleges and Universities, the Board of Regents,
University of Illinois, State Universities Civil Service
System, University Retirement System of Illinois, so long
as these are subject to the provisions of the State
Universities Civil Service Act.
(10) The Illinois State Police so long as they are
subject to the merit provisions of the Illinois State
Police Act. Employees of the Illinois State Police Merit
Board are subject to the provisions of this Code.
(11) (Blank).
(12) The technical and engineering staffs of the
Department of Transportation, the Division Department of
Nuclear Safety at the Illinois Emergency Management
Agency, the Pollution Control Board, and the Illinois
Commerce Commission, and the technical and engineering
staff providing architectural and engineering services in
the Department of Central Management Services.
(13) All employees of the Illinois State Toll Highway
Authority.
(14) The Secretary of the Illinois Workers'
Compensation Commission.
(15) All persons who are appointed or employed by the
Director of Insurance under authority of Section 202 of
the Illinois Insurance Code to assist the Director of
Insurance in discharging his responsibilities relating to
the rehabilitation, liquidation, conservation, and
dissolution of companies that are subject to the
jurisdiction of the Illinois Insurance Code.
(16) All employees of the St. Louis Metropolitan Area
Airport Authority.
(17) All investment officers employed by the Illinois
State Board of Investment.
(18) Employees of the Illinois Young Adult
Conservation Corps program, administered by the Illinois
Department of Natural Resources, authorized grantee under
Title VIII of the Comprehensive Employment and Training
Act of 1973, 29 U.S.C. 993.
(19) Seasonal employees of the Department of
Agriculture for the operation of the Illinois State Fair
and the DuQuoin State Fair, no one person receiving more
than 29 days of such employment in any calendar year.
(20) All "temporary" employees hired under the
Department of Natural Resources' Illinois Conservation
Service, a youth employment program that hires young
people to work in State parks for a period of one year or
less.
(21) All hearing officers of the Human Rights
Commission.
(22) All employees of the Illinois Mathematics and
Science Academy.
(23) All employees of the Kankakee River Valley Area
Airport Authority.
(24) The commissioners and employees of the Executive
Ethics Commission.
(25) The Executive Inspectors General, including
special Executive Inspectors General, and employees of
each Office of an Executive Inspector General.
(26) The commissioners and employees of the
Legislative Ethics Commission.
(27) The Legislative Inspector General, including
special Legislative Inspectors General, and employees of
the Office of the Legislative Inspector General.
(28) The Auditor General's Inspector General and
employees of the Office of the Auditor General's Inspector
General.
(29) All employees of the Illinois Power Agency.
(30) Employees having demonstrable, defined advanced
skills in accounting, financial reporting, or technical
expertise who are employed within executive branch
agencies and whose duties are directly related to the
submission to the Office of the Comptroller of financial
information for the publication of the annual
comprehensive financial report.
(31) All employees of the Illinois Sentencing Policy
Advisory Council.
(Source: P.A. 101-652, eff. 1-1-22; 102-291, eff. 8-6-21;
102-538, eff. 8-20-21; 102-783, eff. 5-13-22; 102-813, eff.
5-13-22.)
(20 ILCS 415/4d) (from Ch. 127, par. 63b104d)
Sec. 4d. Partial exemptions. The following positions in
State service are exempt from jurisdictions A, B, and C to the
extent stated for each, unless those jurisdictions are
extended as provided in this Act:
(1) In each department, board or commission that now
maintains or may hereafter maintain a major administrative
division, service or office in both Sangamon County and
Cook County, 2 private secretaries for the director or
chairman thereof, one located in the Cook County office
and the other located in the Sangamon County office, shall
be exempt from jurisdiction B; in all other departments,
boards and commissions one private secretary for the
director or chairman thereof shall be exempt from
jurisdiction B. In all departments, boards and commissions
one confidential assistant for the director or chairman
thereof shall be exempt from jurisdiction B. This
paragraph is subject to such modifications or waiver of
the exemptions as may be necessary to assure the
continuity of federal contributions in those agencies
supported in whole or in part by federal funds.
(2) The resident administrative head of each State
charitable, penal and correctional institution, the
chaplains thereof, and all member, patient and inmate
employees are exempt from jurisdiction B.
(3) The Civil Service Commission, upon written
recommendation of the Director of Central Management
Services, shall exempt from jurisdiction B other positions
which, in the judgment of the Commission, involve either
principal administrative responsibility for the
determination of policy or principal administrative
responsibility for the way in which policies are carried
out, except positions in agencies which receive federal
funds if such exemption is inconsistent with federal
requirements, and except positions in agencies supported
in whole by federal funds.
(4) All individuals in positions paid in accordance
with prevailing wage laws, as well as beauticians and
teachers of beauty culture and teachers of barbering, and
all positions heretofore paid under Section 1.22 of "An
Act to standardize position titles and salary rates",
approved June 30, 1943, as amended, shall be exempt from
jurisdiction B.
(5) Licensed attorneys in positions as legal or
technical advisors; positions in the Department of Natural
Resources requiring incumbents to be either a registered
professional engineer or to hold a bachelor's degree in
engineering from a recognized college or university;
licensed physicians in positions of medical administrator
or physician or physician specialist (including
psychiatrists); all positions within the Department of
Juvenile Justice requiring licensure by the State Board of
Education under Article 21B of the School Code; all
positions within the Illinois School for the Deaf and the
Illinois School for the Visually Impaired requiring
licensure by the State Board of Education under Article
21B of the School Code and all rehabilitation/mobility
instructors and rehabilitation/mobility instructor
trainees at the Illinois School for the Visually Impaired;
and registered nurses (except those registered nurses
employed by the Department of Public Health); except those
in positions in agencies which receive federal funds if
such exemption is inconsistent with federal requirements
and except those in positions in agencies supported in
whole by federal funds, are exempt from jurisdiction B
only to the extent that the requirements of Section 8b.1,
8b.3 and 8b.5 of this Code need not be met.
(6) All positions established outside the geographical
limits of the State of Illinois to which appointments of
other than Illinois citizens may be made are exempt from
jurisdiction B.
(7) Staff attorneys reporting directly to individual
Commissioners of the Illinois Workers' Compensation
Commission are exempt from jurisdiction B.
(8) (Blank). Twenty-one senior public service
administrator positions within the Department of
Healthcare and Family Services, as set forth in this
paragraph (8), requiring the specific knowledge of
healthcare administration, healthcare finance, healthcare
data analytics, or information technology described are
exempt from jurisdiction B only to the extent that the
requirements of Sections 8b.1, 8b.3, and 8b.5 of this Code
need not be met. The General Assembly finds that these
positions are all senior policy makers and have
spokesperson authority for the Director of the Department
of Healthcare and Family Services. When filling positions
so designated, the Director of Healthcare and Family
Services shall cause a position description to be
published which allots points to various qualifications
desired. After scoring qualified applications, the
Director shall add Veteran's Preference points as
enumerated in Section 8b.7 of this Code. The following are
the minimum qualifications for the senior public service
administrator positions provided for in this paragraph
(8):
(A) HEALTHCARE ADMINISTRATION.
Medical Director: Licensed Medical Doctor in
good standing; experience in healthcare payment
systems, pay for performance initiatives, medical
necessity criteria or federal or State quality
improvement programs; preferred experience serving
Medicaid patients or experience in population
health programs with a large provider, health
insurer, government agency, or research
institution.
Chief, Bureau of Quality Management: Advanced
degree in health policy or health professional
field preferred; at least 3 years experience in
implementing or managing healthcare quality
improvement initiatives in a clinical setting.
Quality Management Bureau: Manager, Care
Coordination/Managed Care Quality: Clinical degree
or advanced degree in relevant field required;
experience in the field of managed care quality
improvement, with knowledge of HEDIS measurements,
coding, and related data definitions.
Quality Management Bureau: Manager, Primary
Care Provider Quality and Practice Development:
Clinical degree or advanced degree in relevant
field required; experience in practice
administration in the primary care setting with a
provider or a provider association or an
accrediting body; knowledge of practice standards
for medical homes and best evidence based
standards of care for primary care.
Director of Care Coordination Contracts and
Compliance: Bachelor's degree required; multi-year
experience in negotiating managed care contracts,
preferably on behalf of a payer; experience with
health care contract compliance.
Manager, Long Term Care Policy: Bachelor's
degree required; social work, gerontology, or
social service degree preferred; knowledge of
Olmstead and other relevant court decisions
required; experience working with diverse long
term care populations and service systems, federal
initiatives to create long term care community
options, and home and community-based waiver
services required. The General Assembly finds that
this position is necessary for the timely and
effective implementation of this amendatory Act of
the 97th General Assembly.
Manager, Behavioral Health Programs: Clinical
license or advanced degree required, preferably in
psychology, social work, or relevant field;
knowledge of medical necessity criteria and
governmental policies and regulations governing
the provision of mental health services to
Medicaid populations, including children and
adults, in community and institutional settings of
care. The General Assembly finds that this
position is necessary for the timely and effective
implementation of this amendatory Act of the 97th
General Assembly.
Manager, Office of Accountable Care Entity
Development: Bachelor's degree required, clinical
degree or advanced degree in relevant field
preferred; experience in developing integrated
delivery systems, including knowledge of health
homes and evidence-based standards of care
delivery; multi-year experience in health care or
public health management; knowledge of federal ACO
or other similar delivery system requirements and
strategies for improving health care delivery.
Manager of Federal Regulatory Compliance:
Bachelor's degree required, advanced degree
preferred, in healthcare management or relevant
field; experience in healthcare administration or
Medicaid State Plan amendments preferred;
experience interpreting federal rules; experience
with either federal health care agency or with a
State agency in working with federal regulations.
Manager, Office of Medical Project Management:
Bachelor's degree required, project management
certification preferred; multi-year experience in
project management and developing business analyst
skills; leadership skills to manage multiple and
complex projects.
Manager of Medicare/Medicaid Coordination:
Bachelor's degree required, knowledge and
experience with Medicare Advantage rules and
regulations, knowledge of Medicaid laws and
policies; experience with contract drafting
preferred.
Chief, Bureau of Eligibility Integrity:
Bachelor's degree required, advanced degree in
public administration or business administration
preferred; experience equivalent to 4 years of
administration in a public or business
organization required; experience with managing
contract compliance required; knowledge of
Medicaid eligibility laws and policy preferred;
supervisory experience preferred. The General
Assembly finds that this position is necessary for
the timely and effective implementation of this
amendatory Act of the 97th General Assembly.
(B) HEALTHCARE FINANCE.
Director of Care Coordination Rate and
Finance: MBA, CPA, or Actuarial degree required;
experience in managed care rate setting,
including, but not limited to, baseline costs and
growth trends; knowledge and experience with
Medical Loss Ratio standards and measurements.
Director of Encounter Data Program: Bachelor's
degree required, advanced degree preferred,
preferably in health care, business, or
information systems; at least 2 years healthcare
or other similar data reporting experience,
including, but not limited to, data definitions,
submission, and editing; background in HIPAA
transactions relevant to encounter data
submission; experience with large provider, health
insurer, government agency, or research
institution or other knowledge of healthcare
claims systems.
Manager of Medical Finance, Division of
Finance: Requires relevant advanced degree or
certification in relevant field, such as Certified
Public Accountant; coursework in business or
public administration, accounting, finance, data
analysis, or statistics preferred; experience in
control systems and GAAP; financial management
experience in a healthcare or government entity
utilizing Medicaid funding.
(C) HEALTHCARE DATA ANALYTICS.
Data Quality Assurance Manager: Bachelor's
degree required, advanced degree preferred,
preferably in business, information systems, or
epidemiology; at least 3 years of extensive
healthcare data reporting experience with a large
provider, health insurer, government agency, or
research institution; previous data quality
assurance role or formal data quality assurance
training.
Data Analytics Unit Manager: Bachelor's degree
required, advanced degree preferred, in
information systems, applied mathematics, or
another field with a strong analytics component;
extensive healthcare data reporting experience
with a large provider, health insurer, government
agency, or research institution; experience as a
business analyst interfacing between business and
information technology departments; in-depth
knowledge of health insurance coding and evolving
healthcare quality metrics; working knowledge of
SQL and/or SAS.
Data Analytics Platform Manager: Bachelor's
degree required, advanced degree preferred,
preferably in business or information systems;
extensive healthcare data reporting experience
with a large provider, health insurer, government
agency, or research institution; previous
experience working on a health insurance data
analytics platform; experience managing contracts
and vendors preferred.
(D) HEALTHCARE INFORMATION TECHNOLOGY.
Manager of MMIS Claims Unit: Bachelor's degree
required, with preferred coursework in business,
public administration, information systems;
experience equivalent to 4 years of administration
in a public or business organization; working
knowledge with design and implementation of
technical solutions to medical claims payment
systems; extensive technical writing experience,
including, but not limited to, the development of
RFPs, APDs, feasibility studies, and related
documents; thorough knowledge of IT system design,
commercial off the shelf software packages and
hardware components.
Assistant Bureau Chief, Office of Information
Systems: Bachelor's degree required, with
preferred coursework in business, public
administration, information systems; experience
equivalent to 5 years of administration in a
public or private business organization; extensive
technical writing experience, including, but not
limited to, the development of RFPs, APDs,
feasibility studies and related documents;
extensive healthcare technology experience with a
large provider, health insurer, government agency,
or research institution; experience as a business
analyst interfacing between business and
information technology departments; thorough
knowledge of IT system design, commercial off the
shelf software packages and hardware components.
Technical System Architect: Bachelor's degree
required, with preferred coursework in computer
science or information technology; prior
experience equivalent to 5 years of computer
science or IT administration in a public or
business organization; extensive healthcare
technology experience with a large provider,
health insurer, government agency, or research
institution; experience as a business analyst
interfacing between business and information
technology departments.
The provisions of this paragraph (8), other than this
sentence, are inoperative after January 1, 2014.
(Source: P.A. 99-45, eff. 7-15-15; 100-258, eff. 8-22-17;
100-771, eff. 8-10-18.)
(20 ILCS 415/8b) (from Ch. 127, par. 63b108b)
Sec. 8b. Jurisdiction B - Merit and fitness.
(a) For positions in the State service subject to the
jurisdiction of the Department of Central Management Services
with respect to selection and tenure on the basis of merit and
fitness, those matters specified in this Section and Sections
8b.1 through 8b.17.
(b) Application, testing and hiring procedures for all
State employment vacancies for positions not exempt under
Section 4c shall be reduced to writing and made available to
the public via the Department's website or equivalent. All
vacant positions subject to Jurisdiction B shall be posted.
Vacant positions shall be posted on the Department's website
in such a way that potential job candidates can easily
identify and apply for job openings and identify the county in
which the vacancy is located. Vacant positions shall be
updated at least weekly. The written procedures shall be
provided to each State agency and university for posting and
public inspection at each agency's office and each
university's placement office. The Director shall also
annually prepare and distribute a listing of entry level
non-professional and professional positions that are most
utilized by State agencies under the jurisdiction of the
Governor. The position listings shall identify the entry level
positions, localities of usage, description of position duties
and responsibilities, salary ranges, eligibility requirements
and test scheduling instructions. The position listings shall
further identify special linguistic skills that may be
required for any of the positions.
(c) If a position experiences a vacancy rate that is
greater than or equal to 10%, that position shall be posted
until the vacancy rate is less than 10%.
(Source: P.A. 86-1004.)
(20 ILCS 415/8b.1) (from Ch. 127, par. 63b108b.1)
Sec. 8b.1. For assessment open competitive examinations to
determine test the relative fitness of other means applicants,
including employees who do not have contractual rights under a
collective bargaining agreement, for the respective position
positions. Assessments, which are the determination of whether
an individual meets the minimum qualifications as determined
by the class specification of the position for which they are
being considered, shall be designed to objectively eliminate
those who are not qualified for the position into which they
are applying, whether for entrance into State service or for
promotion within the service, and Tests shall be designed to
eliminate those who are not qualified for entrance into or
promotion within the service, 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
or the equivalent, which in his judgment best serves this end:
investigation of education; investigation of 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 fitness; test of psychological
fitness. No person with a record of misdemeanor convictions
except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 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, and 32-8, subdivisions
(a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1),
(6), and (8) of subsection (a) of Section 24-1 of the Criminal
Code of 1961 or the Criminal Code of 2012, 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 would
give him the powers of a peace officer, 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.
The eligibility conditions specified for the position of
Assistant Director of Healthcare and Family Services in the
Department of Healthcare and Family Services in Section 5-230
of the Departments of State Government Law of the Civil
Administrative Code of Illinois shall be applied to that
position in addition to other standards, tests or criteria
established by the Director. All examinations shall be
announced publicly at least 2 weeks in advance of the date of
the examinations and may be advertised through the press,
radio and other media. The Director may, however, in his
discretion, continue to receive applications and examine
candidates long enough to assure a sufficient number of
eligibles to meet the needs of the service and may add the
names of successful candidates to existing eligible lists in
accordance with their respective ratings.
The Director may, in his 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 Central
Management Services 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 Central Management Services for similar
positions. Special linguistic options may also be established
where deemed appropriate.
When an agency requests an open competitive eligible list
from the Department, the Director shall also provide to the
agency a Successful Disability Opportunities Program eligible
candidate list.
(Source: P.A. 101-192, eff. 1-1-20; 102-813, eff. 5-13-22.)
(20 ILCS 415/8b.2) (from Ch. 127, par. 63b108b.2)
Sec. 8b.2. For promotions which shall give appropriate
consideration to the applicant's qualifications, linguistic
capabilities, cultural knowledge, record of performance,
seniority and conduct. For positions subject to a collective
bargaining agreement, an An advancement in rank or grade to a
vacant position constitutes a promotion. For all other
positions, the Director may establish rules containing
additional factors, such as an increase in responsibility or
an increase in the number of subordinates, for determining
whether internal movement constitutes a promotion.
(Source: P.A. 86-1004.)
(20 ILCS 415/8b.3) (from Ch. 127, par. 63b108b.3)
Sec. 8b.3. For assessment of employees with contractual
rights under a collective bargaining agreement to determine
those candidates who are eligible the establishment of
eligible lists for appointment and promotion and , upon which
lists shall be placed the names of successful candidates in
order of their relative excellence in respective examinations.
Assessments, which are the determination of whether an
individual meets the minimum qualifications as determined by
the class specification of the position for which they are
being considered, shall be designed to objectively eliminate
those who are not qualified for the position into which they
are applying and to discover the relative fitness of those who
are qualified. The Director may substitute rankings such as
superior, excellent, well-qualified and qualified for
numerical ratings and establish qualification assessments or
assessment equivalents eligible lists accordingly. The
Department may adopt rules regarding the assessment of
applicants and the appointment of qualified candidates.
Adopted rules shall be interpreted to be consistent with
collective bargaining agreements. Such rules may provide for
lists by area or location, by department or other agency, 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 to provide rapid and
satisfactory service to the operating agencies. The Director
may approve the written request of an agency or applicant to
extend the eligibility of a qualified eligible candidate when
the extension is necessary to assist in achieving affirmative
action goals in employment. The extended period of eligibility
shall not exceed the duration of the original period of
eligibility and shall not be renewed. The rules may authorize
removal of eligibles from lists if those eligibles fail to
furnish evidence of availability upon forms sent to them by
the Director.
(Source: P.A. 87-545.)
(20 ILCS 415/8b.4) (from Ch. 127, par. 63b108b.4)
Sec. 8b.4. For the rejection of candidates or eligibles
who fail to comply with reasonable previously specified job
requirements of the Director in regard to training and
experience; who have been guilty of infamous or disgraceful
conduct; or who have attempted any deception or fraud in
connection with the hiring process an examination. The
Department may adopt rules and implement procedures regarding
candidate rejection. Those candidates who are alleged to have
attempted deception or fraud in connection with an examination
shall be afforded the opportunity to appeal and provide
information to support their appeal which shall be considered
when determining their eligibility as a candidate for
employment.
(Source: P.A. 102-617, eff. 1-1-22.)
(20 ILCS 415/8b.5) (from Ch. 127, par. 63b108b.5)
Sec. 8b.5. For the appointment of eligible candidates in
rank order the person standing among the 3 highest on the
appropriate eligible list to fill a vacancy, or from the
highest ranking group if the list is by rankings instead of
numerical ratings, except as otherwise provided in Sections 4b
and 17a of this Act.
The Director may approve the appointment of a lower
ranking candidate when higher ranking candidates have been
exhausted or duly bypassed person from the next lower ranking
group when the highest ranking group contains less than 3
eligibles.
(Source: P.A. 86-12.)
(20 ILCS 415/8b.6) (from Ch. 127, par. 63b108b.6)
Sec. 8b.6. For a period of probation not to exceed one year
before appointment or promotion is complete, and during which
period a probationer may with the consent of the Director of
Central Management Services, be separated, discharged, or
reduced in class or rank, or replaced on the eligible list. For
a person appointed to a term appointment under Section 8b.18
or 8b.19, the period of probation shall not be less than 6
months.
(Source: P.A. 93-615, eff. 11-19-03.)
(20 ILCS 415/8b.7) (from Ch. 127, par. 63b108b.7)
Sec. 8b.7. Veteran preference. For the granting of
appropriate preference in entrance examinations to qualified
veterans, persons who have been members of the armed forces of
the United States or to qualified persons who, while citizens
of the United States, were members of the armed forces of
allies of the United States in time of hostilities with a
foreign country, and to certain other persons as set forth in
this Section.
(a) As used in this Section:
(1) "Time of hostilities with a foreign country" means
any period of time in the past, present, or future during
which a declaration of war by the United States Congress
has been or is in effect or during which an emergency
condition has been or is in effect that is recognized by
the issuance of a Presidential proclamation or a
Presidential executive order and in which the armed forces
expeditionary medal or other campaign service medals are
awarded according to Presidential executive order.
(2) "Armed forces of the United States" means the
United States Army, Navy, Air Force, Marine Corps, and
Coast Guard. Service in the Merchant Marine that
constitutes active duty under Section 401 of federal
Public Law 95-202 shall also be considered service in the
Armed Forces of the United States for purposes of this
Section.
(3) "Veteran" means a member of the armed forces of
the United States, the Illinois National Guard, or a
reserve component of the armed forces of the United
States.
(b) The preference granted under this Section shall be in
the form of points, or the equivalent, added to the applicable
scores final grades of the persons if they otherwise qualify
and are entitled to be considered for appointment appear on
the list of those eligible for appointments.
(c) A veteran is qualified for a preference of 10 points if
the veteran currently holds proof of a service connected
disability from the United States Department of Veterans
Affairs or an allied country or if the veteran is a recipient
of the Purple Heart.
(d) A veteran who has served during a time of hostilities
with a foreign country is qualified for a preference of 5
points if the veteran served under one or more of the following
conditions:
(1) The veteran served a total of at least 6 months, or
(2) The veteran served for the duration of hostilities
regardless of the length of engagement, or
(3) The veteran was discharged on the basis of
hardship, or
(4) The veteran was released from active duty because
of a service connected disability and was discharged under
honorable conditions.
(e) A person not eligible for a preference under
subsection (c) or (d) is qualified for a preference of 3 points
if the person has served in the armed forces of the United
States, the Illinois National Guard, or any reserve component
of the armed forces of the United States if the person: (1)
served for at least 6 months and has been discharged under
honorable conditions; (2) has been discharged on the ground of
hardship; (3) was released from active duty because of a
service connected disability; or (4) served a minimum of 4
years in the Illinois National Guard or reserve component of
the armed forces of the United States regardless of whether or
not the person was mobilized to active duty. An active member
of the National Guard or a reserve component of the armed
forces of the United States is eligible for the preference if
the member meets the service requirements of this subsection
(e).
(f) The augmented ratings shall be used when determining
the rank order of persons to be appointed entitled to a
preference on eligible lists shall be determined on the basis
of their augmented ratings. When the Director establishes
eligible lists on the basis of category ratings such as
"superior", "excellent", "well-qualified", and "qualified",
the veteran eligibles in each such category shall be preferred
for appointment before the non-veteran eligibles in the same
category.
(g) Employees in positions covered by jurisdiction B who,
while in good standing, leave to engage in military service
during a period of hostility, shall be given credit for
seniority purposes for time served in the armed forces.
(h) A surviving unremarried spouse of a veteran who
suffered a service connected death or the spouse of a veteran
who suffered a service connected disability that prevents the
veteran from qualifying for civil service employment shall be
entitled to the same preference to which the veteran would
have been entitled under this Section.
(i) A preference shall also be given to the following
individuals: 10 points for one parent of an unmarried veteran
who suffered a service connected death or a service connected
disability that prevents the veteran from qualifying for civil
service employment. The first parent to receive a civil
service appointment shall be the parent entitled to the
preference.
(j) The Department of Central Management Services shall
adopt rules and implement procedures to verify that any person
seeking a preference under this Section is entitled to the
preference. A person seeking a preference under this Section
shall provide documentation or execute any consents or other
documents required by the Department of Central Management
Services or any other State department or agency to enable the
department or agency to verify that the person is entitled to
the preference.
(k) If an applicant claims to be a veteran, the Department
of Central Management Services must verify that status before
granting a veteran preference by requiring a certified copy of
the applicant's most recent DD214 (Certificate of Release or
Discharge from Active Duty), NGB-22 (Proof of National Guard
Service), or other evidence of the applicant's most recent
honorable discharge from the Armed Forces of the United States
that is determined to be acceptable by the Department of
Central Management Services.
(Source: P.A. 100-496, eff. 9-8-17.)
(20 ILCS 415/8b.8) (from Ch. 127, par. 63b108b.8)
Sec. 8b.8. For emergency appointments to any positions in
the State service for a period not to exceed 60 days, to meet
emergency situations. However, where an emergency situation
that threatens the health, safety, or welfare of employees or
residents of the State exists, emergency appointments shall
not exceed 90 days. Emergency appointments may be made without
regard to competitive selection eligible lists but may not be
renewed. Notice of such appointments and terminations shall be
reported simultaneously to the Director of Central Management
Services.
(Source: P.A. 82-789.)
(20 ILCS 415/8b.9) (from Ch. 127, par. 63b108b.9)
Sec. 8b.9. For temporary appointments to any positions in
the State service which are determined to be temporary or
seasonal in nature by the Director of Central Management
Services. Temporary appointments may be made for not more than
6 months and may be taken from eligible lists to the extent
determined to be practicable. No position in the State service
may be filled by temporary appointment for more than 6 months
out of any 12 month period.
(Source: P.A. 82-789.)
(20 ILCS 415/8b.10) (from Ch. 127, par. 63b108b.10)
Sec. 8b.10. For provisional appointment to a position
without competitive qualification assessment examination when
there is no appropriate eligible list available. No position
within jurisdiction B may be filled by provisional appointment
for longer than 6 months out of any 12 month period.
(Source: P.A. 76-628.)
(20 ILCS 415/8b.14) (from Ch. 127, par. 63b108b.14)
Sec. 8b.14. For the promotion of staff development and
utilization by means of records of performance of all
employees in the State service. The performance records may be
considered in determining salary increases, provided in the
pay plan, and as a factor in promotion tests or promotions. The
performance records shall be considered as a factor in
determining salary decreases, the order of layoffs because of
lack of funds or work, reinstatement, demotions, discharges
and geographical transfers.
(Source: Laws 1968, p. 472.)
(20 ILCS 415/8b.17) (from Ch. 127, par. 63b108b.17)
Sec. 8b.17. For trainee programs, and for the appointment
of persons to positions in trainee programs, hereinafter
called "trainee appointments". Trainee appointments may be
made with or without examination, with consideration of the
needs of Illinois residents, but may not be made to positions
in any class that is not in a trainee program approved by the
Director of Central Management Services. Trainee programs will
be developed with consideration of the need for employees with
linguistic abilities or cultural knowledge. The Director shall
work with the Department of Human Services and the Department
of Employment Security in trainee position placements for
those persons who receive benefits from those Departments.
Persons who receive trainee appointments do not acquire any
rights under jurisdiction B of the Personnel Code by virtue of
their appointments.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 415/8b.18) (from Ch. 127, par. 63b108b.18)
Sec. 8b.18. Probationary separation Term Appointments. For
the separation of employees who fail to successfully complete
the probationary period with the prior approval of the
Director of Central Management Services. Unless otherwise
required by rule or the employee is a member of a collective
bargaining unit, the Director of Central Management Services
may approve a probationary separation when an employee fails
to satisfactorily complete the probationary period. (a)
Appointees for all positions not subject to paragraphs (1),
(2), (3) and (6) of Section 4d in or above merit compensation
grade 12 or its equivalent shall be appointed for a term of 4
years. During the term of such appointments, Jurisdictions A,
B and C shall apply to such positions. When a term expires, the
Director or Chairman of the Department, Board or Commission in
which the position is located, shall terminate the incumbent
or renew the term for another 4 year term. Failure to renew the
term is not grievable or appealable to the Civil Service
Commission.
For the purpose of implementing the above Section, the
Director of Central Management Services shall supply each such
Director or Chairman with a list of employees selected
randomly by social security numbers in his particular
Department, Board or Commission who are in salary grades
subject to this Section on February 1, 1980. Such list shall
include 25% of all such employees in the Department, Board or
Commission. Those employees shall only continue in State
employment in those positions if an appointment is made
pursuant to this Section by the Director or Chairman of that
Department, Board or Commission.
The same process shall occur on February 1, 1981, 1982 and
1983 with an additional 25% of the employees subject to this
Section who are employed on January 1, 1980 being submitted by
the Director of Central Management Services for appointment
each year.
New appointments to such positions after January 1, 1980
shall be appointed pursuant to this Section.
The Director of Central Management Services may exempt
specific positions in agencies receiving federal funds from
the operation of this Section if he finds and reports to the
Speaker of the House and the President of the Senate, after
good faith negotiations, that such exemption is necessary to
maintain the availability of federal funds.
All positions, the duties and responsibilities of which
are wholly professional but do not include policy-making or
major administrative responsibilities and those positions
which have either salaries at negotiated rates or salaries at
prevailing rates shall be exempt from the provisions of this
Section.
(b) Beginning January 1, 1985 and thereafter, any
incumbent holding probationary or certified status in a
position in or above merit compensation grade 12 or its
equivalent and subject to paragraph (1), (2), (3) or (6) of
Section 4d shall be subject to review and appointment for a
term of 4 years unless such incumbent has received an
appointment or renewal under paragraph (a) of this Section.
During the term of such appointment, Jurisdiction A, B and C
shall apply to such incumbent. When a term expires, the
Director or Chairman of the Department, Board or Commission in
which the position is located, shall terminate the incumbent
or renew the term for another 4 year term. Failure to renew the
term is not grievable or appealable to the Civil Service
Commission.
(Source: P.A. 83-1362; 83-1369; 83-1528.)
(20 ILCS 415/8b.19) (from Ch. 127, par. 63b108b.19)
Sec. 8b.19. Term appointments. (a) Appointees and renewal
appointees for all positions not subject to paragraphs (1),
(2), (3) and (6) of Section 4d in or above merit compensation
grade 12 or its equivalent shall be appointed for a term of 4
years beginning on the effective date of the appointment or
renewal. During the term of such appointments, Jurisdictions
A, B and C shall apply to such positions. When a term expires,
the Director or Chairman of the Department, Board or
Commission in which the position is located shall terminate
the incumbent or renew the term for another 4 year term.
Failure to renew the term is not grievable or appealable to the
Civil Service Commission.
New appointments to such positions after the effective
date of this amendatory Act of 1988 shall be appointed
pursuant to this Section.
The Director of Central Management Services may exempt
specific positions in agencies receiving federal funds from
the operation of this Section if he or she finds and reports to
the Speaker of the House and the President of the Senate, after
good faith negotiations, that the exemption is necessary to
maintain the availability of federal funds.
All positions, the duties and responsibilities of which
are wholly professional but do not include policy making or
major administrative responsibilities, and those positions
which have either salaries at negotiated rates or salaries at
prevailing rates shall be exempt from the provisions of this
Section.
(b) Any incumbent who has received an appointment or
renewal either before the effective date of this amendatory
Act of 1988 or under paragraph (a) of this Section and who is
holding probationary or certified status in a position in or
above merit compensation grade 12 or its equivalent and
subject to paragraph (1), (2), (3) or (6) of Section 4d shall
be subject to review and appointment when the term expires.
During the term of such appointment, Jurisdictions A, B and C
shall apply to such incumbent. When a term expires, the
Director or Chairman of the Department, Board or Commission in
which the position is located shall terminate the incumbent or
renew the term for another 4 year term. Failure to renew the
term is not grievable or appealable to the Civil Service
Commission.
(c) The term of any person appointed to or renewed in a
term position before the effective date of this amendatory Act
of 1988 shall expire 4 years after the effective date of the
appointment or renewal. However, appointment to a different
position, also subject to the 4-year term, shall restart the
4-year term appointment period.
(d) All appointments to and renewals in term positions
made before the effective date of this amendatory Act of 1988
are ratified and confirmed.
(Source: P.A. 85-1152.)
(20 ILCS 415/9) (from Ch. 127, par. 63b109)
Sec. 9. Director, powers and duties. The Director, as
executive head of the Department, shall direct and supervise
all its administrative and technical activities. In addition
to the duties imposed upon him elsewhere in this law, it shall
be his duty:
(1) To apply and carry out this law and the rules
adopted thereunder.
(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) To appoint, subject to the provisions of this Act,
such employees of the Department and such experts and
special assistants as may be necessary to carry out
effectively this law.
(5) Subject to such exemptions or modifications as may
be necessary to assure the continuity of federal
contributions in those agencies supported in whole or in
part by 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, in offices,
positions or places of employment covered by this Act,
after consultation with the operating unit.
(6) 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. The Department shall formulate and administer
recruitment plans and testing of potential employees for
agencies having direct contact with significant numbers of
non-English speaking or otherwise culturally distinct
persons. The Department shall require each State agency to
annually assess the need for employees with appropriate
bilingual capabilities to serve the significant numbers of
non-English speaking or culturally distinct persons. The
Department shall develop a uniform procedure for assessing
an agency's need for employees with appropriate bilingual
capabilities. Agencies shall establish occupational titles
or designate positions as "bilingual option" for persons
having sufficient linguistic ability or cultural knowledge
to be able to render effective service to such persons.
The Department shall ensure that any such option is
exercised according to the agency's needs assessment and
the requirements of this Code. The Department shall make
annual reports of the needs assessment of each agency and
the number of positions calling for non-English linguistic
ability to whom vacancy postings were sent, and the number
filled by each agency. Such policies and programs shall be
subject to approval by the Governor, provided that for
needs that require a certain linguistic ability that: (i)
have not been met for a posted position for a period of at
least one year; or (ii) arise when an individual's health
or safety would be placed in immediate risk, the
Department shall accept certifications of linguistic
competence from pre-approved third parties. To facilitate
expanding the scope of sources to demonstrate linguistic
competence, the Department shall issue standards for
demonstrating linguistic competence. No later than January
2024, the Department shall authorize at least one if not
more community colleges in the regions involving the
counties of Cook, Lake, McHenry, Kane, DuPage, Kendall,
Will, Sangamon, and 5 other geographically distributed
counties within the State to pre-test and certify
linguistic ability, and such certifications by candidates
shall be presumed to satisfy the linguistic ability
requirements for the job position. Such policies, program
reports and needs assessment reports, as well as
linguistic certification standards, shall be filed with
the General Assembly by January 1 of each year and shall be
available to the public.
The Department shall include within the report
required above the number of persons receiving the
bilingual pay supplement established by Section 8a.2 of
this Code. The report shall provide the number of persons
receiving the bilingual pay supplement for languages other
than English and for signing. The report shall also
indicate the number of persons, by the categories of
Hispanic and non-Hispanic, who are receiving the bilingual
pay supplement for language skills other than signing, in
a language other than English.
(7) To conduct negotiations affecting pay, hours of
work, or other working conditions of employees subject to
this Act.
(8) To make continuing studies to improve the
efficiency of State services to the residents of Illinois,
including but not limited to those who are non-English
speaking or culturally distinct, and to report his
findings and recommendations to the Commission and the
Governor.
(9) To investigate from time to time the operation and
effect of this law and the rules made thereunder and to
report his findings and recommendations to the Commission
and to the Governor.
(10) To make an annual report regarding the work of
the Department, and such special reports as he may
consider desirable, to the Commission and to the Governor,
or as the Governor or Commission may request.
(11) To make continuing studies to encourage State
employment for persons with disabilities, including, but
not limited to, the Successful Disability Opportunities
Program. (Blank).
(12) To make available, on the CMS website or its
equivalent, no less frequently than quarterly, information
regarding all exempt positions in State service and
information showing the number of employees who are exempt
from merit selection and non-exempt from merit selection
in each department. To prepare and publish a semi-annual
statement showing the number of employees exempt and
non-exempt from merit selection in each department. This
report shall be in addition to other information on merit
selection maintained for public information under existing
law.
(13) To establish policies to increase the flexibility
of the State workforce for every department or agency
subject to Jurisdiction C, including the use of flexible
time, location, workloads, and positions. The Director and
the director of each department or agency shall together
establish quantifiable goals to increase workforce
flexibility in each department or agency. To authorize in
every department or agency subject to Jurisdiction C the
use of flexible hours positions. A flexible hours position
is one that does not require an ordinary work schedule as
determined by the Department and includes but is not
limited to: 1) a part time job of 20 hours or more per
week, 2) a job which is shared by 2 employees or a
compressed work week consisting of an ordinary number of
working hours performed on fewer than the number of days
ordinarily required to perform that job. The Department
may define flexible time to include other types of jobs
that are defined above.
The Director and the director of each department or
agency shall together establish goals for flexible hours
positions to be available in every department or agency.
The Department shall give technical assistance to
departments and agencies in achieving their goals, and
shall report to the Governor and the General Assembly each
year on the progress of each department and agency.
When a goal of 10% of the positions in a department or
agency being available on a flexible hours basis has been
reached, the Department shall evaluate the effectiveness
and efficiency of the program and determine whether to
expand the number of positions available for flexible
hours to 20%.
When a goal of 20% of the positions in a department or
agency being available on a flexible hours basis has been
reached, the Department shall evaluate the effectiveness
and efficiency of the program and determine whether to
expand the number of positions available for flexible
hours.
Each department shall develop a plan for
implementation of flexible work requirements designed to
reduce the need for day care of employees' children
outside the home. Each department shall submit a report of
its plan to the Department of Central Management Services
and the General Assembly. This report shall be submitted
biennially by March 1, with the first report due March 1,
1993.
(14) To perform any other lawful acts which he may
consider necessary or desirable to carry out the purposes
and provisions of this law.
(15) When a vacancy rate is greater than or equal to
10% for a given position, the Department shall review the
educational and other requirements for the position to
determine if modifications need to be made.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act, and
filing such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 102-952, eff. 1-1-23.)
(20 ILCS 415/10) (from Ch. 127, par. 63b110)
Sec. 10. Duties and powers of the Commission. The Civil
Service Commission shall have duties and powers as follows:
(1) Upon written recommendations by the Director of
the Department of Central Management Services to exempt
from jurisdiction B of this Act positions which, in the
judgment of the Commission, involve either principal
administrative responsibility for the determination of
policy or principal administrative responsibility for the
way in which policies are carried out. This authority may
not be exercised, however, with respect to the position of
Assistant Director of Healthcare and Family Services in
the Department of Healthcare and Family Services.
(2) To require such special reports from the Director
as it may consider desirable.
(3) To disapprove original rules or any part thereof
within 45 90 days and any amendment thereof within 30 days
after the submission of such rules to the Civil Service
Commission by the Director, and to disapprove any
amendments thereto in the same manner. The Commission's
review of original rules or amendments may run
concurrently with review conducted by the Joint Committee
on Administrative Rules.
(4) To approve or disapprove within 60 days from date
of submission the position classification plan submitted
by the Director as provided in the rules, and any
revisions thereof within 30 days from the date of
submission.
(5) To hear appeals of employees who do not accept the
allocation of their positions under the position
classification plan.
(6) To hear and determine written charges filed
seeking the discharge, demotion of employees and
suspension totaling more than thirty days in any 12-month
period, as provided in Section 11 hereof, 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) The fees of subpoenaed witnesses under this Act
for attendance and travel shall be the same as fees of
witnesses before the circuit courts of the State, such
fees to be paid when the witness is excused from further
attendance. Whenever a subpoena is issued the Commission
may require that the cost of service and the fee of the
witness shall be borne by the party at whose insistence
the witness is summoned. The Commission has the power, at
its discretion, to require a deposit from such party to
cover the cost of service and witness fees and the payment
of the legal witness fee and mileage to the witness served
with the subpoena. A subpoena issued under this Act shall
be served in the same manner as a subpoena issued out of a
court.
Upon the failure or refusal to obey a subpoena, a
petition shall be prepared by the party serving the
subpoena for enforcement in the circuit court of the
county in which the person to whom the subpoena was
directed either resides or has his or her principal place
of business.
Not less than five days before the petition is filed
in the appropriate court, it shall be served on the person
along with a notice of the time and place the petition is
to be presented.
Following a hearing on the petition, the circuit court
shall have jurisdiction to enforce subpoenas issued
pursuant to this Section.
On motion and for good cause shown the Commission may
quash or modify any subpoena.
(8) To make an annual report regarding the work of the
Commission to the Governor, such report to be a public
report.
(9) If any violation of this Act is found, the
Commission shall direct compliance in writing.
(10) To appoint a full-time executive secretary and
such other employees, experts, and special assistants as
may be necessary to carry out the powers and duties of the
Commission under this Act and employees, experts, and
special assistants so appointed by the Commission shall be
subject to the provisions of jurisdictions A, B and C of
this Act. These powers and duties supersede any contrary
provisions herein contained.
(11) 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.
(12) 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 Personnel Code or
of the Rules of the Department of Central Management
Services relating to layoff 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 Personnel Code or of the rules of the
Department of Central Management Services relating to
layoff 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.
(13) Whenever the Civil Service Commission is
authorized or required by law to consider some aspect of
criminal history record information for the purpose of
carrying out its statutory powers and responsibilities,
then, upon request and payment of fees in conformance with
the requirements of Section 2605-400 of the Illinois State
Police Law, the Illinois State Police is authorized to
furnish, pursuant to positive identification, such
information contained in State files as is necessary to
fulfill the request.
(Source: P.A. 102-538, eff. 8-20-21.)
(20 ILCS 415/12f)
Sec. 12f. Layoff of employees whose positions are not
subject to collective bargaining agreements. Merit
compensation/salary grade employees; layoffs.
(a) Each State agency shall make every attempt to minimize
the number of its employees that are laid off. In an effort to
minimize layoffs, each merit compensation/salary grade
employee who is subject to layoff shall be offered any vacant
positions for the same title held by that employee within the
same agency and county from which the employee is subject to
layoff and within 2 additional alternate counties designated
by the employee (or 3 additional counties if the employee's
facility or office is closing), excluding titles that are
subject to collective bargaining. If no such vacancies exist,
then the employee shall be eligible for reemployment for a
period of 3 years, commencing with the date of layoff. The
Department may adopt rules and implement procedures for
reemployment placed on the agency's reemployment list for (i)
the title from which the employee was laid off and (ii) any
other titles or successor titles previously held by that
employee in which the employee held certified status within
the county from which the employee was laid off and within 2
additional alternate counties designated by the employee (or 3
additional counties if the employee's facility or office is
closing), excluding titles that are subject to collective
bargaining. Laid-off employees shall remain on a reemployment
list for 3 years, commencing with the date of layoff.
(b) Merit compensation/salary grade employees who are laid
off shall be extended the same medical and dental insurance
benefits to which employees laid off from positions subject to
collective bargaining are entitled and on the same terms.
(c) Employees laid off from merit compensation/salary
grade positions may apply to be qualified for any titles
subject to collective bargaining.
(d) Merit compensation/salary grade employees subject to
layoff shall be given 30 days' notice of the layoff.
Information about all A list of all current vacancies of all
titles within the agency shall be provided to the employee
with the notice of the layoff.
(Source: P.A. 93-839, eff. 7-30-04.)
(20 ILCS 415/13) (from Ch. 127, par. 63b113)
Sec. 13. Unlawful acts prohibited.
(1) No person shall make any false statement, certificate,
mark, rating, or report with regard to any test,
certification, or appointment made under any provision of this
law, or in any manner commit or attempt to commit any fraud
preventing the impartial execution of this law and the rules.
(2) No person shall, directly or indirectly, give, render,
pay, offer, solicit, or accept any money, service, or other
valuable consideration for or on account of any appointment,
proposed appointment, promotion, or proposed promotion to, or
any advantage in, a position in the State service.
(3) No person shall defeat, deceive, or obstruct any
person in his right to a qualification assessment examination,
eligibility, certification, or appointment under this law, or
furnish to any person any special or secret information for
the purpose of affecting the rights or prospects of any person
with respect to employment in the State service.
(4) No person may enter into any agreement under which a
State employee is offered or assured of re-employment in the
same department or agency after the employee's resignation
from State employment for the purpose of receiving payment for
accrued vacation, overtime, sick leave or personal leave, or
for the purpose of receiving a refund of the employee's
accumulated pension contributions.
(Source: P.A. 87-384.)
(20 ILCS 415/14) (from Ch. 127, par. 63b114)
Sec. 14. Records of the Department of Central Management
Services. The records of the Department, including original
and promotional eligible registers, except such records as the
rules may properly require to be held confidential for reasons
of public policy, shall be public records and shall be open to
public inspection, subject to reasonable regulations as to the
time and manner of inspection which may be prescribed by the
Director.
(Source: P.A. 85-1152.)
(20 ILCS 415/17a) (from Ch. 127, par. 63b117a)
Sec. 17a. Appointment of federal employees to State
positions. At the discretion of the Director of Central
Management Services, any certified or probationary employee of
any Federal office, agency or institution in the State of
Illinois which is closed by the Federal Government may be
appointed to a comparable position in State service, without
competitive selection examination. Such persons will attain
certified status provided they pass a qualifying examination
prescribed by the Director within 6 months after being so
appointed, and provided they thereafter satisfactorily
complete their respective probationary periods. Such
qualifying examinations shall be of the same kind as those
required for entrance examinations for comparable positions.
Appointments of such employees shall be without regard to the
competitive selection process eligible lists and without
regard to the provisions of this Code requiring the
appointment of the person standing among the three highest on
the appropriate eligible list to fill a vacancy or from the
highest category ranking group if the list is by rankings
instead of numerical ratings. Nothing herein shall preclude
the reclassification or reallocation as provided by this Act
of any position held by any person appointed pursuant to this
Section.
(Source: P.A. 82-789.)
(20 ILCS 415/17b)
Sec. 17b. Trainee program for persons with a disability.
(a) Notwithstanding any other provision of law, on and
after July 1, 2020, each State agency with 1,500 employees or
more shall, and each executive branch constitutional officer
may, offer at least one position per year to be filled by a
person with a disability, as defined by the federal Americans
with Disabilities Act, through an established trainee program.
Agencies with fewer than 1,500 employees may also elect to
participate in the program. The trainee position shall last
for a period of at least 6 months and shall require the trainee
to participate in the trainee program for at least 20 hours per
week. The program shall be administered by the Department of
Central Management Services. The Department of Central
Management Services shall conduct an initial assessment of
potential candidates, and the hiring agency or officer shall
conduct a final assessment interview. Upon successful
completion of the trainee program, the respective agency or
officer shall certify issue a certificate of completion of the
trainee program, with final approval provided by which shall
be sent to the Department of Central Management Services for
final approval. Individuals who successfully complete a
trainee appointment under this Section are eligible for
promotion to the target title without further examination. The
Department of Central Management Services, in cooperation with
the Employment and Economic Opportunity for Persons with
Disabilities Task Force, may shall adopt rules to implement
and administer the trainee program for persons with
disabilities, including, but not limited to, establishing
non-political selection criteria, implementing an assessment
and interview process, if necessary, that accommodates persons
with a disability, and linking trainee programs to targeted
full-time position titles.
(b) The Employment and Economic Opportunity for Persons
with Disabilities Task Force shall prepare an annual report to
be submitted to the Governor and the General Assembly that
includes: (1) best practices for helping persons with a
disability gain employment; (2) proposed rules for adoption by
the Department of Central Management Services for the
administration and implementation of the trainee program under
this Section; (3) the number of agencies that participated in
the trainee program under this Section in the previous
calendar year; and (4) the number of individuals who
participated in the trainee program who became full-time
employees of the State at the conclusion of the trainee
program.
(Source: P.A. 101-533, eff. 8-23-19.)
(20 ILCS 415/8b.5-1 rep.)
(20 ILCS 415/8d.1 rep.)
(20 ILCS 415/12a rep.)
(20 ILCS 415/12b rep.)
(20 ILCS 415/12c rep.)
(20 ILCS 415/17 rep.)
Section 15. The Personnel Code is amended by repealing
Sections 8b.5-1, 8d.1, 12a, 12b, 12c, and 17.
Section 99. Effective date. This Act takes effect upon
becoming law.
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