CHAPTER 30
CITY OFFICERS AND EMPLOYEES
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30.01 Elected and appointed officers 30.02 Inauguration of newly elected officers 30.03 Official bonds 30.04 Eligibility for office; qualifications 30.05 Compensation 30.06 Performance of duties 30.07 Delivery of property to successor required 30.08 Fees for certain services 30.09 Misconduct in office; removal 30.10 Expenses; vouchers 30.15 Defense and indemnification |
30.20 Mayor 30.21 City Clerk 30.22 City Treasurer 30.35 City Administrator 30.36 Municipal Budget Officer 30.37 City Collector 30.38 City Attorney 30.39 City Engineer 30.65 Adoption by reference; application 30.99 Penalty |
§ 30.01 ELECTED AND APPOINTED OFFICERS.
The
elected officers of the city are the Mayor, Aldermen, City Clerk, and City
Treasurer. The appointed officer by ordinance is the City Administrator. Other
appointed officers as provided by state statute are the Police Chief, police
officers, Budget Officer, City Collector, City Coordinator ESDA, police
commissioners, City Attorney, and City Engineer. All appointed officers, except
for police officers and police commissioners, are appointed annually.
(Am. Ord. 1449, passed 4-15-85)
§ 30.02 INAUGURATION OF NEWLY ELECTED OFFICERS.
The
inauguration of newly elected officers shall take place on the first regular or
special meeting of the corporate authorities in the month of May following
their election.
(Am. Ord. 1449, passed 4-15-85)
§ 30.03 OFFICIAL BONDS.
The Mayor, City Clerk, City Treasurer, City Administrator, Police Commissioners, and Police Chief, before entering upon the duties of their offices, shall execute a bond, payable to the city, in the penal sum of the amount as set by legislative authority, with good and sufficient sureties to be approved by the City Council, conditioned for the faithful performance of the duties of their offices and the payment of all moneys received by such officers.
Continuing liability. All bonds of officers shall be continuing in effect so long as the officers named therein shall continue in office and until payment is made by such officers of all moneys received by them; provided, that liability under any such bond may be terminated in respect of any official act which, shall be taken, or occur after thirty (30) days' written notice to the assured of the termination or cancellation of such bond by the surety. In case of termination or cancellation of any bond by any surety during the continuance in office or employment of any officer, such officer shall execute a new bond in the same manner, of the same character, and with the same conditions and penalties as are required by this subchapter.
Payment of premiums. The cost of obtaining bonds of officers payable to the city, shall be paid by the city.
Endorsement and filing. After the approval of the bond by the City Council, or officer authorized to approve such bond, the City Clerk shall endorse thereon the date of its approval, and file the same.
Blanket bond. The City Treasurer is authorized and directed to obtain employees' faithful performance blanket position bond indemnifying the city against any loss caused to the city through the failure of any officer or employee to faithfully perform his duties; provided, that this division shall not apply to the City Clerk, Office Manager, City Treasurer, Collector of Special Assessments, Aldermen, and police officers.
§ 30.04 ELIGIBILITY FOR OFFICE; QUALIFICATIONS.
No person shall be eligible to an elected office of the city:
Unless he is a qualified elector (properly registered voter) of the municipality and has resided therein at least one (1) year next preceding his election or appointment;
If, he does not reside within the ward (if for Alderman) for which he is elected;
If he is in arrears in the payment of any tax or other indebtedness due to the city; or
If he has been convicted in the state courts for malfeasance in office, bribery, or other corrupt crimes.
No Alderman shall be eligible to any office, except that of acting Mayor or Mayor Pro Tem, the salary of which is payable out of the City Treasury, if at the time of his appointment he is a member of the Council.
§ 30.05 COMPENSATION.
The salaries or compensation of all officers and employees of the city shall be determined and fixed by the City Council in the annual budget, or by ordinance. The salary of elected officers shall not be increased or decreased during their terms in office.
§ 30.06 PERFORMANCE OF DUTIES.
Each officer shall perform all duties required of his office by state law and ordinances of the city.
§ 30.07 DELIVERY OF PROPERTY TO SUCCESSOR REQUIRED.
Every person retiring from office after having been an officer of the city shall, within five (5) days after notification and request, deliver to his successor in office all property, bonds, and effects of every description in his possession belonging to the city or appertaining to his office.
Penalty, see § 30.99
§ 30.08 FEES FOR CERTAIN SERVICES.
Any city officer, upon whom the duty devolves, is authorized to demand and receive as fees for the use of the city, such sums as are from time to time fixed by the City Council.
§ 30.09 MISCONDUCT IN OFFICE; REMOVAL.
Any officer violating any provision of this code shall be deemed guilty of misconduct in office, and liable to removal therefor.
§ 30.10 EXPENSES; VOUCHERS.
Expenses incurred by officers of the city shall be paid when submitted via vouchers and approved by the City Council. Employees shall submit vouchers to the City Administrator.
§ 30.15 DEFENSE AND INDEMNIFICATION.
Except for gross negligence, willful and wanton conduct or criminal misconduct, if any claim or action is instituted against an officer, employee or member of a board, commission or committee of the city, or a former officer, employee or member, based upon a claim or cause of action allegedly arising out of an act or omission occurring within the performance of the duties on behalf of the city of such officer, employee or member, provided notice of such claim or action is given to the City Clerk within a reasonable time, the city, at its option, shall do or cause to be done, one or more of the following:
Appear and defend against said claim;
Indemnify such officer, employee or member of the cost and expense of defending against such claim or action;
Pay any judgment, or indemnify such employee or member for any judgment, based on such claim or action for compensatory damages;
Pay any judgment or indemnify such officer, employee, or member for any punitive damages included in a judgment, to the extent allowed by law at the time of the entry of said judgment;
Pay, or so indemnify for, the compromise or settlement of such claim or action for compensatory damages.
(Ord. 1591, passed 6-19-89)
§ 30.20 MAYOR.
To preside at City Council meetings.
The Mayor shall be the chief executive officer of the city.
The Mayor shall preside at all meetings of the Council and on all ceremonial occasions. He shall be recognized as the official head of the city by the courts for the purpose of serving civil process and by the governor for all legal purposes.
Qualifications, term. The Mayor shall have the qualifications set forth in § 30.04. He shall hold the office for four years and until his successor is elected and qualified.
Oath, bond. Before entering upon the duties of Mayor, he, whether elected or appointed, shall take and subscribe to the oath required of all officers of the city. The Mayor, before entering upon the duties of his office shall execute a bond in the penal sum of three thousand dollars ($3,000.00), with security to be approved by the City Council, conditioned upon the faithful performance of the duties of the office, which bond shall be filed with the City Clerk.
Enforcement, duties. The Mayor shall devote as much of his time to the duties of his office as a faithful and efficient discharge thereof may require; he shall perform all the duties which are prescribed by law, including the provisions of this code, and shall take care that the laws and provisions of this code are faithfully executed.
Supervise conduct of officers. The Mayor shall supervise the conduct of all officers of the city, and see that they faithfully and efficiently discharge the duties of their respective offices; he shall inquire into all reasonable complaints made against them, and cause all their neglects or violations of duty to be promptly corrected; and he, shall, in case he becomes satisfied that any officer willfully neglects or violates his duty, cause such officer to be prosecuted and punished.
Removal of officers. Except where otherwise provided by statute, the Mayor may remove any officer appointed by him, on any formal charge, whenever he is of the opinion that the interests of the city demand removal, but he shall report the reasons for the removal to the City Council at a meeting to be held not less than five days nor more than ten days after the removal. If the Mayor fails or refuses to report to the City Council the reasons for the removal, or if the City Council by a two-thirds vote of all its members authorized by law to be elected, disapproves of the removal, the officer thereupon shall be restored to the office from which he was removed. The vote shall be by yeas and nays, which shall be entered upon the Council's journal. Upon restoration, the officer shall give a new bond and take a new oath of office. No officer shall be removed a second time for the same offense.
Preside, vote at meetings. The Mayor shall preside at all meetings of the City Council. He shall not vote on any ordinance, resolution, or motion except: where the vote of the Aldermen has resulted in a tie; or where one-half of the Aldermen elected have voted in favor of an ordinance, resolution, or motion even though there is no tie vote; or where a vote greater than a majority of the corporate authorities is required by law to adopt an ordinance, resolution, or motion. In each instance specified, the Mayor shall vote. Nothing in this division shall deprive an acting Mayor or Mayor Pro Tern from voting in their capacity as Alderman, but they shall not be entitled to another vote in their capacity as acting Mayor or Mayor Pro Tem (see Ill. Rev. Stat., Ch. 24, § 3-11-14)
Veto.
All resolutions and motions which create any liability against the city, or which provide for the expenditure or appropriation of its money; or to sell any city property, and all ordinances, passed by the City Council shall be deposited with the City Clerk. If the Mayor approves of them, he shall sign them. Those of which he disapproves he shall return to the City Council, with his written objections, at the next regular meeting of the City Council at which time the City Council shall reconsider them. If, after such reconsideration, two-thirds of all the Aldermen then holding office on the City Council shall agree at such regular meeting to pass an ordinance, resolution, or motion, notwithstanding the Mayor's refusal to approve it, then it shall be effective.
The Mayor may disapprove of any one or more sums appropriated in any ordinance, resolution, or motion making an appropriation, and so the remainder shall be effective. However, the Mayor may disapprove entirely of an ordinance, resolution, or motion making an appropriation. If the Mayor fails to return any ordinance of any specified resolution or motion with his written objectives, within the required time, it shall become effective despite the absence of his signature.
Sign commissions, contracts. The Mayor shall sign all commissions and warrants granted, issued, or drawn by the order of the City Council or authorized by the provisions of this code; in all contracts where the city is a party, unless otherwise provided, he shall sign the same on behalf of the city, and it shall be his special duty to see that the other contracting party faithfully complies with the contract; and in all suits wherein the city is a party it shall be the duty of the Mayor to advise with and assist the City Attorney in prosecuting or defending the same, as the case may be.
Designate another to sign. The Mayor may designate another to affix the signature of the Mayor to any written instrument, which is required to be signed by the Mayor. The Mayor shall send written notice of this designation to the City Council, stating the name of the person whom he has selected and what instrument the person will have authority to sign. A written signature of the Mayor executed by the person so designated, with the signature of the person so designated underneath, shall be attached to the notice. The notice, with the signatures attached, shall be recorded in the journal of the City Council and then filed with the City Clerk. When the signature of the Mayor is placed on a written instrument at the direction of the Mayor in the specified manner, the instrument, in all respects, shall be as binding on the city as if signed by the Mayor in person.
Examine records. The Mayor at all times may examine and inspect the books, and records, and papers of any agent, employee, or officer of the city.
Release prisoners. The Mayor may release any person imprisoned for violation of any provisions of this code, and shall report the release, with the reasons therefore, to the City Council at its first session thereafter.
Call out inhabitants, militia. When necessary, the Mayor may call out every male inhabitant over the age of eighteen (18) years of age to aid in enforcing laws and code provisions. Subject to the authority of the governor as commander in chief of the militia, the Mayor may call out the militia to aid in suppressing riots and other disorderly conduct, or to aid in carrying into effect any law or code provision.
Sell real estate. The Mayor and City Council are hereby authorized to convey pursuant to a resolution or ordinance directing them to do so, any and all lots, tracts, or parcels of real estate to which a title is held by the city under sale or conveyance for city taxes or assessments.
Resignation,
vacancy. A Mayor may resign from his office. A vacancy occurs in the office of
Mayor by reason of resignation, failure to elect or qualify, death, permanent
physical or mental disability, conviction of a disqualifying crime, abandonment
of office, or removal from office or by removal of his residence from the city.
(Ill. Rev. Stat., Ch. 24, § 3-4-5)
Filling of vacancy
If a vacancy occurs in the office of the Mayor and there remains an unexpired portion of the term of at least twenty eight (28) months, and the vacancy occurs at least one hundred thirty (130) days before the general municipal election next scheduled under the general election law, the vacancy shall be filled at that general municipal election. The City Council shall elect one of its members as Acting Mayor who shall perform the duties and possess all the rights and powers of the Mayor until a successor to fill the vacancy has been elected and has qualified.
If the vacancy occurs later than the time provided herein, the vacancy shall be filled by the City Council electing one of its members as Acting Mayor who shall perform the duties and possess all the rights and powers of the Mayor until a Mayor is elected at the next general municipal election and has qualified.
(Ill. Rev. Stat., Ch. 24, § 3-4-6)
Emergency appointment of Temporary Mayor by Council.
If a majority of the City Council members present at a regular meeting, or at a
meeting specially called by any member of the Council pursuant to this section,
agree at such meeting that an emergency exists within the municipality during a
vacancy in the office of Mayor or the temporary absence of the Mayor from the
municipality, then the City Council may appoint a member of the City Council to
exercise the duties of the Mayor until a vacancy in the office of Mayor ceases
to exist, the return of the Mayor or until such time as the City Council
revokes the appointment of the member of the City Council to exercise the
duties of the Mayor. During such temporary appointment, the appointed member of
the City Council shall be designated Temporary Mayor. The Temporary Mayor shall
receive no additional compensation because of such appointment.
(Ill.
Rev. Stat., Ch. 24, § 3-4-6.1)
Mayor Pro Tem. If a temporary absence or disability of the Mayor incapacitates him from the performance of his duties but does not create a vacancy in the office, the City Council shall elect one of its members to act as Mayor Pro Tem. The Mayor Pro Tem, during this absence or disability, shall perform the duties and possess all the rights and powers of the Mayor.
General Duties; Messages to Council.
The Mayor shall perform all the duties which are prescribed by law, including the city ordinances, and shall take care that the laws and ordinances are faithfully executed.
The Mayor, from time to time, may and annually shall give the Council information relative to the affairs of the city, and may recommend for their consideration such measures as he believes expedient.
Compensation. The Mayor shall receive an annual sum
payable in bi-weekly installments out of the City Treasury as established
by the City Council from time to time.
(Ord.
1229, passed 8-4-80)
Referral of communications. He shall, without delay, deliver to the officers of the city and to all committees of the City Council, all communications referred to those officers or committees of that body.
§ 30.21 CITY CLERK
Qualifications, term. The City Clerk shall be elected when the Mayor is elected. The Clerk shall have the qualifications set forth in § 30.04. He shall hold the office for four (4) years and until his successor is elected and qualified.
Vacancy. If a vacancy occurs in the office of the City
Clerk, it shall be filled by the Mayor with the advice and consent of the City
Council. The person so appointed shall hold office for the unexpired term of
the officer elected.
(Ill.
Rev. Stat., Ch. 24, § 3-4-2)
Oath, bond. Before entering upon the duties of City Clerk, he, whether elected or appointed, shall take and subscribe to the oath required of all officers of the city. The City Clerk before entering upon the duties of his office shall execute a bond in the penal sum of three thousand dollars ($3,000.00) with security to be approved by the City Council, conditioned upon the faithful performance of the duties of the office. This bond shall be filed with the City Treasurer.
Compensation. The City Clerk shall receive an annual
sum payable in bi-weekly installments out of the City Treasury as
established by the City Council from time to time. All fees payable by law to
the Clerk shall be the property of the city.
(Am. Ord. 1229, passed 8-4-80; Am. Ord. 1240, passed 3-16-81)
Duties. The City Clerk shall, in addition to any other duties imposed upon him or her by law, perform the following duties:
Attend all meetings of the City Council and shall be Clerk of such Council and shall keep a full record of its proceedings.
Issue notices to the members of the City Council when directed to do so by the Mayor or members of that body; also to members of the different committees, and to all persons whose attendance is required before any committee, when directed to do so by the Chairperson of such committee, and shall also issue notices of special meetings of the City Council.
Coordinate the proper disposition of applications for licenses granted under the ordinances of the city and attest with the corporate seal all licenses so granted.
Without delay (preferably within twenty four (24) hours), shall deliver to the files of the officers of the city and to all committees of the City Council all communications referred to those officers or committee of that body.
Act as secretary to the Mayor and Council and perform a wide variety of related duties as directed by them.
Attend all meetings of and act as secretary to the Board of Local Improvements, Planning Commission and Zoning Board of Appeals.
At the end of each day turn over to the City Treasurer all monies in the Clerk's possession belonging to the city.
Without delay (within twenty four (24) hours), shall deliver to the Mayor all ordinances or resolutions which may require approval or are to be acted upon by the Mayor, together with all papers on which the same are founded.
(Am. Ord. 1239, passed 8-4-80; Am. Ord. 1300, passed 3-16-81)Serve as the custodian of all official records, ordinances, resolutions, papers, files documents of every nature, including contracts and agreements of the city authorized by the City Council and shall maintain such methodically and systematically.
Shall preserve all books, records, papers, maps, and effects of every description belonging to the city or appertaining to said office, and not in the actual use and possession of other city officers, and upon expiration in any way of the Clerk's term of office, the Clerk shall, on demand, deliver all books, records, papers, and effects to the successor in office.
Be responsible for the city's compliance with the Open Meetings Act and Freedom of Information Act requirements, including processing requests for information.
The Clerk shall not allow any official books, records, or papers or other instruments of writing to be taken out of the Clerk's office by any other person than the City Clerk, the Mayor, or upon the order of a court of competent jurisdiction, or the Council. Provided, however, all papers, books, and records shall be open for public inspection unless otherwise prohibited by law.
The Clerk shall be responsible for the disposition of records in accordance with an established schedule approved by the City Council.
Register voters, supervise municipal election procedures as provided by state statutes, assure that elected and appointed city officials qualify for their respective offices and administer oaths of office.
Certify to appropriate authorities the list of elected officials and employees required to file annual Statements of Economic Interest.
Assure that all legal and other official notices are published and posted in accordance with state statute and local ordinance.
Assure the proper recording of city documents and maintenance of subdivision and annexation plats and zoning maps.
Act as notary public.
Provide historical information, assistance and support to newly elected and appointed city officials.
Maintain regular office hours at City Hall of at least eight (8) hours per day, between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, except for holidays and normal vacation taken during the hours and days stated above.
Perform other related duties as may be required by statute from time to time.
Appoint Deputy.
When authorized by the City Council, the Clerk may appoint one Deputy
Clerk, who shall have the power and duty to execute all documents required by
any law to be executed by the City Clerk, and affix the seal of the Clerk
thereto wherever required. In signing any document, a Deputy Clerk shall sign
the name of the Clerk followed with the word "By" and the Deputy
Clerk's own name and the words "Deputy Clerk." The powers and duties
herein described shall be exercised only in the absence of the City Clerk from
the place where the Clerk's office is maintained, and only when either written
direction has been given by the Clerk to such deputy to exercise such power, or
the Council has determined by resolution that the Clerk is temporarily or
permanently incapacitated to perform such function. When duly authorized as
herein provided, the signature affixed by any such Deputy in the manner herein
prescribed on any document, including, but not limited to contracts, bonds, or
other obligations of the city, shall have the same effect as if the documents
so executed had been signed by the City Clerk.
(Am. Ord. 1768, passed 1-4-93)
Ordinances to be filed. The originals of all ordinances passed by the City Council shall be filed in the City Clerk's office.
Custodian of Official Papers and the like.
The City Clerk is named as custodian of all papers, files, and documents of every nature, including contracts and agreements of the city authorized by the City Council.
The City Clerk shall keep all such papers, files, and documents of every nature including all city contracts and agreements, and arrange the same methodically and systematically.
Disposition of records. The disposition of records shall be in accordance to an established schedule approved by the City Council.
Records to successor. He shall carefully preserve in his office all books, records, papers, maps, and effects of every description belonging to the city or appertaining to said officer, and not in the actual use and possession of other city officers, and upon expiration in any way of his official term, he shall, on demand, deliver all such books, records, papers, and effects to his successor in office.
Removal of records, papers from officer. The Clerk shall not allow any books, records, or papers or other instruments of writing to be taken out of his office, by any other person than himself, the Mayor or upon the order of a court of competent jurisdiction, of the Council. All papers, books, and records, shall be open for inspection by the public unless otherwise prohibited by law.
Additional duties. In addition to the duties of the City Clerk set forth in this section, the City Clerk shall under the direction of the Council:
Supervise the recording of city documents; maintain city annexation and zoning maps.
Accept applications for new subdivisions and guide them through the various stages of approval; ascertain their accuracy for final signatures and determine that required fees have been paid.
Supervise municipal election procedures as provided by state statutes.
Administer oaths, including making certain that officials qualify by filing required forms in order to qualify for elected or appointed offices.
Provide continuity in city affairs during changes in administrations by virtue of records maintained and of knowledge and experience gained through continual experience in most city functions to advising, counseling and guiding newly elected and appointed officials as necessary or as requested.
Maintain and manage a city information center by virtue of knowledge and experience, and as the source of records and documents the Clerk responding to all inquiries from other governmental bodies and the public.
Act as secretary to the Mayor and Council and performing a wide variety of duties as directed by them.
Act as secretary to the Planning Commission, Board of Local Improvements, Economic Development Commission, and such other commissions and committees as directed by the Mayor.
Accept applications and issue necessary permits to sewer contractors doing business in the city.
Assist census officials in the necessary preparations for a successful census operation.
Act as notary public.
Register voters.
Publish legal and official notices.
Perform other duties required by state law.
Benefits.
The Clerk shall receive the health insurance, dental insurance, life insurance
and accidental death and dismemberment insurance benefits provided by the city
from time to time to all other full-time employees of the city.
(Am. Ord. 2044, passed 10-21-96)
§ 30.22 CITY TREASURER
Qualifications, term. The City Treasurer shall be elected when the Mayor is elected, except in case of a special election. He shall have the qualifications set forth in § 30.04. He shall hold the office for four years and until his successor is elected and qualified.
Vacancy. If a vacancy occurs in the office of City
Treasurer, it shall be filled by the Mayor with the advice and consent of the
City Council. The person so appointed shall hold office for the unexpired term
of the officer elected.
(Ill. Rev. Stat., Ch. 24, § 3-4-2)
Bond. Before entering upon the duties of City
Treasurer, he, whether elected or appointed, shall take and subscribe to the
oath required of all officers of the city. The City Treasurer before entering
upon the duties of his office shall execute a bond with security, to be
approved by the corporate authorities. The bond shall be payable to the
municipality, conditioned upon the faithful performance of the duties of the
office of City Treasurer and the payment of all moneys received by such
officer, according to law and the ordinances of the city. The bond shall be
fixed at an amount of money that is not less than three times the latest
federal census population or any subsequent census figure used for motor fuel
tax purposes, or fifty thousand dollars ($50,000.00), whichever is greater; but
in no event shall the amount of the bond be fixed at less than fifty thousand
dollars ($50,000.00). This bond shall be filed with the Municipal Clerk.
(Ill. Rev. Stat. Ch. 24, § 3-14-3)
Compensation. The City Treasurer shall receive an
annual sum as established by City Council from time to time, payable in
biweekly installments out of the City Treasury.
(Ill. Rev. Stat. Ch. 24, § 3-14-3)
Duties.
The City Treasurer shall receive all money belonging to the municipality and shall keep his books and accounts in the manner prescribed by ordinances of the city. These books and accounts shall always be subject to the inspection of any member of the corporate authorities.
He shall keep a separate account of each fund or appropriation, and the debits and credits belonging thereto.
He shall give every person paying money into the City Treasury a receipt therefore, specifying the date of payment, and upon what account paid. He shall file copies of these receipts with the City Clerk, with his monthly reports. If he has in his possession money properly appropriated to the payment of any warrant lawfully drawn upon him, he shall pay the money specified in this warrant to the person designated by the warrant.
(Ill. Rev. Stat. Ch. 24, § 3-10-1)
Monthly Statement; warrants; vouchers; register. At the end of every month, and oftener if required by the corporate authorities, the City Treasurer shall render an account under oath to the corporate authorities, or to such officer as may be designated by ordinance, showing the state of the Treasury at the date of the account, with a statement of all money received into the Treasury and on what account, together with all warrants redeemed and paid by him. On the day he renders an account, these warrants, with all vouchers held by him, shall be delivered to the City Clerk and filed, together with the account, in the Clerk's office. He shall return all warrants paid by him marked paid. He shall keep a register of all warrants, which shall describe each warrant, showing its date, amount, and number, the fund from which paid, the name of the person to whom paid, and when paid.
Deposit of funds; Designation of bank; Qualification of bank.
The City Treasurer shall be required to keep all funds and money in his custody belonging to the municipality in such places of deposit as may be designated by ordinance, and, when requested by the Municipal Treasurer, the corporate authorities shall designate a bank or banks in which may be kept the funds and money of the municipality, in the custody of the Treasurer. When a bank has been designated as a depository, it shall continue as such until ten (10) days have elapsed after a new depository is designated and has qualified by furnishing the statements of resources and liabilities as required by law. When a new depository is designated, the corporate authorities shall notify the sureties of the Municipal Treasurer of that fact, in writing at least five (5) days before the transfer of funds. The Treasurer shall be discharged from responsibility for all funds or money which he deposits in a designated bank while the funds and money are so deposited. If municipal funds of money are deposited in a designated bank, however, the amount of such deposits shall not exceed seventy five percent (75%) of the bank's capital stock and surplus, and the Treasurer shall be responsible for funds or money deposited in the bank in excess of this limitation.
No bank shall be qualified to receive municipal funds or money until it has furnished the corporate authorities with copies of the last two sworn statements of resources and liabilities which the bank is required to furnish to the Commissioner of Banks and Trust Companies or to the comptroller of currency. Each bank designated as a depository for such funds or money shall, while acting as such depository, furnish the corporate authorities with a copy of all statements of resources and liabilities which it is required to furnish to the Commissioner of Banks and Trust Companies or the comptroller of currency.
(Ill. Rev. Stat. Ch. 24, § 3-10-3)
Personal use of funds. The Municipal Treasurer shall
keep all money belonging to the municipality in his custody separate and
distinct from his own money, and he shall not use, either directly or
indirectly, the municipality's money or warrants in his custody for his own use
and benefit, or that of any other person. Any violation of this provision shall
subject him to immediate removal from office by the corporate authorities, who
may declare the Treasurer's office vacant. In that case, his successor shall be
appointed, and he shall hold his office for the remainder of the unexpired term
of the Treasurer so removed.
(Ill.
Rev. Stat. Ch. 24, § 3-10-4)
Treasurer's report; account of receipts and
disbursements. The City Treasurer shall report to the corporate authorities,
annually, a full and detailed account of all receipts and expenditures of the
municipality, as shown by his books, up to the time of the report.
(Ill.
Rev. Stat. Ch. 24, § 3-10-5)
Annual accounts; preparation and filing; contents; publication.
Within six (6) months after the end of each fiscal year the Treasurer shall annually prepare and file with the Municipal Clerk of the City, an account of all moneys received and expenditures incurred during the preceding fiscal year. The Treasurer shall show in such account:
All moneys received by the municipality, indicating the total amounts, in the aggregate, received in each account of the municipality, with a general statement concerning the source of such receipts; provided, for the purpose of this division (J)(1)(a) the term ACCOUNT shall not be construed to mean each individual taxpayer, householder, licensee, utility user, or such other persons whose payments to the municipality are credited to a general account;
Except as provided in division (J)(1)(c) of this section, all monies paid out by the municipality where the total amount paid during the fiscal year exceeds one thousand dollars ($1,000.00) in the aggregate, giving the name of each person to whom paid, and the total paid to each person.
All moneys paid out by the municipality as compensation for personal services, giving the name of each person to whom paid, and the total amount paid to each person from each such account; and
A summary statement of operations for all funds and account groups of the municipality, as excerpted from the annual financial report as filed with the appropriate state agency.
The preceding fiscal year for which such account must be prepared is the fiscal year of the municipality which ends during the twelve (12) month period immediately preceding July 23 of the year in which the report is filed.
Upon receipt of such account from the Municipal Treasurer, the Municipal Clerk shall publish the account at least once, in one or more newspapers published in the municipality, or, if no newspaper is published therein, then in one (1) or more newspapers having a general circulation within the municipality.
Copy of annual account; filing affidavit. Within six months after the end of each fiscal year, the City Treasurer shall file with the City or County Collector of taxes who collects taxes levied by this municipality, a copy of the annual account which is required to be filed with and published by the Municipal Clerk, as provided in division (J) of this section together with an affidavit of the Clerk stating that such copy is a true and correct copy of such account filed with him, that it was published as required by law, and the newspaper in which it was published.
Special assessment funds. All money received on any special assessment shall be held by the Municipal Treasurer as a special fund, to be applied to the payment of the improvement for which the assessment was made, and the money shall be used for no other purpose, except to reimburse the municipality for money expended for such improvement unless a separate collector of special assessments is appointed and qualified.
Referral
of communications. He shall, without delay deliver to the files of the officers
of the city and to all committees of the City Council, all communications referred
to those officers or committees of that body.
(Am. Ord. 1768, passed 1-4-93)
§ 30.35 CITY ADMINISTRATOR
Creation of office. The office of City Administrator
is created.
(Ord.
1052, passed 3-20-72)
Appointment.
The city administrator shall be appointed by the Mayor and confirmed by a majority vote of the city council. The term of the appointment shall be for a period of time designated in the employment agreement, but in no event exceeding five years from the date of the commencement of the term of office of the city administrator. The term of office contained in the employment agreement may be extended and renewed by a majority vote of the city council. The term of office and the employment agreement may be terminated by the city council at any time a majority of the corporate authorities pass a "no confidence" vote.
(Ord. 1213, passed 4-18-77; Am. Ord. 1593, passed 6-19-89; Am. Ord. 2219, passed 1-3-00)The City Administrator shall be chosen solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of accepted practice in respect to the duties of his office hereinafter set forth. At the time of his appointment, he need not be a resident of the city or the state, but during his tenure of office he shall reside within the city.
(Ord. 1052, passed 3-2-72)
Powers and duties. The City Administrator shall be the chief administrative officer of the city. He shall be responsible to the Mayor and City Council for the proper administration of the affairs of the city. He shall be required to:
May promulgate rules and regulations not in conflict with the city code, special ordinances, or state law.
Appoint all city employees, except those employees appointed by the Mayor and except all police officers subject to the jurisdiction of the Board of Police Commissioners; and supervise, direct, and manage all city employees which he has the power to appoint in all aspects of their employment, including, but not limited to, discipline and termination of employment.
Enforce all city ordinances except those ordinances specified to be enforced by another officer of the city.
Attend all meetings of the City Council. The City Administrator shall have the right to take part in the discussions of all matters coming before the City Council, but shall have no right to vote. He shall be entitled to notice of all special and regular meetings of the City Council.
Recommend to the City Council, adoption of such measures as he may deem necessary or expedient, and advise the City Council on all matters that come to his attention.
Exercise supervision, direction, and management of all departments or divisions of the city now in existence or as reorganized by this code, or that may hereafter be created by the City Council, and be responsible for the day to day implementation of Mayor and City Council policies for all departments or divisions.
Recommend to the City Council the creating, consolidating, and combining of offices, positions, departments, or units of the administrative and executive departments of the city.
Make recommendations to the City Council concerning compensation and job classification for each employee in the city service.
Prepare the budget and is responsible for the administration of the budget following its adoption.
Investigate all complaints in relation to matters concerning the administration of the city and services maintained by the public utilities in the city. He shall see that all franchises, permits, and privileges granted by the city are faithfully observed.
Be responsible for all purchasing functions of the city as carried out by the Office Manager. The corporate authorities hereby delegate to the City Administrator the authority to transfer dollar amounts between and among budgeted line items within any given budgeted fund; provided, however, that the transfers of dollar amounts must be to and from line items within the same budgeted fund, the transfers shall neither increase nor decrease the total expenditures for the fund, and that all such transfers shall be approved by motion and affirmative vote of the City Council. For a purchase of more than five hundred dollars ($500.00), the City Administrator shall make all efforts to receive two or more quotations, and for a purchase of more than five thousand dollars ($5,000.00) shall present the quotations to the City Council for approval or rejection. Any work or other public improvement which is not to be paid for in whole or in part by special assessment or special taxation, when the expense thereof will exceed such amount as shall be provided from time to time by Ill. Rev. Stat., Ch. 24, § 8-9-1, shall be bid and let in compliance with Ill. Rev. Stat., Ch. 24, § 8-9-l.
Work with the community organizations and other governmental jurisdictions to maximize productivity and achieve results beneficial to the city. He shall serve as liaison with other area wide and local departments, boards, agencies, and jurisdictions.
Keep a current inventory of all real and personal property of the city and the location of such property. He shall be responsible for the care and custody of all city property which is not by statute or ordinance assigned to some other officer or body for care and control.
Submit to the Council, promptly following the end of the fiscal year, a complete report on the administrative activities of the city for the fiscal year.
Have no conflict of interests.
Devote his entire time to the discharge of his official duties. Assume no other employment.
In all his functions and powers be subject to the supreme power of the City Council.
Perform such other lawful duties as may be required by resolution or ordinance of the City Council.
The City Administrator or his designee shall serve the enterprise zone as the Zone Administrator.
(Ord. 1475, passed 12-16-85; Am. Ord. 1647, passed 10-15-90; Am. Ord. 1772, passed 2-1-93; Am. Ord. 2300, passed 6-18-01)
Referral of communications. He shall, without delay, deliver to the files of the officers of the city and to all committees of the City Council, all communications referred to those officers or committees of that body.
Bond. The City Administrator shall furnish a bond in the amount of three thousand dollars ($3,000.00), said bond to be conditioned on the faithful performance of his duties and shall be conditioned to indemnify the city for any loss by reason of any neglect of duty or any act of the City Administrator. The cost of the bond shall be paid by the city.
Compensation. The City Administrator shall receive an annual sum payable in bi-weekly installments out of the City Treasury as established by the City Council from time to time.
Acting
City Administrator. During the temporary absence or disability of
the City Administrator, the Mayor shall automatically assume the duties of
Administrator until such time as the Mayor and City Council decide that an
acting City Administrator is needed. In such event, the Mayor and City Council
shall appoint an acting City Administrator, with all the powers and duties of
that office. The acting City Administrator shall perform all the duties of that
office without furnishing any additional bond, if such appointee shall already
be under bond to the city in any other capacity. If such appointment shall be
of a person not already under bond to the city, such appointee shall furnish a
bond in such amount and with such surety as may be approved by the Council. The
cost of the bond shall be paid by the city. The acting City Administrator may
have other employment, if permitted by action of the City Council.
(Ord. 1052, passed 3-2-72)
§ 30.36 MUNICIPAL BUDGET OFFICER.
Creation and appointment. There is and shall be a
position of Municipal Budget Officer, who shall be qualified and appointed
annually by the Mayor, by and with the consent of the City Council.
(Am. Ord. 1768, passed 1-4-93)
Oath, bond.
The Municipal Budget Officer shall take and subscribe to the oath required of all officers of the city. Before entering upon the duties of Municipal Budget Officer, he shall execute a bond with security, to be approved by the corporate authorities. The bond shall be payable to the municipality, conditioned upon the faithful performance of the duties of the office of Municipal Budget Officer and the payment of all monies received by such Officer, according to law and the ordinances of the city. The bond shall be fixed at an amount of money that is not less than three times the latest federal census population of any subsequent census figure used for motor fuel tax purposes, or fifty thousand dollars ($50,000.00), whichever is greater; but in no event shall the amount of the bond be fixed at less than fifty thousand dollars ($50,000.00). This bond shall be filed with the Municipal Clerk.
(Am. Ord. 1768, passed 1-4-93)
Compensation. The Municipal Budget Officer shall
receive an annual sum payable in bi-weekly installments out of the City
Treasury as established by the City Council from time to time.
(Ord.
1299, passed 8-4-80)
Duties. The Municipal Budget Officer shall have the following powers and duties:
Permit and encourage and establish the use of efficient planning, budgeting, auditing, reporting, accounting, and other fiscal management procedures in all municipal departments, commissions, and boards.
Compile an annual budget in accordance with ordinances of the city and state statutes.
Examine all books and records of all municipal departments, commissions, and boards which relate to moneys received by the municipality, municipal departments, commissions, boards, and paid out by the municipality, municipal departments, commissions, and boards, debits accounts receivable, amounts owed by or to the municipality, municipal departments, commissions, and boards.
Obtain such additional information from the municipality, municipal departments, commissions, and boards as may be useful for purposes of compiling an annual budget, such information to be furnished by the municipality, municipal departments, commissions, and boards in the form required by the Municipal Budget Officer. Any department, commission, or board which refuses to make such information as requested of it available to the Municipal Budget Officer shall not be permitted to make expenditures under any subsequent budget for the municipality until such municipal department, commission, or board shall comply in full with the request of the Municipal Budget Officer.
Establish and maintain such procedures as shall insure that no expenditures are made by the municipality, municipal departments, commissions, or boards except as authorized by the budget.
(Ord. 984, passed 3-16-70)
§ 30.37 CITY COLLECTOR.
Creation of office. There is hereby created the office of City Collector, an executive office of the city. He shall be appointed for one (1) year.
Appointment. The City Collector shall be appointed by the Mayor with the approval of the corporate authorities as provided by statute.
Oath, bond. The City Collector shall take and subscribe to the oath required of all officers of the city. Before entering upon the duties of the City Collector, he shall execute a bond with security, to be approved by the corporate authorities. The bond shall be payable to the municipality, conditioned upon the faithful performance of the duties of the office of City Collector and the payment of all money received by such officer, according to law and the ordinances of the city. The bond shall be fixed at an amount of money that is not less than two (2) times the latest federal census population or any subsequent census figure used for motor fuel tax purposes, or fifty thousand dollars ($50,000.00), whichever is greater; but in no event shall the amount of the bond be fixed at less than fifty thousand dollars ($50,000.00). This bond shall be filed with the Municipal Clerk.
Compensation.
The City Collector shall receive an annual sum payable in bi-weekly
installments out of the City Treasury as established by the City Council from
time to time. All fees payable by law to the City Collector shall be the
property of the city.
(Ord. 1414, passed 5-21-84)
Duties.
It shall be the duty of the City Collector to collect and receive all money due on special assessments and special taxes which are not paid directly to the City Treasurer, and to keep such records pertaining to such collections as may be required by statute or ordinance.
A collector shall maintain regular office hours at city hall at least two (2) days per week.
(Ord. 1414, passed 5-21-84; Am. Ord. 1768, passed 1-4-93)
Reports.
The City Collector shall make such reports regarding delinquent special assessments as are required by statute, and shall make a quarterly report to the City Council, showing what money has been received and the source thereof.
The City Collector shall also make an annual report, during the last month of the fiscal year, showing all the activities of his office.
(Ord. 1330, passed 3-16-81)
§ 30.38 CITY ATTORNEY.
Appointment. The City Attorney shall be appointed by the Mayor with the consent of the City Council for a period of one (1) year and until the successor is appointed. The position shall be filled by an attorney licensed to practice law in the State of Illinois, who may represent a professional law firm.
Duties. The City Attorney shall act as legal advisor to the city in the conduct of all its legal business; prepare and draft ordinances and legal business; prepare and draft ordinances and legal documents and render legal opinions when requested by the Mayor and City Council on all questions concerning city interests; attend all regular and special meetings of the Mayor and City Council; in addition, he shall perform other such duties or special services which the Mayor and City Council may require.
Additional duties.
The City Attorney shall be the legal advisor of the Mayor and City Council, its committees and all other city officers, in matters pertaining to the transactions of the city's business, and when so required shall give his opinion in writing.
The City Attorney shall institute, prosecute, and defend all suits in which the city is a party; shall cause executions to be issued or judgments which may be collected, and attend to their prompt collection; and pay all money received by him to the Office Manager.
Special counsel. The Mayor and City Council may employ additional attorneys to assist the City Attorney in any legal matter or proceeding, or to conduct any particular legal matter or proceeding.
Compensation.
The City Attorney shall receive reasonable compensation for such legal services
as he is directed to perform by the City Council from time to time.
(Am. Ord. 1484, passed 3-3-86; Am. Ord. 1768, passed 1-4-93; Am.
Ord. 1859, passed 8-1-94)
§ 30.39 CITY ENGINEER.
Appointment. The City Engineer shall be appointed by the Mayor with the consent of the City Council for a period of one (1) year and until the successor is appointed. The position shall be filled by a registered professional engineer in the state who may represent a professional engineering firm.
Duties. The City Engineer in conjunction with the Plat Officer, shall be responsible for the implementation and enforcement of the city subdivision code; attend all regular and special meetings of the City Council; render technical decisions when requested by the Mayor and City Council; advise the Council on all public works construction within the city; perform the functions and duties granted elsewhere by ordinance and state statute; and in addition, perform other duties as from time to time may be requested by the Mayor and City Council. He may accept an appointment by the Board of Local Improvements to prepare the estimate of cost of plans and specifications for the proposed improvements.
Compensation. The City Engineer shall receive an annual sum payable in bi-weekly installments out of the City Treasury as established by the City Council from time to time.
§ 30.65 ADOPTION BY REFERENCE; APPLICATION.
The
employment policies and practices set forth in the personnel manual, as adopted
by the City Council, as amended from time to time is hereby adopted by
reference and shall remain in effect until changed by resolution or ordinance
and shall apply to all employees of the city.
(Ord.
1265, passed 4-19-79)
§ 30.99 PENALTY
Whoever violates § 30.07 shall be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00) for each offense.