Chapter 2
ADMINISTRATION*
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Cross references: Civic and cultural affairs, ch. 26; municipal band commission, § 26-26 et seq.; civil emergencies, ch. 30; elections, ch. 34; board of health, § 42-26 et seq.; human relations, ch. 46; library, ch. 50; solid waste, ch. 66; streets, sidewalks and other public places, ch. 70; taxation, ch. 78; utilities, ch. 86; tree commission, § 90-46 et seq.; zoning, app. A; board of zoning appeals, app. A, art. XXI; plan commission, app. A, art. XXIII.
State law references: Municipal officers generally, 65 ILCS 5/3.1-5-5 et seq.; general functions and duties of municipal officers, 65 ILCS 5/3.1-35-5 et seq.; compensation of municipal officers, 65 ILCS 5/3.1-30-5 et seq.; qualifications of municipal officers, 65 ILCS 5/3.1-10-5 and 5/3.1-10-6; municipal employees and employment, 65 ILCS 5/10-1-1 et seq.; municipal powers and functions, 65 ILCS 5/11-1-1 et seq.
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Article I. In General
Sec. 2-1. Fiscal year.
Secs. 2-2– 2-25. Reserved.
Article II. City Council
Division 1. Generally
Sec. 2-26. Change orders in contracts.
Secs. 2-27– 2-50. Reserved.
Division 2. Meetings
Sec. 2-51. Time of meetings.
Sec. 2-52. Special meetings.
Sec. 2-53. Quorum; compelling attendance.
Sec. 2-54. Rules.
Secs. 2-55– 2-65. Reserved.
Division 3. Standing Committees
Sec. 2-66. Establishment; appointment.
Sec. 2-67. Duties.
Secs. 2-68– 2-90. Reserved.
Article III. Officers and Employees
Division 1. Generally
Sec. 2-91. Qualification.
Sec. 2-92. Term.
Sec. 2-93. Vacancies.
Sec. 2-94. Appointed officers, appointment, term, removal.
Sec. 2-95. Bond.
Sec. 2-96. Oath of office.
Sec. 2-97. Officers to be commissioned; form.
Sec. 2-98. Salaries.
Sec. 2-99. Domicile for employees.
Secs. 2-100– 2-110. Reserved.
Division 2. Mayor Pro Tem
Sec. 2-111. Establishment of position; powers.
Secs. 2-112– 2-119. Reserved.
Division 3. City Attorney
Sec. 2-120. Created; qualification.
Sec. 2-121. Bond.
Sec. 2-122. Duties.
Secs. 2-123– 2-135. Reserved.
Division 4. City Clerk
Sec. 2-136. Bond.
Sec. 2-137. Duties.
Sec. 2-138. Records open for public inspection.
Sec. 2-139. Clerk pro tem.
Secs. 2-140– 2-150. Reserved.
Division 5. City Treasurer
Sec. 2-151. Bond.
Sec. 2-152. Duties.
Secs. 2-153– 2-165. Reserved.
Division 6. City Collector
Sec. 2-166. Created; appointment; compensation.
Sec. 2-167. Reserved.
Sec. 2-168. Bond.
Sec. 2-169. Duties.
Secs. 2-170– 2-179. Reserved.
Division 7. City Marshal; Deputy City Marshal
Sec. 2-180. Created, purchasing agent.
Sec. 2-181. Bond.
Sec. 2-182. Duties.
Sec. 2-183. Penalty for neglect of duty.
Sec. 2-184. Reserved.
Secs. 2-185– 2-195. Reserved.
Division 8. Superintendent of Public Utilities
Sec. 2-196. Created– Purchasing agent.
Sec. 2-197. Vacancy.
Sec. 2-198. Bond.
Sec. 2-199. Duties.
Sec. 2-200. Assistant superintendent of public works.
Secs. 2-201– 2-210. Reserved.
Division 9. Office Manager
Sec. 2-211. Created– Purchasing agent.
Sec. 2-212. Reserved.
Sec. 2-213. Bond.
Sec. 2-214. Duties.
Secs. 2-215– 2-225. Reserved.
Division 10. Building Inspector
Sec. 2-226. Created.
Sec. 2-227. Reserved.
Sec. 2-228. Bond.
Sec. 2-229. Duties.
Secs. 2-230– 2-232. Reserved.
Division 11. Economical Development Director
Sec. 2-233. Created.
Sec. 2-234. Duties.
Secs. 2-235– 2-239. Reserved.
Division 12. Director of Public Works
Sec. 2-240. Created, purchasing agent.
Sec. 2-241. Bond.
Sec. 2-242. Duties.
Sec. 2-243. Assistant director of public works.
Sec. 2-244. Senior technician.
Secs. 2-245– 2-250. Reserved.
Article IV. Employee Benefits
Sec. 2-251. Participation in Illinois Municipal Retirement Fund.
Secs. 2-252– 2-270. Reserved.
Article V. Departments
Division 1. Generally
Secs. 2-271– 2-280. Reserved.
Division 2. Street and Alley Department
Sec. 2-281. Established.
Sec. 2-282. Supervision by committee on streets and alleys.
Secs. 2-283– 2-289. Reserved.
Division 3. Public Works Department
Sec. 2-290. Established.
Secs. 2-291– 2-305. Reserved.
Article VI. Finance
Division 1. Generally
Sec. 2-306. Depositories for city funds designated.
Sec. 2-307. Purchasing requirements.
Sec. 2-308. Reserved.
Sec. 2-309. Bidding and contract procedures.
Secs. 2-310– 2-320. Reserved.
Division 2. Capital Improvement Fund
Sec. 2-321. Establishment.
Sec. 2-322. Funding.
Sec. 2-323. Uses.
Sec. 2-324. Procedure for expenditures.
Secs. 2-325– 2-340. Reserved.
Article VII. Officials and Employees Ethics
Division 1. Definitions
Sec. 2-341. Definitions.
Division 2. Prohibited Political Activities
Sec. 2-342. Prohibited political activities.
Division 3. Gift Ban
Sec. 2-343. Gift ban.
Sec. 2-344. Exceptions.
Sec. 2-345. Disposition of gifts.
Division 4. Penalties
Sec. 2-346. Penalties.
Secs. 2-347– 2-350. Reserved.
Article VIII. Investment Policy
Sec. 2-351. Policy.
Sec. 2-352. Scope.
Sec. 2-353. Prudence.
Sec. 2-354. Objective.
Sec. 2-355. Delegation of authority.
Sec. 2-356. Ethics and conflicts of interest.
Sec. 2-357. Authorized financial dealers and institutions.
Sec. 2-358. Authorized and suitable investments.
Sec. 2-359. Collateralization.
Sec. 2-360. Safekeeping and custody.
Sec. 2-361. Diversification.
Sec. 2-362. Maximum maturities.
Sec. 2-363. Internal control.
Sec. 2-364. Performance standards.
Sec. 2-365. Reporting.
Sec. 2-366. Marking to market.
Sec. 2-367. Investment policy adoption.
ARTICLE I. Sec. 2-1. Fiscal year.
The fiscal year of the city shall commence on May 1, and shall end on April 30, of the subsequent year.
(Code 1976, § 2-1; Ord. No. 04-19, § 1, 7-29-04)
State law references: "Municipal year" defined, 65 ILCS 5/1-1-2(5).
Secs. 2-2– 2-25. Reserved.
ARTICLE II. DIVISION 1. Sec. 2-26. Change orders in contracts.
(a) Any change order authorized under this section shall be made in writing. Prior to approving any change order to any contract, the city council shall first either make a determination, which determination shall be voted on and entered in the minutes of the council meeting, or first obtain a determination in writing from a department head of the city or from any other designee authorized by the city council or a department head to make such determination that:
(1) The circumstances said to necessitate the change in performance were not reasonably foreseeable at the time the contract was signed;
(2) The change is germane to the original contract as signed; or
(3) The change order is in the best interests of the city and is authorized by law.
A copy of such written determination and the written change order resulting from that determination shall be preserved in the contract's file, which shall be open to the public for inspection. This section shall only apply to change orders which authorize or necessitate an increase or decrease in the cost of a contract by a total of $10,000.00 or more or authorize or necessitate an increase or decrease in the time of completion by a total of 30 days or more.
(b) Contract negotiations under the Local Government Professional Services Selection Act (50 ILCS 510/0.01 et seq.) shall not be subject to the provisions of this section.
(Ord. No. 91-31, § 1(2-107), 10-14-91; Ord. No. 02-12, § 1, 7-8-02)
State law references: Change orders, 720 ILCS 5/33E-9; contract negotiations under Local Government Professional Services Selection Act, 720 ILCS 5/33E-13.
Secs. 2-27– 2-50. Reserved.
DIVISION 2. Sec. 2-51. Time of meetings.
(a) Regular meetings of the city council shall be held on the evenings of the second and fourth Mondays of every month during the year; except when such Mondays happen to be a legal holiday, in which case the council shall meet on the evening of the next Wednesday following such Monday. Adjourned meetings may be held for the purpose of completing the unfinished business of the regular meetings, at such time or times as may be determined by the council.
(b) For the purposes of this section, a "legal holiday" shall be a day designated as a legal holiday by the state pursuant to 205 ILCS 630/17, except that the second Monday in February and October shall not be considered a legal holiday.
(Code 1976, § 2-104; Ord. No. 06-2, § 1, 1-23-06)
Sec. 2-52. Special meetings.
Special meetings may be called by the mayor or by a quorum of the city council, whenever in the mayor's or its discretion it may be deemed necessary; in which event it shall be the duty of the chief of police to cause all members of the council to be duly notified of such meeting, and the attendance of members of the council upon such special meeting may be compelled by the mayor.
(Code 1976, § 2-104; Ord. No. 01-14, § 1, 8-13-01)
Sec. 2-53. Quorum; compelling attendance.
At all regular and special meetings of the city council, a majority of all the aldermen elected shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time, and may compel the attendance of absentees, under such penalties as may be prescribed by ordinance.
(Code 1976, § 2-105)
Sec. 2-54. Rules.
The following rules for the government of the deliberations of the city council are hereby adopted:
(1) The regular meetings of the city council shall convene at 7:30 p.m.
(2) The order of business at all regular sessions of the council shall be as follows (except that business designated by an asterisk (*) shall be transacted on the first meeting of the month only):
a. Roll call.
b. Pledge of allegiance to the flag.
c. Reading of the minutes of previous meetings and special meetings.
d. Collector's report.*
e. Treasurer's report.*
f. Investment transaction's report.*
g. Police report.*
h. Building permit report.*
i. Unfinished business.
j. New business.
k. Special reports.
l. Reports of standing committees.
m. Reports of special committees.
n. Pay bills.*
o. Adjourn.
(3) The mayor shall preside at all meetings, and shall take the chair and call the council to order at the hour appointed for the meeting, and, at the instance of the council members present, shall order the attendance of the absentees, which order shall be enforced by the chief of police, who shall be present at all meetings.
(4) The mayor shall decide all questions of order, subject to appeal to the council.
(5) The mayor shall preserve decorum and if any member of the council shall be adjudged out of order, he shall sit down and be silent, unless permitted to explain by the council.
(6) Every alderman present shall vote on all questions put by the mayor, unless the council shall excuse him; but no member of the council shall vote if he has any pecuniary interest therein. All motions, propositions or resolutions shall be in writing if required by any member of the council.
(7) Any member of the council may have his protest entered at large upon the journal against any act that may be done by the council.
(8) All committees shall consist of not less than three members, and shall be appointed by the mayor unless otherwise ordered by the council.
(9) In taking the yeas and nays on a call of the vote of the council, the roll shall be called alphabetically, the mayor voting last and only in case of a tie or if otherwise required by statute or law. The first member to vote on a call shall rotate. The first member to vote shall be the next member, alphabetically, after the first member who voted on the previous call. The call shall then proceed alphabetically to the end of the alphabet and then shall continue from the beginning of the alphabet until it reaches the member who voted first on the previous call.
(10) All votes of council upon the passage of ordinances, and all propositions to create any liability against the city, or for the expenditure and appropriation of its money, upon the confirmation of officers appointed by the mayor, and in all other cases at the request of any member, shall be taken by yeas and nays, and be entered by the clerk upon the records of the city.
(11) No member shall speak more than twice on any question, nor more than ten minutes at one time, except by permission of the council.
(12) The mayor or presiding officer of the council shall at all times enforce the strictest parliamentary discipline.
(13) These rules, or any of them, may be suspended by the unanimous consent of all aldermen present, and not otherwise.
(Code 1976, § 2-101; Ord. No. 93-23, § 1, 7-12-93; Ord. No. 01-14, § 2, 8-13-01)
Secs. 2-55– 2-65. Reserved.
DIVISION 3. Sec. 2-66. Establishment; appointment.
It shall be the duty of the mayor at the first regular meeting of the city council in May, or as soon thereafter as may be convenient, to appoint standing committees of the council, to consist of not less than three aldermen each, and which shall be as follows:
(1) Buildings, offices and properties.
(2) Economic development and retention.
(3) Electric.
(4) Employee relations.
(5) Gas.
(6) Insurance and finance.
(7) Ordinance.
(8) Park/youth activities.
(9) Police.
(10) Street and alley.
(11) Water and sewer.
(Code 1976, § 2-102; Ord. No. 91-11, § 1(2-102), 5-29-91; Ord. No. 96-8, § 1, 5-29-96; Ord. No. 98-18, § 1, 8-10-98; Ord. No. 01-5, § 1, 5-30-01; Ord. No. 05-8, § 1, 5-09-05; Ord. No. 05-13, § 1, 5-24-05; Ord. No. 07-4, § 1, 3-12-07)
Sec. 2-67. Duties.
It shall be the duty of all the committees of the city council to keep a close watch on the affairs of their respective departments of the city government, and to make a report to the council of whatever facts may be deemed of importance. Each committee shall promptly and thoroughly investigate and report in writing upon all matters referred to it by the council, and do and perform such other and further duties as the council may from time to time, by ordinance or resolution, prescribe.
(Code 1976, § 2-103)
Secs. 2-68– 2-90. Reserved.
ARTICLE III. DIVISION 1. Sec. 2-91. Qualification.
No person shall be eligible to any elective office in the city who is not a qualified elector of the city and who shall not have resided therein at least one year next preceding his election; nor shall any person be eligible to any elective office of the city who is a defaulter to the city. All elective officers of the city shall be citizens of the United States.
(Code 1976, §§ 2-16, 6-23)
Sec. 2-92. Term.
The term of office of the mayor, clerk, treasurer and all aldermen shall be four years or until their successors are elected and qualified. Each elected officer shall take office at the close of old business and before the commencement of new business at the first regular or special meeting of the council in the month of May following such election, if such officer is properly qualified.
(Code 1976, § 6-24)
Sec. 2-93. Vacancies.
(a) Whenever a vacancy shall happen in the office of the mayor, by reason of death, resignation, removal or otherwise, when there remains an unexpired portion of the term of at least 28 months, and the vacancy occurs at least 130 days before the general municipal election next scheduled, the vacancy shall be filled at that general municipal election. The city council shall elect one of its members 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 in this subsection, the vacancy shall be filled by the council electing one of its members acting mayor for the remaining term of the office of the 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.
(b) If any vacancy shall occur in the office of alderman by reason of death, resignation, removal or otherwise and there remains an unexpired portion of the term of at least 28 months, and the vacancy occurs at least 130 days before the next scheduled general municipal election, the office shall be filled for the remainder of the term at that general municipal election. Until the office is filled by election, the mayor, with the advice and consent of the city council, may appoint a person to serve as alderman in the vacancy until a successor to fill the vacancy has been elected and qualified. If the vacancy occurs later than the time provided in this subsection, the mayor, with the advice and consent of the city council, may appoint a person to serve as alderman in the vacancy for the remaining term of office until an alderman is elected at the next general municipal election and has qualified.
(c) Vacancies in all offices except mayor and alderman 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 or appointed.
(Code 1976, § 6-25)
State law references: Vacancy in office, 65 ILCS 5/3.1-10-50.
Sec. 2-94. Appointed officers, appointment, term, removal.
(a) All officers of the city, not by law elective or otherwise provided for, shall be appointed by the mayor with the advice and consent of the council.
(b) The following officers shall be appointed: all non-elected officers whose positions are created in this article and the emergency services and disaster agency coordinator (chapter 30, article II).
(c) The appointments shall be made at the first regular meeting of the council in May, or as soon thereafter as is practicable, and from time to time as necessities or emergencies may require.
(d) Each such appointed officer shall hold office for one year or until his or her successor is appointed and qualified, unless sooner removed for incompetency, insubordination, malfeasance, negligence or other reasonable and just cause. A resolution or ordinance passed or enacted by a majority of all council members elected removing such officer and reciting the cause of such removal shall be final and conclusive of the charge or cause of such removal. During the vacancy so occurring or upon the death, resignation or absence from the city of such officer, the mayor shall temporarily fill such vacancy by appointment, until a permanent successor shall be duly appointed by the mayor by and with the advice and consent of the council, at a regular meeting or special meeting called therefor, and duly qualified.
(Code 1976, § 2-17; Ord. No. 01-14, § 3, 8-13-01; Ord. No. 02-19, § 1, 11-25-02; Ord. No. 04-8, § 1, 2-23-04; Ord. No. 2004-20, § 1, 7-29-04; Ord. No. 05-33, § 1, 11-14-05)
Sec. 2-95. Bond.
All the officers of the city, except aldermen, shall, before entering upon the duties of their respective offices, execute a bond, with security to be approved by the council, payable to the city in such penalty sum as may, by resolution or ordinance, be directed, conditioned for the faithful performance of the duties of the office and the payment of all moneys received by such officer, according to law, this Code and other ordinances of the city. The mayor shall give bond in the sum of $3,000.00. The bonds of all of the officers of the city shall be filed with the clerk, except the bond of the clerk, which shall be filed with the city treasurer.
(Code 1976, § 2-18)
State law references: Bonds of municipal officers, 65 ILCS 5/1-10-30.
Sec. 2-96. Oath of office.
All officers of the city, whether elected or appointed, shall, before entering upon the duties of their respective offices, take and subscribe the following oath:
"I do solemnly swear that I will support the Constitution of the United States, and the Constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of ________ according to the best of my ability," which oath or affirmation so subscribed shall be filed in the office of the city clerk.
(Code 1976, § 2-19)
IN GENERAL
CITY COUNCIL
GENERALLY
MEETINGS
STANDING COMMITTEES
OFFICERS AND EMPLOYEES
GENERALLY
| ____, Mayor | |
| (L.S.) Attest: | ____, Clerk |
(Code 1976, § 2-20)
State law references: Commission and certificate of officers, 65 ILCS 5/3.1-55-5.
Sec. 2-98. Salaries.
(a) The following fees and salaries shall be allowed and paid to each of the officers elected prior to 1999 as follows:
(1) Mayor, per year . . . . $8,500.00
In addition to the above salary, the mayor shall be allowed the following amount for attending committee meetings, per meeting . . . . 40.00
(2) Council members:
a. For attending meetings of council, regular or special, per meeting . . . . 75.00
b. For attending committee meetings which must be called by the mayor, per meeting . . . . 40.00
(3) City treasurer, per year . . . . 2,250.00
(4) City clerk, per year . . . . 2,250.00
In addition to the above salary, the clerk shall be allowed such fees as are allowed by law or by ordinance for issuing licenses, certifying to records, etc., and shall receive an additional amount of $100.00 provided the clerk publishes meeting minutes.
(b) The following fees and salaries shall be allowed and paid to each of the officers elected subsequent to 1998 as follows:
(1) Mayor, per year . . . . $8,500.00
In addition to the above salary, the mayor shall be allowed the following amount for attending committee meetings, per meeting . . . . 40.00
(2) Council members:
a. For attending meetings of council, regular or special, per meeting . . . . 75.00
b. For attending committee meetings which must be called by the mayor, per meeting . . . . 40.00
(3) City treasurer, per year . . . . 2,250.00
(4) City clerk, per year . . . . 2,250.00
(5) Commencing May 1, 2000, and every May 1 thereafter the fees and salaries of the officers set forth in this paragraph (b) shall increase three percent.
(c) The salary for all appointed officers and employees shall be set by the annual appropriation ordinance or other appropriate ordinance passed by the city.
(d) The salary of the city attorney shall be set by the annual appropriation ordinance or other appropriate ordinance passed by the city. In addition to such salary, the attorney shall also receive a such amounts collected by the city as reasonable attorneys fees for all suits on conviction, or plea of guilty; the same to be taxed as costs in each case. Also in addition to the above salary, the city attorney shall receive such amounts collected by the city as reasonable attorney's fees in civil actions to recover moneys due the city for utility services.
The above salary is not for services rendered in connection with local improvements, condemnation proceedings, administrative practice, bond issues and court litigation (other than small claims) or other unusual matters, for all of which the city may employ special counsel or retain regular counsel at the usual customary charges for services and expenses.
(Code 1976, § 2-21; Ord. No. 92-03, § 1(2-21), 2-24-92; Ord. No. 96-7, § 1, 5-13-96; Ord. No. 98-24, § 1, 8-24-98; Ord. No. 99-26, § 2, 12-13-99; Ord. No. 01-14, § 4, 8-13-01)
Sec. 2-99. Domicile for employees.
No person shall be eligible for any position as a full-time city employee unless he or she is domiciled within the city. Any employee who fails to comply with the provisions of this section shall be discharged from the service of the city. A full-time position is one in which the employee is expected to work 1,600 hours per year.
Any current employee domiciled outside of the city at the time of the effective date of this section (February 2, 2006) shall be allowed to continue such domicile. If that employee desires to change his or her domicile, then he or she must comply with this section.
(Code 1976, § 2-5; Ord. No. 03-18, § 1, 7-28-03; Ord. No. 06-1, § 1, 1-23-06)
Secs. 2-100– 2-110. Reserved.
DIVISION 2. Sec. 2-111. Establishment of position; powers.
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 such absence or disability of the mayor, shall perform the duties and possess all the rights and powers of the mayor.
(Code 1976, § 2-2)
State law references: Similar provisions, 65 ILCS 5/3.1-35-35.
Secs. 2-112– 2-119. Reserved.
DIVISION 3. Sec. 2-120. Created; qualification.
There is hereby created the office of city attorney. The city attorney shall be licensed to practice law in the State of Illinois.
(Ord. No. 01-14, § 5, 8-13-01)
Sec. 2-121. Bond.
Before entering upon the duties of office the city attorney shall give bond to the city in the penal sum of $1,000.00, conditioned for the faithful performance of the duties of his or her office and the payment of all money received by the city attorney according to law or ordinance.
(Code 1976, § 2-27; Ord. No. 01-14, § 6, 8-13-01)
State law references: Bond of municipal officers, 65 ILCS 5/3.1-10-30.
Sec. 2-122. Duties.
It shall be the duty of the city attorney to:
(1) Prosecute all suits for the recovery of fines and penalties before any court for the violation of any of the ordinances or laws of the city.
(2) Institute or defend any suit which may be brought in any court, by or against the city, or which may be brought by or against any of its officers on account of any of their official acts.
(3) Collect promptly all judgments recovered by the city, and see that all persons failing to pay fines are prosecuted, as required by ordinance.
(4) Pay into the city treasury all money which may be received by him or her on account of the city, and take receipts therefor.
(5) Draft all ordinances, bonds, contracts, leases, conveyances and such other instruments of writing pertaining to the business of an attorney as may be required by the business of the city.
(6) Inspect and examine all tax and assessment rolls, and institute and conduct all proceedings in reference to the assessment and collection of city taxes.
(7) Furnish his or her written opinion upon any legal question submitted to him or her for such opinion by the council, and to regularly attend all meetings of the council.
(8) Perform in behalf of the city such other services incident to the office of an attorney as may from time to time be required by the council, or by any of its committees or officers, or by the board of health.
(Code 1976, § 2-28; Ord. No. 01-14, § 7, 8-13-01)
Secs. 2-123– 2-135. Reserved.
DIVISION 4. Sec. 2-136. Bond.
The city clerk shall give bond in the penal sum of $1,000.00, with security to be approved by the council, conditioned for the faithful performance of the duties of office and the payment of all money received by the clerk according to law or ordinance, and that the clerk will, at the expiration of his or her term of office, turn over to the clerk's successor, or to the council, all books, records and other property coming into his or her hands as such clerk.
(Code 1976, § 2-38; Ord. No. 01-14, § 8, 8-13-01)
State law references: Bond of municipal officers, 65 ILCS 5/3.1-10-30.
Sec. 2-137. Duties.
It shall be the duty of the city clerk to:
(1) Keep the corporate seal provided under the directions of the city council.
(2) Attend all meetings of the council and board of health, and keep a full and complete record of all of such proceedings in the journal, and also all contracts to which the city may be a party.
(3) Record in a book kept for that purpose all ordinances passed by the council, and at the foot of the record of each ordinance so recorded the clerk shall make a memorandum of the date of the passage and of the publication or posting of such ordinance.
(4) Carefully preserve all books, records, papers, maps and effects of every description belonging to the city and appertaining to such office; and upon the expiration in any way of the clerk's official term the clerk shall, on demand, deliver all such books, records, papers and effects to his or her successor in office.
(5) Keep full and complete accounts and exhibits of all financial transactions of the city, to be entered upon such books as are provided for that purpose, including in such account all claims against the city as such claims may be allowed, and all orders for the payment of money granted, and on what account.
(6) Preserve in his or her office all bills on which any money may be paid out by the city.
(7) Prepare all commissions, licenses, permits, and other official documents, the granting of which may be provided for by city ordinance; and attest the same with the corporate seal of the city; and also keep a record in a suitable book or books of each commission, license, permit or other official document granted, to whom granted, for what purpose, the period of time covered thereby, and the location of the place of business of the person obtaining such commission, license, permit or other official document.
(8) Issue and cause to be served upon the council members notices of all special meetings of the council; also notices to the members of the different committees of that body, and to all other persons whose attendance may be required before any such committee, when so directed by the chairperson thereof.
(9) Without delay, upon the adjournment of each meeting of the city council, deliver to the several committees of that body, and to the officers of the corporation, all petitions, communications, reports, resolutions, orders, claims and other papers referred to those committees or officers by the council. The clerk shall also, without delay, deliver to the mayor all ordinances or resolutions in the clerk's charge which may be required to be approved or otherwise acted upon by the mayor.
(10) Attest with the corporate seal of the city all deeds for the sale of real estate owned and conveyed by the city.
(11) Perform all of the duties of the local election official under the Illinois Election Code (10 ILCS 5/1-1 et seq.).
(12) Perform all other such duties pertaining to the clerk's office as are or may be imposed upon him or her by law or ordinance.
(Code 1976, § 2-39; Ord. No. 01-14, § 9, 8-13-01)
Sec. 2-138. Records open for public inspection.
The city clerk shall keep the clerk's records open for public inspection.
(Code 1976, § 2-22; Ord. No. 01-14, § 10, 8-13-01)
Sec. 2-139. Clerk pro tem.
When the city clerk is temporary absent, the mayor or other chair of the meeting may appoint a clerk pro tem to keep the minutes of the meeting.
(Ord. No. 04-2, § 1, 1-26-04)
Secs. 2-140– 2-150. Reserved.
DIVISION 5. Sec. 2-151. Bond.
The amount of the bond of the city treasurer shall be fixed at $100,000.00 and the council may at any time require additional bond when in its judgment the one given is for any reason insufficient.
(Code 1976, § 2-48)
Sec. 2-152. Duties.
The treasurer of the city shall:
(1) Keep a full record of all the financial operations of the city.
(2) Receive all moneys belonging to the city, and be responsible for such moneys.
(3) Keep a fair record of all moneys received and disbursed, of whom received and to whom paid; and noting particularly in his or her accounts on what account moneys are received and paid out.
(4) Keep a separate account of each fund or appropriation, and the debts and credits belonging thereto.
(5) Give every person paying into the treasury of the city a receipt therefor, specifying the date of payment, and upon what account paid; and the treasurer shall also file copies of such receipts with the clerk, at the date of the treasurer's monthly reports.
(6) At the end of each and every month, and more often if required by the council, render an account to the council, showing the state of the city treasury at the date of such account, and the balance of money in the treasury.
(7) Accompany the treasurer's accounts with all warrants or orders redeemed and paid by him or her, together with all vouchers held by the treasurer, the same to be filed with the clerk with the treasurer's reports.
(8) Keep a register of all warrants redeemed and paid, which shall describe such warrants, and show the date, amount, number, the fund from which paid, the name of the person to whom paid and when paid.
(9) Pay no warrants or orders drawn on the treasurer unless they are signed by the mayor and countersigned by the clerk, and state on their face the particular fund or appropriation to which such orders or warrants are chargeable and the person to whom payable.
(10) Annually, on the first Monday in May, make out and file with the clerk a full and detailed account of all such receipts and expenditures, and of his or her transactions as such treasurer, during the preceding fiscal year, and shall show in such account the state of the treasury at the close of the fiscal year; which account the clerk shall immediately cause to be published in a newspaper printed in the city.
(Code 1976, § 2-49; Ord. No. 01-14, § 11, 8-13-01; Ord. No. 04-19, § 3, 7-29-04)
State law references: Annual account of municipal treasurer, 65 ILCS 5/3.1-35-65.
Secs. 2-153– 2-165. Reserved.
DIVISION 6. Sec. 2-166. Created; appointment; compensation.
There is hereby created the office of city collector.
(Code 1976, § 2-58; Ord. No. 01-14, § 12, 8-13-01)
Sec. 2-167. Reserved.
Editor's note: Ord. No. 01-14, § 13, adopted Aug. 13, 2001, repealed § 2-167, which pertained to terms and removals and derived from Code 1976, § 2-59.
Sec. 2-168. Bond.
The city collector shall give bond in the sum of $10,000.00, conditioned upon the faithful discharge of the duties of city collector, as recited in this division or any amendatory or supplemental ordinance hereto, or as imposed by the laws of the state, the faithful accounting and paying over to the city treasurer all moneys collected or received by the city collector's office for the city, and the prompt transfer and delivery to the successor in office of all books, records, accounts, plats, profiles, blanks, stationery and other files and supplies of the city collector's office.
(Code 1976, § 2-60)
State law references: Bond of municipal officers, 65 ILCS 5/3.1-10-30.
Sec. 2-169. Duties.
(a) The city collector shall do and perform all duties imposed by the laws of the state and, in addition, shall prepare and deliver all statements for rates, rentals, charges and penalties earned by, and due and payable for service of, any of the public utilities of the city, and shall collect all rates, rentals, charges and penalties earned by, and due and payable for, electric current, gas, water and sewerage service furnished by the city, or any rate, rental, charge or penalty due the city from any person for service of any other public utility of the city. The city collector shall also do and perform such other duties as may from time to time be prescribed by the council or any of the public utility committees of the council, and shall be under the immediate supervision of the office manager.
(b) The city collector shall pay over to the city treasurer, at least once each month, all money so collected by the city collector's office, and shall take receipt therefor and shall make a report in writing to the council, at the first council meeting of each month, showing the sums of money collected and the sources from which collected, and a like report of all public utility charges uncollected.
(Code 1976, § 2-61; Ord. No. 01-14, § 14, 8-13-01)
Secs. 2-170– 2-179. Reserved.
DIVISION 7. Sec. 2-180. Created, purchasing agent.
There is hereby created the office of chief of police. The chief of police shall, by virtue of office, be a purchasing agent for the city.
(Ord. No. 01-14, § 15, 8-13-01)
Sec. 2-181. Bond.
The chief of police and all police officers under him or her shall give bond to the city, with security to be approved by the council, in the penal sum of $1,000.00, conditioned for the faithful performance of their duties of office and the payment of all money collected by them according to law, this Code and other city ordinances.
(Code 1976, § 2-68; Ord. No. 01-14, § 16, 8-13-01)
State law references: Bond of municipal officers, 65 ILCS 5/3.1-10-30.
Sec. 2-182. Duties.
The duties of the chief of police and all police officers shall be as follows:
(1) They shall devote their entire time to the discharge of the duties of their office, and shall not absent themselves from such duty without the written consent of the mayor, which shall be filed with the clerk, or leave the city, except on special duties, without such consent so filed with the clerk. They shall be charged with the preservation of the peace, order, safety and cleanliness of the city and with the duty of protecting the rights of persons and property, and of enforcing all ordinances and orders of the council.
(2) They shall take notice of all nuisances, obstructions and defects in the sidewalks, streets and alleys, or other public places of the city, and shall cause such nuisances, obstructions and defects to be abated or removed, or immediate notice thereof in writing given to the proper officer whose duty it may be to take action in relation thereto.
(3) The chief of police shall attend, either in person or by one of his or her police officers, all meetings of the city council, execute all its orders and close the council chamber upon the adjournment of that body. He shall also without unnecessary delay execute all warrants and other legal process placed in his or her hands by any legal authority.
(4) The chief of police shall, at the first council meeting in each month, make a written report to the council, showing the number of arrests made by the department during the preceding month, the name of each person arrested, the offense charged, the magistrate before whom tried, the disposition of the case, the amount of the fine imposed, if any, and the amount of such fine collected; also all property received.
(5) The chief of police, by and with the consent of the mayor and the council and when the necessity of the occasion requires, may appoint as many special police officers from out the body of citizens of the city as may be necessary to preserve order and enforce the laws, this Code and other ordinances of the city. Such special police officers shall be sworn to the faithful performance of their duties as such, and shall possess like powers and authority of the chief of police, and shall be under his or her authority and control and shall faithfully obey and observe all lawful orders and directions by the chief of police to them given.
(6) They shall have charge of the city hall, shall keep it clean and in good order, and properly prepare the city hall for all meetings of the council.
(7) They shall have charge of the city jail, keep it clean and in good order at all times or cause the same to be done at the chief of police's expense, so as to be in a sanitary condition, suitable for the incarceration of offenders of the ordinances of the city.
(8) The chief of police shall forthwith, whenever the dead body of any animal shall be found on any of the public grounds, streets or alleys of the city and notice thereof is given to him or her, remove or properly destroy such dead body.
(9) The chief of police shall control and direct the police officers under him or her and in all matters of controversy in his or her judgment shall be final, subject to review by the mayor.
(Code 1976, § 2-69; Ord. No. 01-14, § 17, 8-13-01)
State law references: Auxiliary police officers, 65 ILCS 5/3.1-30-20.
Sec. 2-183. Penalty for neglect of duty.
In case the chief of police or any police officer shall neglect or refuse to perform any duty required of them by the ordinances of the city, or unnecessarily disobey any order or orders given them by the mayor or council touching their duty as such chief of police or police officer, or shall refuse or unnecessarily delay serving any warrant or other process placed in their hand by legal authority, he or she shall for each offense, on conviction, be fined as provided in section 1-5.
(Code 1976, § 2-70; Ord. No. 01-14, § 18, 8-13-01)
Sec. 2-184. Reserved.
Editor's note: Ord. No. 01-14, § 19, adopted Aug. 13, 2001, repealed § 2-184, which pertained to designating chief of police and police officers.
Secs. 2-185– 2-195. Reserved.
DIVISION 8. ------------
Cross references: Utilities, ch. 86.
------------
Sec. 2-196. Created, purchasing agent.
There is hereby created the office of superintendent of public works who shall be the superintendent of the electric department, gas department, water department, sewer department, street and alley department, parks and recreation and buildings of the city. The superintendent of public works shall, by virtue of office, be a purchasing agent for the city. The superintendent of public works shall report directly to the director of public works.
(Code 1976, § 2-77; Ord. No. 01-14, § 20, 8-13-01; Ord. No. 05-9, § 3, 5-9-05)
Sec. 2-197. Vacancy.
During vacancy in the office of superintendent of public works, the assistant superintendent of public works shall fill such vacancy until the temporary successor is appointed by the mayor or until a permanent successor shall be duly appointed by the mayor with the advice and consent of the council at a regular meeting, or special meeting called therefor, and duly qualified.
(Code 1976, § 2-78; Ord. No. 01-14, § 21, 8-13-01; Ord. No. 05-9, § 4, 5-9-05)
Sec. 2-198. Bond.
The superintendent of public works shall give bond in the sum of $10,000.00, and in case of a vacancy filled by appointment, the same bond shall be required as was required of the former superintendent. Such bond shall be conditioned upon the faithful discharge of the duties of superintendent of public works as recited in this division or any amendatory or supplementary ordinance thereto, the faithful accounting and paying over to the city treasurer of all moneys collected and received by the superintendent for the city, and the prompt transfer and delivery to his or her successor in office of all books, records, accounts, plats, profiles, blanks, stationery and other files and supplies of his or her office.
(Code 1976, § 2-79; Ord. No. 01-14, § 22, 8-13-01; Ord. No. 05-9, § 5, 5-9-05)
Sec. 2-199. Duties.
(a) It shall be the duty of the superintendent of public works, when properly appointed and qualified, to at once assume the management of all public utilities subject to the direction of appropriate utility committee of the council; to see that all laws, provisions of this Code and other ordinances, rules and regulations of the council relative to such public utilities are executed; that the condition of all contracts relating thereto are faithfully performed and carried out; that the engines, machinery, apparatus, dynamos, boilers, pumps, mains, wires, pipes, conduits, poles, fire hydrants, gates, valves, boxes, sewers, manholes, catchbasins, curb inlets, connections and all other appurtenances are properly and efficiently maintained, operated, repaired and controlled at all times, and in proper and sufficient condition for use; that all of such systems are manned by capable and efficient employees, and sufficiently equipped in all particulars to ensure efficient service at all times and to their greatest capacity.
(b) The superintendent shall also direct, superintend and control all subordinate employees in all matters, especially as to time, hours of service and their respective duties, and shall keep or cause to be kept a faithful record of service performed by such for the advice both of the committee and council; and it shall be the superintendent's duty to see that all things necessary and required to be done in and about such utilities, and not specified in this section, that efficient service may be given such city as well as the patrons thereof, is done.
(c) The superintendent shall read or cause to be read each month all electric, gas, and water meters and keep a correct record thereof; the superintendent shall also inspect or cause to be properly inspected, as often as deemed necessary or as may be required by the appropriate utility committee of the council, all parts of such utilities, and all private and public plumbing, wiring, electric, gas, water and sewer connections, and make a report of any fault or deficiency therein; the superintendent shall tap all water mains, make all electrical connections, or superintend the same when done by others; the superintendent shall superintend the laying of any residence sewer pipe and connection to the main sewers of the city; the superintendent shall superintend the laying of any gas pipe and connection to the gas mains of the city; the superintendent shall also make reports of the condition of such utilities as required by the council, with recommendations and his or her acts and doings therein, to the council of such city in writing, and in all matters of doubt or conflict, the judgment of the appropriate committee of the council shall be final and conclusive, and to whom the superintendent shall refer such matters.
(d) The superintendent of public works or his or her duly authorized assistants shall, inspect or cause the inspection of utilities, private and public plumbing, wiring, private and public electric, gas, water and sewer connections, have authority to enter any premises at reasonable hours for the purpose of inspection, and all of such wiring and electric connections shall be in accordance with the requirements of the National Electric Code as it shall be in force and as amended, and in addition to such regulations all service entrance connections shall be placed on the outside of the buildings and in full view for inspection, and all of the gas connections shall be in accordance with requirements of applicable state and federal regulations as shall be in force, and the superintendent shall have the power and authority to order the same.
(e) All new wiring installed and all equipment installed by order of the superintendent of public works for any violations of this section, after proper inspection by the superintendent, shall be of approved service entrance cable or conduit equipment, and all such wiring, either new or replaced by order of the superintendent, shall be inspected by such superintendent before any electric current shall be turned on by the city for use by the consumer.
(f) The superintendent of public works or his or her duly authorized assistants shall have the power and authority to order any faulty equipment of any kind removed and replaced within ten days after proper inspection and notice to the owner thereof, and any such equipment not complying with the regulations of the National Electric Code shall be deemed to be faulty, and upon the failure of the consumer or owner to comply with the order of the superintendent of public works shall be deemed in violation of this Code.
(g) The superintendent of public works shall not allow the connection of or shall not turn on or furnish new utility services to any premises inside the city limits until receipt of an appropriate building permit issued by the city's building inspector.
(h) The superintendent of public works shall assume the management of the street and alley department, signs, parks and recreation facilities, and city buildings and equipment.
(Code 1976, § 2-80; Ord. No. 93-39, § 1, 11-8-93; Ord. No. 01-14, § 23, 8-13-01; Ord. No. 05-9, § 6, 5-9-05)
Sec. 2-200. Assistant superintendent of public works.
(a) Created, purchasing agent. There is hereby created the office of assistant superintendent of public works. The assistant superintendent of public works shall, by virtue of office, be a purchasing agent for the city. The assistant superintendent of public works shall report to the superintendent of public works.
(b) Bond. The assistant superintendent of public works shall give bond in the sum of $10,000.00, and in case of a vacancy filled by appointment, the same bond shall be required as was required of the former assistant superintendent. Such bond shall be conditioned upon the faithful discharge of the duties of assistant superintendent of public works as recited in this division and for the payment of all money received by the assistant superintendent according to law or ordinance.
(c) Duties. The assistant superintendent of public works shall be the assistant to the superintendent of public works and shall perform the duties directed by the superintendent of public works. It shall also be his or her duty to perform any and all duties of the superintendent of public works in case of a vacancy in the office of superintendent of public works, until such time as the vacancy is filled by appointment, or in case the superintendent of public works is vacant from the corporate limits.
(Code 1976, § 2-81; Ord. No. 01-14, § 24, 8-13-01; Ord. No. 05-9, § 7, 5-9-05)
State law references: Bond of municipal officers, 65 ILCS 5/3.1-10-30.
Secs. 2-201– 2-210. Reserved.
DIVISION 9. Sec. 2-211. Created, purchasing agent.
There is hereby created the office of office manager. The office manager shall, by virtue of office, be a purchasing agent for the city.
(Code 1976, § 2-90; Ord. No. 01-14, § 25, 8-13-01)
Sec. 2-212. Reserved.
Editor's note: Ord. No. 01-14, § 26, adopted Aug. 13, 2001, repealed § 2-212, which pertained to terms and removals and derived from Code 1976, § 2-91.
Sec. 2-213. Bond.
The office manager shall give bond in the sum of $10,000.00, and in case of a vacancy filled by appointment, the same bond shall be required as was required of the former office manager. Such bond shall be conditioned upon the faithful discharge of the duties of office manager as recited in this division or any amendatory or supplementary ordinance thereto, the faithful accounting and paying over to the city treasurer of all moneys collected and received by the office manager for the city, and the prompt transfer and delivery to his or her successor in office of all books, records, accounts, plats, profiles, blanks, stationery and other files and supplies of the office manager's office.
(Code 1976, § 2-92; Ord. No. 01-14, § 27, 8-13-01)
State law references: Bond of municipal officers, 65 ILCS 5/3.1-10-30.
Sec. 2-214. Duties.
(a) It shall be the duty of the office manager, when properly appointed and qualified, to at once assume the management of the office of the city subject to the direction of the mayor; to see that all laws, provisions of this Code and other ordinances, rules and regulations of the council relative to such office are executed, and that the conditions of all contracts relating thereto are faithfully performed and carried out.
(b) In supervising the operations of the office, the office manager shall oversee the billing of all utilities; oversee the payroll and related items; supervise the office and office personnel; audit the collections of the city collector; act as secretary to the mayor; supervise the activities of the billing clerk; city collector and all other office personnel; daily require the necessary paperwork to ensure efficient daily operations of the city office; in cooperation with the city treasurer invest prudently the funds of the city; and see that all positions of the office are manned by capable and efficient employees and sufficiently equipped in all particulars to ensure efficient service at all times.
(c) The office manager shall direct, superintend and control all subordinate employees in all matters, especially as to time, hours of service, and their respective duties, and shall keep or cause to be kept a faithful record of service performed by such employees with the advice of the mayor and council; and it shall be the office manager's duty to see that all things necessary and required to be done in and about the office and not specified in this section, so that efficient service may be given the city as well as the patrons thereof, is done.
(Code 1976, § 2-93; Ord. No. 01-14, § 28, 8-13-01)
Secs. 2-215– 2-225. Reserved.
DIVISION 10. ------------
Cross references: Buildings and building regulations, ch. 18.
------------
Sec. 2-226. Created.
There is hereby created the office of building inspector, which building inspector shall also be the zoning enforcing officer of the city.
(Ord. No. 91-4, § 1(2-94), 2-11-91; Ord. No. 01-14, § 29, 8-13-01)
Sec. 2-227. Reserved.
Editor's note: Ord. No. 01-14, § 30, adopted Aug. 13, 2001, repealed § 2-227, which pertained to terms and removals and derived from Ord. No. 91-4, § 1(2-95), adopted Feb. 11, 1991.
Sec. 2-228. Bond.
The building inspector shall give bond in the minimum sum of $1,000.00, and in case of a vacancy filled by appointment the same bond shall be required as was required of the former building inspector. Such bond shall be conditioned upon the faithful discharge of the duties of office as recited in this division or any amendatory or supplementary ordinance thereto, the payment of all money received by the building inspector according to law or ordinance and the prompt transfer and delivery to his or her successor in office of all books, records, accounts, plats, profiles, blanks, stationery, and other files and supplies of the office.
(Ord. No. 91-4, § 1(2-96), 2-11-91; Ord. No. 01-14, § 31, 8-13-01)
State law references: Bond of municipal officers, 65 ILCS 5/3.1-10-30.
Sec. 2-229. Duties.
(a) It shall be the duty of the building inspector when properly appointed and qualified, subject to the direction of the mayor, to see that all laws, provisions of this Code and other ordinances, rules, and regulations of the council relative to that office are executed, and that the conditions of all contracts relating thereto are faithfully performed and carried out.
(b) Specifically, and without limiting the provisions of subsection (a) of this section, the building inspector shall:
(1) Issue all permits, make all inspections, and, in general, enforce the provisions of the city's building code.
(2) Make all inspections, and, in general, enforce the provisions of the city's manufactured homes code.
(3) Act as the zoning officer and as such officer:
a. Issue all applications for building permits;
b. Upon receipt of an application for building permit, verify that all information is correct, complete and complies with the city's zoning requirements;
c. Issue a building permit only upon verification of the application for building permit;
d. The building inspector must have a manufactured home/mobile home permit from the zoning board of appeals on file before a permit for a manufactured home/mobile home is issued;
e. Upon the issuance of a building permit, provide a copy of each permit to the applicant, the clerk county assessor's office and the superintendent of public works;
f. Make inspections of all constructions to ensure that the zoning requirements as indicated in the building permit application are being followed;
g. At intervals directed by the mayor or the city council, patrol the city to ensure that all construction sites have valid building permits;
h. Issue all certificates of occupancy; and
i. In general, to enforce the provisions of the city's zoning ordinance.
(4) Keep all necessary books and records to properly perform the duties of the office and to submit monthly, or at such other time as directed by the council, a report to the council showing all receipts of the office.
(5) Maintain such office hours as directed by the mayor or the city council.
(Ord. No. 91-4, § 1(2-97), 2-11-91; Ord. No. 91-27, § 1(2-97), 9-9-91; Ord. No. 93-18, § 1, 6-28-93; Ord. No. 01-14, § 32, 8-13-01; Ord. No. 02-19, § 2, 11-25-02; Ord. No. 05-9, § 8, 5-9-05)
Secs. 2-230– 2-232. Reserved.
DIVISION 11. Sec. 2-233. Created.
There is hereby created the office of economic development director.
(Ord. No. 01-14, § 33, 8-13-01)
Sec. 2-234. Duties.
It shall be the duty of the economic development director to:
(a) Plan and implement programs with a specific focus on economic development and a general purpose of providing community service. These programs will be developed based on research into community needs.
(b) Conduct monthly meetings with the appropriate committee of the council and provide written monthly reports to the council and, upon request, to the mayor.
(c) Initiate, develop and maintain contacts with residents of the community, both directly and through community groups, to involve the community in the city's planning for the redevelopment of the community.
(d) Develop an ongoing working relationship with the appropriate agencies and departments of the city.
(e) Provide leadership to the council in meeting the economic development goals of the city and in enhancing the city's role as a community development organization.
(f) Recommend programming and funding plans suitable to fulfill the goal of community revitalization.
(Ord. No. 01-14, § 33, 8-13-01)
Secs. 2-235– 2-239. Reserved.
DIVISION 12. Sec. 2-240. Created, purchasing agent.
There is hereby created the office of director of public works who shall be the director of the department of public works of the city. The director of public works shall, by virtue of office, be a purchasing agent for the city. The director of public works shall report directly to the mayor.
(Ord. No. 04-8, § 2, 2-23-04; Ord. No. 04-20, § 2, 7-29-04; Ord. No. 05-9, § 10, 5-9-05)
Sec. 2-241. Bond.
The director of public works shall give bond in the minimum sum of $10,000.00, and in case of a vacancy filled by appointment, the same bond shall be required as was required of the former director of public works. Such bond shall be conditioned upon the faithful discharge of the duties of office as recited in this division or any amendatory or supplementary ordinance thereto, the payment of all money received by the director of public works according to law or ordinance and the prompt transfer and delivery to his or her successor in office of all books, records, accounts, plats, profiles, blanks, stationery, and other files and supplies of the office.
(Ord. No. 04-8, § 2, 2-23-04; Ord. No. 04-20, § 2, 7-29-04; Ord. No. 05-9, § 11, 5-9-05)
Sec. 2-242. Duties.
It shall be the duty of the director of public works to:
(1) Through the superintendent of public works, plan, coordinate and manage projects and related activities including the installation, construction, maintenance and repair of the utilities of the city, including but not limited to, the electric department, gas department, water department and sewer department.
(2) Through the superintendent of public works, plan, coordinate and manage projects and related activities of the remaining departments of the public works department including the installation, construction and maintenance of streets and alleys, sidewalks, signs, parks and recreation facilities, city buildings and equipment, oversees mosquito spraying, snow removal, cutting and clearance of trees, weeds, brush and grass and other related tasks.
(3) Perform administrative functions for all activities of the department of public works.
(4) Review all public works department work completed to insure adherence to establish standards, state and city regulations.
(5) Review plans and blue prints of new subdivisions, verify adherence to state standards and city ordinances, recommend changes for compliance and approve when acceptable and assist the zoning officer with review.
(6) Coordinate with other city services departments, the Illinois Department of Transportation, cable and telephone companies, and rural electric cooperatives, investor- owned electric utilities and rural water districts adjacent to or within the utility boundaries of the city.
(7) Oversee costs, quality and safety of major projects being performed by the department and/or outside contractors.
(8) Prepare the annual department budget and monitor expenditures throughout the fiscal year.
(9) Determine equipment and material needs, purchase supplies from appropriate vendors, and submit purchase requisitions to the city council for amounts exceeding his or her purchasing authority.
(10) Respond to emergency calls regarding city services, dispatch appropriate and available personal to the emergency site, visit the site and oversee work when necessary.
(Ord. No. 04-8, § 2, 2-23-04; Ord. No. 04-20, § 2, 7-29-04; Ord. No. 05-9, § 12, 5-9-05; Ord. No. 07-4, § 2, 3-12-07)
Sec. 2-243. Assistant director of public works.
(a) Created, purchasing agent. There is hereby created the office of assistant director of public works. The assistant director of public works shall, by virtue of office, be a purchasing agent for the city. The assistant director of public works shall report directly to the director of public works.
(b) Bond. The assistant director of public works shall give bond in the sum of $10,000.00, and in case of a vacancy filled by appointment, the same bond shall be required as was required of the former assistant director. Such bond shall be conditioned upon the faithful discharge of the duties of assistant director of public works as recited in this division and for the payment of all money received by the assistant director according to law or ordinance.
(c) Duties. The assistant director of public works shall be the assistant to the director of public works and shall perform the duties directed by the director of public works. It shall also be his or her duty to perform any and all duties of the director of public works in case of a vacancy in the office of director of public works, until such time as the vacancy is filled by appointment, or in case the director of public works is vacant from the corporate limits.
(Ord. No. 05-9, § 13, 5-9-05; Ord. No. 09-5, § 1, 2-24-09)
State law references: Bond of municipal officers, 65 ILCS 5/3.1-10-30.
Sec. 2-244. Senior technician.
(a) Created, purchasing agent. There is hereby created the office of senior technician. The senior technician shall, by virtue of office, be a purchasing agent for the city. The senior technician shall report directly to the director of public works.
(b) Bond. The senior technician shall give bond in the sum of $10,000.00, and in case of a vacancy filled by appointment, the same bond shall be required as was required of the former senior technician. Such bond shall be conditioned upon the faithful discharge of the duties of senior technician as recited in this division and for the payment of all money received by the senior technician according to law or ordinance.
(c) Duties. The senior technician shall perform the duties directed by the director of public works. In addition, the senior technician shall:
(1) Perform routine and technical engineering related to work for environmental, water, sewer, street, gas, electric and other public works projects and programs.
(2) Perform GPS/GIS utility mapping activities.
(3) Assist the director of public works in the application of principals, methods and techniques of work related activities.
(Ord. No. 09-5, § 2, 2-24-09)
State law references: Bond of municipal officers, 65 ILCS 5/3.1-10-30.
Secs. 2-245– 2-250. Reserved.
ARTICLE IV. Sec. 2-251. Participation in Illinois Municipal Retirement Fund.
The city does hereby elect to participate in the Illinois Municipal Retirement Fund, effective January 1, 1976.
(Code 1976, § 2-4)
Secs. 2-252– 2-270. Reserved.
ARTICLE V. DIVISION 1. Secs. 2-271– 2-280. Reserved.
DIVISION 2. ------------
Cross references: Streets, sidewalks and other public places, ch. 70.
------------
Sec. 2-281. Established.
There is hereby established a department of the city government to be known as the street and alley department. It shall consist of all streets and alleys within the city. It shall embrace the street and alley committee, the director of public works, the superintendent of public works, and the employees. The city engineer, if any, shall serve as ex officio officer.
(Code 1976, § 9 3/4-1; Ord. No. 05-9, § 14, 5-9-05)
Sec. 2-282. Supervision by committee on streets and alleys.
The city council standing streets and alleys committee shall exercise general supervision over the affairs of the street and alley department. It shall ascertain the needs and conditions thereof and shall, from time to time, report on such needs and conditions to the mayor and the city council.
(Code 1976, § 9 3/4-2)
Secs. 2-283– 2-289. Reserved.
DIVISION 3. Sec. 2-290. Established.
There is hereby established a department of the city government to be known as the public works department. It shall consist of the utility departments of the city including but not limited to, electric department, gas department, water department and sewer department as well as the street and alley department, signs, parks and recreation facilities and city buildings and equipment. It shall embrace the director of public works, assistant director of public works, superintendent of public works, assistant superintendent of public works and the employees. The city engineer, if any, shall serve as ex officio officer.
(Ord. No. 05-9, § 15, 5-9-05)
Secs. 2-291– 2-305. Reserved.
ARTICLE VI. DIVISION 1. Sec. 2-306. Depositories for city funds designated.
The Old National Bank Dulaney Banking Center, the First Financial Bank and the First Bank & Trust, sb, all of Marshall, Illinois, and Illinois Funds (formerly the Illinois Public Treasurers Investment Pool) of Springfield, Illinois, or their successors, are hereby designated depositories in which the funds and moneys received by the city treasurer for the city shall be deposited.
(Code 1976, § 2-3; Ord. No. 90-24, § 1(2-3), 11-12-90; Ord. No. 97-27, § 1, 11-10-97; Ord. No. 99-15, § 1, 7-26-99; Ord. No. 04-33, § 1, 12-13-04)
Sec. 2-307. Purchasing requirements.
All employees who are authorized to make purchases for the city shall obtain a written price quote and shall get the approval of the mayor, or in the absence of the mayor the approval of the chairman of the applicable council committee, before purchasing any supply or equipment for $3,000.00 or more at any one time.
(Code 1976, § 2-23; Ord. No. 01-14, § 34, 8-13-01)
Sec. 2-308. Reserved.
Editor's note: Ord. No. 04-19, § 2, adopted July 29, 2004, repealed § 2-308, which pertained to fiscal year and derived from Ord. No. 94-32, § 1, 12-28-94.
Sec. 2-309. Bidding and contract procedures.
(a) Competitive bidding required. Any work or other public improvement that is not to be paid for in whole or in part by special assessment or special taxation, and all purchases of and contracts for supplies, materials and services shall, except as specifically provided herein, be based whenever possible on competitive bids.
(b) Formal contract procedure. All work or other public improvement that is not to be paid for in whole or in part by special assessment or special taxation, and all purchases, orders or contracts for supplies, materials, equipment or contractual services except as otherwise provided herein, when the estimated cost thereof shall exceed $20,000.00, shall be purchased from the lowest responsible bidder, after due notice inviting bids, unless competitive bidding is waived by a vote of two-thirds of the council members then holding office.
(c) Advertisements for bids. A notice inviting bids shall be published at least once in a newspaper with general circulation within the city. Such notice shall be published on or before the fifth day preceding the last day set for submission of bids. The city shall also advertise all such pending work or purchases by posting a notice on the public bulletin board in the city hall.
(d) Scope of notice. The newspaper notice required herein shall include the following:
(1) A general description of the work to be performed or the articles to be purchased;
(2) Where specifications may be secured;
(3) The time and place for opening bids;
(4) The requirement, if any, for bid deposits;
(5) Requirements regarding labor and material bonds and performance bonds (required for contracts for public works - 30 ILCS 550/1);
(6) The deadline and place for submission of bids;
(7) Any other provisions applicable to the particular contract that will enable prospective bidders to bid intelligently.
(e) Labor and material bonds and performance bonds. When motor fuel tax funds, federal-aid funds, or other funds received from the state are not used, the city may allow the contractor to provide a nondiminishing irrevocable bank letter of credit, in lieu of the required bond, on contracts under $100,000.00. Any such bank letter of credit shall contain all provisions required for bonds as required by Section 1 of the Public Construction Bond Act (30 ILCS 550/1).
(f) Bid deposits. When deemed necessary by the city council, bid deposits shall be included in the public notices inviting bids. Unsuccessful bidders shall be entitled to the return of their bid deposits upon the award of the contract by the city council. A successful bidder shall forfeit any bid deposit required by the city council upon failure on his part to enter into a contract within ten days after the award. Such bid deposit may be in the form of a certified check, bond or letter of credit in an amount as specified in the advertisement for bids to ensure finalization of the contract and to indemnify the city against all loss, damages and claims that may accrue against the city as a consequence of the granting of the contract.
(g) Bid opening procedure.
(1) Sealed. Bids shall be submitted sealed to the city and shall be identified as bids on the envelope.
(2) Opening. Bids shall be opened in public at the time and place stated in the public notice.
(3) Tabulation. A tabulation of all bids received shall be made by the city council, by a city employee or by an agent of the city, in which event a tabulation of the bids shall be furnished to the city council at its next regular meeting.
(h) Rejection of bids. The city, through its corporate authorities, shall have the authority to reject any or all bids or parts of any or all bids when the public interest will be served thereby.
(i) Bidders in default to city. The city shall not accept the bid of a contractor who is in default on the payment of taxes, licenses or other money due the city.
(j) Award of contract.
(1) Authority in city. The city council shall have the authority to award contracts within the purview of this section.
(2) Lowest responsible bidder. Contracts shall be awarded to the lowest responsible bidder on the basis of the bid that is in the best interests of the city to accept. In awarding the contract, in addition to price, the city council shall consider:
a. The ability, capacity and skill of the bidder to perform the contract to provide the service required;
b. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
c. The character, integrity, reputation, judgment, experience and efficiency of the bidder;
d. The quality of the performance of previous contracts or services;
e. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;
f. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
g. The quality, availability and adaptability of the supplies or contractual services to the particular use required;
h. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;
i. the number and scope of conditions attached to the bid;
j. Any other matter which is pertinent.
(3) Performance bonds. The city council shall have the authority to require a performance bond, before entering into a contract, in such amounts as it shall find reasonably necessary to protect the best interests of the city and to conform to the statutory requirements for such bonds.
(k) Open market procedure. All work and purchases of supplies, materials and services of less than the estimated value of $20,000.00 shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by this section for the award of formal contracts in such a manner so as to ensure the best interests of the public after solicitation of bids on proposals by mail, telephone, facsimile transmission or otherwise.
(l) Contracts exempt from bidding requirements. The following contracts are exempt from the provisions of this section and may be entered into by the city without observing the bidding procedures prescribed herein for the award of formal contracts:
(1) Contracts for professional services, including, but not limited to, attorneys, engineers, real estate appraisers, and architects, and any other profession whose ethical code involved prohibits or discourages involvement in normal bidding procedures.
(2) Regular employment contracts in the municipal service.
(3) Contracts entered into through the procurement services division of the state department of central management services.
(m) Emergency purchases. In case of an apparent emergency that requires immediate work or purchase of supplies, materials or services, the city council shall be empowered to secure by open market procedure as herein set forth, at the lowest obtainable price, any work, supplies, materials or services regardless of the amount of expenditure. A finding of such an emergency shall be made in an affirmative vote of at least two-thirds of the city council at the time of such emergency contract or no later than the first regular city council meeting thereafter.
(n) Cooperative purchasing. The city shall have the authority to join with other units of government in cooperative purchasing plans when the best interests of the city would be served thereby.
(Ord. No. 95-6, § 1, 4-10-95; Ord. No. 95-20, § 1, 10-23-95; Ord. No. 96-2, § 1, 2-12-96; Ord. No. 07-22, § 1, 6-11-07)
State law references: Letting of contracts, 65 ILCS 5/8-9-1; municipal supplies-contract, 65 ILCS 5/8-9-2.
Secs. 2-310– 2-320. Reserved.
DIVISION 2. Sec. 2-321. Establishment.
A fund is hereby established for the support of community economic development and related capital improvement projects. The fund shall be designated as the city capital improvement fund. The fund shall be a part of the city's corporate fund.
(Ord. No. 91-42, § 1(2-170), 12-23-91)
Sec. 2-322. Funding.
The city capital improvement fund shall be funded by fees in lieu of taxes assessed against the city's electric utility, gas utility and water utility and by any other method designated by the city.
(Ord. No. 91-42, § 1(2-171), 12-23-91; Ord. No. 99-14, § 1, 7-26-99; Ord. No. 02-10, § 1, 6-24-02)
Sec. 2-323. Uses.
Money expended from the city capital improvement fund shall be used only for the following purposes:
(a) If the fund balance is greater than $250,000.00:
1. The first $4,050.00 of monthly receipts (excluding interest) shall be transferred to the parks and recreation fund.
2. The excess over $4,050.00 of monthly receipts (excluding interest) shall be transferred to the following funds:
48 percent to the general corporate fund.
31 percent to the streets and alley maintenance fund.
21 percent shall remain in the capital improvement fund.
(b) All other uses shall be for:
1. Capital improvement (infrastructure related to economic development except for infrastructure improvements of any of the city utility funds);
2. Economic development; or
3. Emergency transfer to either of the city electric or gas utility funds.
(Ord. No. 91-42, § 1(2-172), 12-23-91; Ord. No. 99-14, § 2, 7-26-99; Ord. No. 01-7, § 1, 6-25-01; Ord. No. 02-10, § 2, 6-24-02; Ord. No. 05-20, § 1, 7-25-05)
Sec. 2-324. Procedure for expenditures.
Before any expenditure can be made out of the city capital improvement fund pursuant to subsection 2-323(b), a written application explaining the proposed use and amount of estimated expenditure shall be submitted to the city council finance committee. The finance committee shall consider the application and make its recommendation to the city council on the application. Such expenditure of funds shall only be made by a three-fourths affirmative vote of the council members then holding office.
(Ord. No. 91-42, § 1(2-173), 12-23-91; Ord. No. 99-14, § 3, 7-26-99; Ord. No. 02-10, § 3, 6-24-02)
Secs. 2-325– 2-340. Reserved.
ARTICLE VII. ------------
Editor's note: Ord. No. 04-17, § 1, adopted May 10, 2004, amended article VII in its entirety to read as herein set out. Former article VII, §§ 2-341– 2-345, pertained to state gift ban act, and derived from Ord. No. 99-10, § 1, 6-14-99.
State law references: 5 ILCS 430/1-1 et seq.
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DIVISION 1. Sec. 2-341. Definitions.
For purposes of this article, the following terms shall be given these definitions:
Campaign for elective office means any activity in furtherance of an effort to influence the selection, nomination, election, or appointment of any individual to any federal, state, or local public office or office in a political organization, or the selection, nomination, or election of presidential or vice-presidential electors, but does not include activities (i) relating to the support or opposition of any executive, legislative, or administrative action, (ii) relating to collective bargaining, or (iii) that are otherwise in furtherance of the person's official duties.
Candidate means a person who has filed nominating papers or petitions for nomination or election to an elected office, or who has been appointed to fill a vacancy in nomination, and who remains eligible for placement on the ballot at a regular election, as defined in Section 1-3 of the Election Code (10 ILCS 5/1-3).
Collective bargaining has the same meaning as that term is defined in Section 3 of the Illinois Public Labor Relations Act (5 ILCS 315/3).
Compensated time means, with respect to an employee, any time worked by or credited to the employee that counts toward any minimum work time requirement imposed as a condition of his or her employment, but for purposes of this article, does not include any designated holidays, vacation periods, personal time, compensatory time off or any period when the employee is on a leave of absence. With respect to officers or employees whose hours are not fixed, "compensated time" includes any period of time when the officer is on premises under the control of the employer and any other time when the officer or employee is executing his or her official duties, regardless of location.
Compensatory time off means authorized time off earned by or awarded to an employee to compensate in whole or in part for time worked in excess of the minimum work time required of that employee as a condition of his or her employment.
Contribution has the same meaning as that term is defined in Section 9-1.4 of the Election Code (10 ILCS 5/9-1.4).
Employee means a person employed by the city, whether on a fulltime or part-time basis or pursuant to a contract, whose duties are subject to the direction and control of an employer with regard to the material details of how the work is to be performed, but does not include an independent contractor.
Employer means the city.
Gift means any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an officer or employee.
Leave of absence means any period during which an employee does not receive (i) compensation for employment, (ii) service credit towards pension benefits, and (iii) health insurance benefits paid for by the employer.
Officer means a person who holds, by election or appointment, an office created by statute or ordinance, regardless of whether the officer is compensated for service in his or her official capacity.
Political activity means any activity in support of or in connection with any campaign for elective office or any political organization, but does not include activities (i) relating to the support or opposition of any executive, legislative, or administrative action, (ii) relating to collective bargaining, or (iii) that are otherwise in furtherance of the person's official duties.
Political organization means a party, committee, association, fund, or other organization (whether or not incorporated) that is required to file a statement of organization with the state board of elections or a county clerk under Section 9-3 of the Election Code (10 ILCS 5/9-3), but only with regard to those activities that require filing with the state board of elections or a county clerk.
Prohibited political activity means:
(1) Preparing for, organizing, or participating in any political meeting, political rally, political demonstration, or other political event.
(2) Soliciting contributions, including but not limited to the purchase of, selling, distributing, or receiving payment for tickets for any political fundraiser, political meeting, or other political event.
(3) Soliciting, planning the solicitation of, or preparing any document or report regarding anything of value intended as a campaign contribution.
(4) Planning, conducting, or participating in a public opinion poll in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question.
(5) Surveying or gathering information from potential or actual voters in an election to determine probable vote outcome in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question.
(6) Assisting at the polls on election day on behalf of any political organization or candidate for elective office or for or against any referendum question.
(7) Soliciting votes on behalf of a candidate for elective office or a political organization or for or against any referendum question or helping in an effort to get voters to the polls.
(8) Initiating for circulation, preparing, circulating, reviewing, or filing any petition on behalf of a candidate for elective office or for or against any referendum question.
(9) Making contributions on behalf of any candidate for elective office in that capacity or in connection with a campaign for elective office.
(10) Preparing or reviewing responses to candidate questionnaires.
(11) Distributing, preparing for distribution, or mailing campaign literature, campaign signs, or other campaign material on behalf of any candidate for elective office or for or against any referendum question.
(12) Campaigning for any elective office or for or against any referendum question.
(13) Managing or working on a campaign for elective office or for or against any referendum question.
(14) Serving as a delegate, alternate, or proxy to a political party convention.
(15) Participating in any recount or challenge to the outcome of any election.
Prohibited source means any person or entity who:
(1) Is seeking official action (i) by an officer or (ii) by an employee, or by the officer or another employee directing that employee;
(2) Does business or seeks to do business (i) with the officer or (ii) with an employee, or with the officer or another employee directing that employee;
(3) Conducts activities regulated (i) by the officer or (ii) by an employee, or by the officer or another employee directing that employee; or
(4) Has interests that may be substantially affected by the performance or non-performance of the official duties of the officer or employee.
(Ord. No. 04-17, § 1, 5-10-04)
DIVISION 2. Sec. 2-342. Prohibited political activities.
(a) No officer or employee shall intentionally perform any prohibited political activity during any compensated time, as defined herein. No officer or employee shall intentionally use any property or resources of the city in connection with any prohibited political activity.
(b) At no time shall any officer or employee intentionally require any other officer or employee to perform any prohibited political activity (i) as part of that officer or employee's duties, (ii) as a condition of employment, or (iii) during any compensated time off (such as holidays, vacation or personal time off).
(c) No officer or employee shall be required at any time to participate in any prohibited political activity in consideration for that officer or employee being awarded additional compensation or any benefit, whether in the form of a salary adjustment, bonus, compensatory time off, continued employment or otherwise, nor shall any officer or employee be awarded additional compensation or any benefit in consideration for his or her participation in any prohibited political activity.
(d) Nothing in this section prohibits activities that are permissible for an officer or employee to engage in as part of his or her official duties, or activities that are undertaken by an officer or employee on a voluntary basis which are not prohibited by this article.
(e) No person either (i) in a position that is subject to recognized merit principles of public employment or (ii) in a position the salary for which is paid in whole or in part by federal funds and that is subject to the Federal Standards for a Merit System of Personnel Administration applicable to grant-in-aid programs, shall be denied or deprived of employment or tenure solely because he or she is a member or an officer of a political committee, of a political party, or of a political organization or club.
(Ord. No. 04-17, § 1, 5-10-04)
DIVISION 3. Sec. 2-343. Gift ban.
Except as permitted by this division, no officer or employee, and no spouse of or immediate family member living with any officer or employee (collectively referred to herein as "recipients"), shall intentionally solicit or accept any gift from any prohibited source, as defined herein, or which is otherwise prohibited by law or ordinance. No prohibited source shall intentionally offer or make a gift that violates this section.
(Ord. No. 04-17, § 1, 5-10-04)
Sec. 2-344. Exceptions.
Section 2-343 is not applicable to the following:
(1) Opportunities, benefits, and services that are available on the same conditions as for the general public.
(2) Anything for which the officer or employee, or his or her spouse or immediate family member, pays the fair market value.
(3) Any (i) contribution that is lawfully made under the Election Code or (ii) activities associated with a fundraising event in support of a political organization or candidate.
(4) Educational materials and missions.
(5) Travel expenses for a meeting to discuss business.
(6) A gift from a relative, meaning those people related to the individual as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, and including the father, mother, grandfather, or grandmother of the individual's spouse and the individual's fiance or fiancee.
(7) Anything provided by an individual on the basis of a personal friendship unless the recipient has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the recipient or his or her spouse or immediate family member and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the recipient shall consider the circumstances under which the gift was offered, such as: (i) the history of the relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between those individuals; (ii) whether to the actual knowledge of the recipient the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and (iii) whether to the actual knowledge of the recipient the individual who gave the gift also at the same time gave the same or similar gifts to other officers or employees, or their spouses or immediate family members.
(8) Food or refreshments not exceeding $75.00 per person in value on a single calendar day; provided that the food or refreshments are (i) consumed on the premises from which they were purchased or prepared or (ii) catered. For the purposes of this section, "catered" means food or refreshments that are purchased ready to consume which are delivered by any means.
(9) Food, refreshments, lodging, transportation, and other benefits resulting from outside business or employment activities (or outside activities that are not connected to the official duties of an officer or employee), if the benefits have not been offered or enhanced because of the official position or employment of the officer or employee, and are customarily provided to others in similar circumstances.
(10) Intra-governmental and inter-governmental gifts. For the purpose of this article, "intragovernmental gift" means any gift given to an officer or employee from another officer or employee, and "inter-governmental gift" means any gift given to an officer or employee by an officer or employee of another governmental entity.
(11) Bequests, inheritances, and other transfers at death.
(12) Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than $100.00.
Each of the exceptions listed in this section is mutually exclusive and independent of every other.
(Ord. No. 04-17, § 1, 5-10-04)
Sec. 2-345. Disposition of gifts.
An officer or employee, his or her spouse or an immediate family member living with the officer or employee, does not violate this article if the recipient promptly takes reasonable action to return a gift from a prohibited source to its source or gives the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under Section 501 (c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended, renumbered, or succeeded.
(Ord. No. 04-17, § 1, 5-10-04)
DIVISION 4. Sec. 2-346. Penalties.
(a) A person who intentionally violates any provision of division 2 of this article may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and may be fined in an amount not to exceed $2,500.00.
(b) A person who intentionally violates any provision of division 3 of this article is subject to a fine in an amount of not less than $1,001.00 and not more than $5,000.00.
(c) Any person who intentionally makes a false report alleging a violation of any provision of this article to the local enforcement authorities, the state's attorney or any other law enforcement official may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and may be fined in an amount not to exceed $2,500.00.
(d) A violation of division 2 of this article shall be prosecuted as a criminal offense by an attorney for the city by filing in the circuit court any information, or sworn complaint, charging such offense. The prosecution shall be under and conform to the rules of criminal procedure. Conviction shall require the establishment of the guilt of the defendant beyond a reasonable doubt.
A violation of division 3 of this article may be prosecuted as a quasi-criminal offense by an attorney for the city.
(e) In addition to any other penalty that may be applicable, whether criminal or civil, an officer or employee who intentionally violates any provision of division 2 or division 3 of this article is subject to discipline or discharge.
(Ord. No. 04-17, § 1, 5-10-04)
Secs. 2-347– 2-350. Reserved.
ARTICLE VIII. ------------
Editor's note: Ord. No. 99-27, § 1, adopted Dec. 13, 1999, did not specifically amend the Code; hence inclusion as a new art. VIII was at the editor's discretion.
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Sec. 2-351. Policy.
It is the policy of the city to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the entity and conforming to all state and local statutes governing the investment of public funds.
(Ord. No. 99-27, § 1, 12-13-99)
Sec. 2-352. Scope.
This policy includes all funds governed by the city council.
(Ord. No. 99-27, § 1, 12-13-99)
Sec. 2-353. Prudence.
(a) Investments shall be made with judgment and care, under circumstances then prevailing, which person of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital, as well as the probable income to be derived.
(b) The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio.
(Ord. No. 99-27, § 1, 12-13-99)
Sec. 2-354. Objective.
(a) The primary objective, in order of priority, shall be:
(1) Legality– Conformance with federal, state and other legal requirements.
(2) Safety– Preservation of capital and protection of investment principal.
(3) Liquidity– Maintenance of sufficient liquidity to meet operating requirements.
(4) Yield– Attainment of market rates of return.
(b) The portfolio should be reviewed periodically as to its effectiveness in meeting the city's needs for safety, liquidity, rate of return, diversification and its general performance.
(Ord. No. 99-27, § 1, 12-13-99)
Sec. 2-355. Delegation of authority.
Management and administrative responsibility for the investment program is hereby delegated to the treasurer who, under the direction of the city council, shall establish written procedures for the operation of the investment program.
(Ord. No. 99-27, § 1, 12-13-99)
Sec. 2-356. Ethics and conflicts of interest.
Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions.
(Ord. No. 99-27, § 1, 12-13-99)
Sec. 2-357. Authorized financial dealers and institutions.
The treasurer shall maintain a list of financial institutions authorized to provide investment services. In addition, a list shall also be maintained of approved security brokers/dealers selected by credit worthiness.
(Ord. No. 99-27, § 1, 12-13-99)
Sec. 2-358. Authorized and suitable investments.
Investments may be made in any type of security allowed for in Illinois statutes regarding the investment of public funds. Investments shall be made that reflect the cash flow needs of the fund type being invested.
(Ord. No. 99-27, § 1, 12-13-99)
Sec. 2-359. Collateralization.
Funds on deposit (checking accounts, certificates of deposit, etc.) in excess of FDIC limits must be secured by some form of collateral, witnessed by a written agreement and held at an independent third party institution in the name of the city.
(Ord. No. 99-27, § 1, 12-13-99)
Sec. 2-360. Safekeeping and custody.
All security transactions, including collateral for repurchase agreements, entered into by the city, shall be conducted on a delivery-versus-payment (DVP) basis. Securities will be held by an independent third party custodian designated by the treasurer and evidenced by safekeeping receipts and a written custodial agreement.
(Ord. No. 99-27, § 1, 12-13-99)
Sec. 2-361. Diversification.
The city shall diversify its investments to the best of its ability based on the type of funds invested and the cash flow needs of those funds. Diversification can be by type of investment, number of institutions invested in, and length of maturity.
(Ord. No. 99-27, § 1, 12-13-99)
Sec. 2-362. Maximum maturities.
(a) To the extent possible, the city shall attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the city will not directly invest in securities maturing more than three years from the date of purchase.
(b) Reserve funds may be invested in securities exceeding three years if the maturity of such investments are made to coincide as nearly as practicable with the expected use of the funds.
(Ord. No. 99-27, § 1, 12-13-99)
Sec. 2-363. Internal control.
The treasurer is responsible for establishing and maintaining an internal control structure designed to insure that the assets of the city are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The internal controls shall address the following points:
(1) Control of collusion.
(2) Separation of transaction authority from accounting.
(3) Custodial safekeeping.
(4) Written confirmation of telephone transactions for investments and wire transfers.
(Ord. No. 99-27, § 1, 12-13-99)
Sec. 2-364. Performance standards.
The investment portfolio will be managed in accordance with the parameters specified within this policy. The portfolio should obtain a comparable rate of return during a market/economic environment of stable interest rates. Portfolio performance should be compared to benchmarks with similar maturity, liquidity and credit quality as the portfolio. The appropriate benchmark is the Illinois Funds rate.
(Ord. No. 99-27, § 1, 12-13-99)
Sec. 2-365. Reporting.
The Treasurer shall prepare an investment report at least quarterly. The report should be provided to the city council and available on request. The report should be in a format suitable for review by the general public. An annual report should also be provided to the council.
(Ord. No. 99-27, § 1, 12-13-99)
Sec. 2-366. Marking to market.
A statement of the market value of the portfolio shall be issued to the city council at least quarterly.
(Ord. No. 99-27, § 1, 12-13-99)
Sec. 2-367. Investment policy adoption.
The investment policy shall be adopted by the city council. The policy shall be reviewed on an annual basis by the treasurer and any modifications made thereto must be approved by the city council.
(Ord. No. 99-27, § 1, 12-13-99)
MAYOR PRO TEM
CITY ATTORNEY
CITY CLERK
CITY TREASURER
CITY COLLECTOR
CITY MARSHAL; DEPUTY CITY MARSHAL
SUPERINTENDENT OF PUBLIC WORKS*
OFFICE MANAGER
BUILDING INSPECTOR*
ECONOMIC DEVELOPMENT DIRECTOR
DIRECTOR OF PUBLIC WORKS
EMPLOYEE BENEFITS
DEPARTMENTS
GENERALLY
STREET AND ALLEY DEPARTMENT*
PUBLIC WORKS DEPARTMENT
FINANCE
GENERALLY
CAPITAL IMPROVEMENT FUND
OFFICIALS AND EMPLOYEES ETHICS*
DEFINITIONS
PROHIBITED POLITICAL ACTIVITIES
GIFT BAN
PENALTIES
INVESTMENT POLICY*