Public Act 93-0486
SB1210 Enrolled LRB093 05954 MKM 06051 b
AN ACT in relation to municipalities.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
changing Section 4-5-16 as follows:
(65 ILCS 5/4-5-16) (from Ch. 24, par. 4-5-16)
Sec. 4-5-16. Statement of receipts and expenses;
examination of books and accounts; expenditure greater than
appropriation.
(a) In municipalities with 25,000 15,000 or more
inhabitants, the council each month shall print in pamphlet
form, a detailed itemized statement of all receipts and
expenses of the municipality and a summary of its proceedings
during the preceding month. In municipalities with fewer than
25,000 15,000 inhabitants, the council shall print a similar
statement annually instead of monthly. The council shall
furnish printed copies of each statement to (i) the State
Library, (ii) the city library, (iii) all the daily and
weekly newspapers with a general circulation in the
municipality, and (iv) persons who apply for a copy at the
office of the municipal clerk.
(b) At the end of each fiscal year, the council shall
have competent accountants make a full and complete
examination of all books and accounts of the municipality and
shall distribute the result of that examination in the manner
provided in this Section.
(c) It is unlawful for the council or any commissioner
to expend, directly or indirectly, a greater amount for any
municipal purpose than the amount appropriated for that
purpose in the annual appropriation ordinance passed for that
fiscal year. A violation of this provision by any member of
the council shall constitute a petty offense.
(Source: P.A. 87-1119.)
Section 10. The Illinois Municipal Code is amended by
changing Section 10-2.1-4 as follows:
(65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
Sec. 10-2.1-4. Fire and police departments; Appointment
of members; Certificates of appointments.
The board of fire and police commissioners shall appoint
all officers and members of the fire and police departments
of the municipality, including the chief of police and the
chief of the fire department, unless the council or board of
trustees shall by ordinance as to them otherwise provide;
except as otherwise provided in this Section, and except that
in any municipality which adopts or has adopted this Division
2.1 and also adopts or has adopted Article 5 of this Code,
the chief of police and the chief of the fire department
shall be appointed by the municipal manager, if it is
provided by ordinance in such municipality that such chiefs,
or either of them, shall not be appointed by the board of
fire and police commissioners.
If the chief of the fire department or the chief of the
police department or both of them are appointed in the manner
provided by ordinance, they may be removed or discharged by
the appointing authority. In such case the appointing
authority shall file with the corporate authorities the
reasons for such removal or discharge, which removal or
discharge shall not become effective unless confirmed by a
majority vote of the corporate authorities.
If a member of the department is appointed chief of
police or chief of the fire department prior to being
eligible to retire on pension, he shall be considered as on
furlough from the rank he held immediately prior to his
appointment as chief. If he resigns as chief or is discharged
as chief prior to attaining eligibility to retire on pension,
he shall revert to and be established in whatever rank he
currently holds, except for previously appointed positions
such prior rank, and thereafter be entitled to all the
benefits and emoluments of that such prior rank, without
regard as to whether a vacancy then exists in that such rank.
All appointments to each department other than that of
the lowest rank, however, shall be from the rank next below
that to which the appointment is made except as otherwise
provided in this Section, and except that the chief of police
and the chief of the fire department may be appointed from
among members of the police and fire departments,
respectively, regardless of rank, unless the council or board
of trustees shall have by ordinance as to them otherwise
provided. A chief of police or the chief of the fire
department, having been appointed from among members of the
police or fire department, respectively, shall be permitted,
regardless of rank, to take promotional exams and be promoted
to a higher classified rank than he currently holds, without
having to resign as chief of police or chief of the fire
department.
The sole authority to issue certificates of appointment
shall be vested in the Board of Fire and Police Commissioners
and all certificates of appointments issued to any officer or
member of the fire or police department of a municipality
shall be signed by the chairman and secretary respectively of
the board of fire and police commissioners of such
municipality, upon appointment of such officer or member of
the fire and police department of such municipality by action
of the board of fire and police commissioners.
The term "policemen" as used in this Division does not
include auxiliary policemen except as provided for in Section
10-2.1-6.
Any full time member of a regular fire or police
department of any municipality which comes under the
provisions of this Division or adopts this Division 2.1 or
which has adopted any of the prior Acts pertaining to fire
and police commissioners, is a city officer.
Notwithstanding any other provision of this Section, the
Chief of Police of a department in a non-homerule
municipality of more than 130,000 inhabitants may, without
the advice or consent of the Board of Fire and Police
Commissioners, appoint up to 6 officers who shall be known as
deputy chiefs or assistant deputy chiefs, and whose rank
shall be immediately below that of Chief. The deputy or
assistant deputy chiefs may be appointed from any rank of
sworn officers of that municipality, but no person who is not
such a sworn officer may be so appointed. Such deputy chief
or assistant deputy chief shall have the authority to direct
and issue orders to all employees of the Department holding
the rank of captain or any lower rank. A deputy chief of
police or assistant deputy chief of police, having been
appointed from any rank of sworn officers of that
municipality, shall be permitted, regardless of rank, to take
promotional exams and be promoted to a higher classified rank
than he currently holds, without having to resign as deputy
chief of police or assistant deputy chief of police.
Notwithstanding any other provision of this Section, a
non-homerule municipality of 130,000 or fewer inhabitants,
through its council or board of trustees, may, by ordinance,
provide for a position of deputy chief to be appointed by the
chief of the police department. The ordinance shall provide
for no more than one deputy chief position if the police
department has fewer than 25 full-time police officers and
for no more than 2 deputy chief positions if the police
department has 25 or more full-time police officers. The
deputy chief position shall be an exempt rank immediately
below that of Chief. The deputy chief may be appointed from
any rank of sworn, full-time officers of the municipality's
police department, but must have at least 5 years of
full-time service as a police officer in that department. A
deputy chief shall serve at the discretion of the Chief and,
if removed from the position, shall revert to the rank
currently held, without regard as to whether a vacancy exists
in that rank. A deputy chief of police, having been appointed
from any rank of sworn full-time officers of that
municipality's police department, shall be permitted,
regardless of rank, to take promotional exams and be promoted
to a higher classified rank than he currently holds, without
having to resign as deputy chief of police the rank held
immediately prior to appointment to the deputy chief
position.
No municipality having a population less than 1,000,000
shall require that any fireman appointed to the lowest rank
serve a probationary employment period of longer than one
year. The limitation on periods of probationary employment
provided in this amendatory Act of 1989 is an exclusive power
and function of the State. Pursuant to subsection (h) of
Section 6 of Article VII of the Illinois Constitution, a home
rule municipality having a population less than 1,000,000
must comply with this limitation on periods of probationary
employment, which is a denial and limitation of home rule
powers. Notwithstanding anything to the contrary in this
Section, the probationary employment period limitation shall
not apply to a fireman whose position also includes paramedic
responsibilities.
(Source: P.A. 91-615, eff. 8-19-99.)
Section 99. Effective date. This Section and Section 10
take effect upon becoming law, and Section 5 takes effect on
January 1, 2004.