HB5981 95TH GENERAL ASSEMBLY

LRB095 20179 HLH 46751 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5981

Introduced , by Rep. Sandra M. Pihos

SYNOPSIS AS INTRODUCED:

65 ILCS 5/3.1-15-5	from Ch. 24, par. 3.1-15-5
65 ILCS 5/3.1-20-5	from Ch. 24, par. 3.1-20-5
65 ILCS 5/3.1-30-5	from Ch. 24, par. 3.1-30-5
65 ILCS 5/3.1-50-25	from Ch. 24, par. 3.1-50-25

Amends the Illinois Municipal Code. Provides that, in a city of 5,000 or fewer inhabitants, the city clerk may be appointed by the mayor with the advice and consent of the city council (now, the clerk is elected). Provides that, if the city clerk is appointed rather than elected, the clerk may later be elected but only after approval by referendum.

A BILL FOR

AN ACT concerning local government.

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 Sections 3.1-15-5, 3.1-20-5, 3.1-30-5, and 3.1-50-25 as follows:

(65 ILCS 5/3.1-15-5) (from Ch. 24, par. 3.1-15-5)

Sec. 3.1-15-5. Officers to be elected.

(a) In all cities incorporated under this Code there shall be elected a mayor, aldermen, a city clerk, and a city treasurer (except in the case of a city of 10,000 or fewer inhabitants that, by ordinance, allows for the appointment of a city treasurer by the mayor, subject to the advice and consent of the city council, and except in the case of a city of 5,000 or fewer inhabitants that, by ordinance or resolution adopted by at least two-thirds of the corporate authorities of the municipality, allows for the appointment of a city clerk by the mayor, subject to the advice and consent of the city council). In all villages and incorporated towns, there shall be elected a president, trustees, and a clerk, except as otherwise provided in this Code.

(b) In any city in which the city clerk is appointed as provided in this Section, the city clerk may later be elected, but only after a referendum submitted to the electors of the city upon the filing of a petition with the city clerk signed by a number of electors equal to at least 10% of the votes cast during the last preceding municipal election. The question shall be certified by the city clerk to the proper election authorities, who shall submit the proposition at an election in accordance with the general election law. The question shall be in substantially the following form:

"Shall the city clerk in (name of city) be elected rather than appointed?"

If a majority of the electors in the city voting on the question vote in the affirmative, the city clerk shall thereafter be elected. If a majority of the electors voting on the question vote in the negative, the city clerk shall continue to be appointed.

(Source: P.A. 87-1119; 88-572, eff. 8-11-94.)

(65 ILCS 5/3.1-20-5) (from Ch. 24, par. 3.1-20-5)

Sec. 3.1-20-5. Clerk and treasurer. The city clerk and the city treasurer shall be elected at the same time that the mayor is elected, except in the case of an election to fill a mayoral vacancy, except in the case of a city having 5,000 or fewer inhabitants in which, by ordinance or resolution, the position of city clerk is an appointed position, and except in the case of a city having 10,000 or fewer inhabitants in which, by ordinance, the position of city treasurer is an appointed position. If a vacancy occurs in the office of city clerk or city treasurer, it shall be filled by the mayor with the advice and consent of the city council. The person so appointed shall hold office for the unexpired term of the officer elected.

(Source: P.A. 87-1119; 88-572, eff. 8-11-94.)

(65 ILCS 5/3.1-30-5) (from Ch. 24, par. 3.1-30-5)

Sec. 3.1-30-5. Appointed officers in all municipalities.

(a) The mayor or president, as the case may be, by and with the advice and consent of the city council or the board of trustees, may appoint (1) a treasurer (if the treasurer is not an elected position in the municipality), (2) a collector, (3) a comptroller, (4) a marshal, (5) an attorney or a corporation counsel, (6) one or more purchasing agents and deputies, (7) the number of auxiliary police officers determined necessary by the corporate authorities, (8) police matrons, (9) a commissioner of public works, (10) a budget director or a budget officer, (11) a city clerk appointed under Section 3.1-15-5 of this Code, and (12) (11) other officers necessary to carry into effect the powers conferred upon municipalities.

(b) By ordinance or resolution to take effect at the end of the current fiscal year, the corporate authorities, by a two-thirds vote, may discontinue any appointed office and devolve the duties of that office on any other municipal officer. After discontinuance, no officer filling the office before its discontinuance shall have any claim against the municipality for salary alleged to accrue after the date of discontinuance.

(c) Vacancies in all appointed municipal offices may be filled in the same manner as appointments are made under subsection (a). The city council or board of trustees of a municipality, by ordinance not inconsistent with this Code, may prescribe the duties, define the powers, and fix the term of office of all appointed officers of the municipality; but the term of office, except as otherwise expressly provided in this Code, shall not exceed that of the mayor or president of the municipality.

(d) An appointed officer of a municipality may resign from his or her office. If an appointed officer resigns, he or she shall continue in office until a successor has been chosen and has qualified. If there is a failure to appoint a municipal officer, or the person appointed fails to qualify, the person filling the office shall continue in office until a successor has been chosen and has qualified. If an appointed municipal officer ceases to perform the duties of or to hold the office by reason of death, permanent physical or mental disability, conviction of a disqualifying crime, or dismissal from or abandonment of office, the mayor or president of the municipality may appoint a temporary successor to the officer.

(Source: P.A. 94-984, eff. 6-30-06.)

(65 ILCS 5/3.1-50-25) (from Ch. 24, par. 3.1-50-25)

Sec. 3.1-50-25. Clerk serving as collector. In municipalities where the same person holds the elective or appointive office of municipal clerk and the appointive office of municipal collector, the corporate authorities may provide by ordinance for that person to receive the compensation provided for each of these offices.

(Source: P.A. 87-1119.)