SB1358 99TH GENERAL ASSEMBLY

LRB099 10121 AWJ 30344 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1358

Introduced 2/18/2015, by Sen. Steven M. Landek

SYNOPSIS AS INTRODUCED:

65 ILCS 5/3.1-30-5

from Ch. 24, par. 3.1-30-5

Amends the Illinois Municipal Code. Provides that an attorney or a corporation counsel appointed under this Section who is retained pursuant to an engagement letter or contract, is not exclusively employed by a single municipality, is not subject to a fixed term of office, and whose compensation is not required to be fixed shall not be deemed a municipal or public officer for purposes of the Illinois Municipal Code, the Public Officers Prohibited Activities Act, or the State Officials and Employees Ethics Act.

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 Section 3.1-30-5 as follows:

(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, and (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.

(e) Notwithstanding any provision of law, an attorney or a corporation counsel appointed under this Section who meets the following conditions shall not be deemed a municipal or public officer for purposes of the Illinois Municipal Code, the Public Officers Prohibited Activities Act, or the State Officials and Employees Ethics Act:

(1) is retained pursuant to an engagement letter or contract;

(2) is not exclusively employed by a single municipality;

(3) is not subject to a fixed term of office; and

(4) whose compensation is not required to be fixed.

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