Full Text of SB1358 99th General Assembly
SB1358 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB1358 Introduced 2/18/2015, by Sen. Steven M. Landek SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/3.1-30-5 | from Ch. 24, par. 3.1-30-5 |
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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.
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| | A BILL FOR |
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| | | SB1358 | | LRB099 10121 AWJ 30344 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Section 3.1-30-5 as follows:
| 6 | | (65 ILCS 5/3.1-30-5) (from Ch. 24, par. 3.1-30-5)
| 7 | | Sec. 3.1-30-5. Appointed officers in all municipalities.
| 8 | | (a) The mayor or president, as the case may be, by and with | 9 | | the advice
and consent of the city council or the board
of | 10 | | trustees, may appoint (1) a treasurer (if the treasurer is not | 11 | | an
elected position in the municipality), (2) a collector, (3) | 12 | | a
comptroller, (4) a marshal, (5) an attorney or a corporation | 13 | | counsel, (6)
one or more purchasing agents and deputies, (7) | 14 | | the number of auxiliary police officers determined necessary by | 15 | | the corporate authorities, (8)
police matrons, (9) a | 16 | | commissioner of public works, (10) a budget director
or a | 17 | | budget officer, and (11) other officers
necessary to carry into | 18 | | effect the powers conferred upon municipalities.
| 19 | | (b) By ordinance or resolution to take effect at the end of | 20 | | the current
fiscal year, the corporate authorities, by a | 21 | | two-thirds vote, may discontinue
any appointed office and | 22 | | devolve the duties of that office on any other
municipal | 23 | | officer. After discontinuance, no officer filling the office |
| | | SB1358 | - 2 - | LRB099 10121 AWJ 30344 b |
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| 1 | | before
its discontinuance shall have any claim against the | 2 | | municipality for salary
alleged to accrue after the date of | 3 | | discontinuance.
| 4 | | (c) Vacancies in all appointed municipal offices may be | 5 | | filled in the same
manner as appointments are made under | 6 | | subsection (a). The city council or board
of trustees of a | 7 | | municipality, by ordinance not inconsistent with this Code,
may | 8 | | prescribe the duties, define the powers, and fix the term of | 9 | | office of all
appointed officers of the municipality; but the | 10 | | term of office, except as
otherwise expressly provided in this | 11 | | Code, shall not exceed that of the mayor
or president of the | 12 | | municipality.
| 13 | | (d) An appointed officer of a municipality may resign from | 14 | | his or her
office. If an appointed officer resigns, he or she | 15 | | shall continue in office
until a successor has been chosen and | 16 | | has qualified. If there is a failure to
appoint a municipal | 17 | | officer, or the person appointed fails to qualify, the
person | 18 | | filling the office shall continue in office until a successor | 19 | | has been
chosen and has qualified. If an appointed municipal | 20 | | officer ceases to perform
the duties of or to hold the office | 21 | | by reason of death, permanent physical or
mental disability, | 22 | | conviction of a disqualifying crime, or dismissal from or
| 23 | | abandonment of office, the mayor or president of the | 24 | | municipality may appoint a
temporary successor to the officer.
| 25 | | (e) Notwithstanding any provision of law, an attorney or a | 26 | | corporation counsel appointed under this Section who meets the |
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| 1 | | following conditions shall not be deemed a municipal or public | 2 | | officer for purposes of the Illinois Municipal Code, the Public | 3 | | Officers Prohibited Activities Act, or the State Officials and | 4 | | Employees Ethics Act: | 5 | | (1) is retained pursuant to an engagement letter or | 6 | | contract; | 7 | | (2) is not exclusively employed by a single | 8 | | municipality; | 9 | | (3) is not subject to a fixed term of office; and | 10 | | (4) whose compensation is not required to be fixed. | 11 | | (Source: P.A. 94-984, eff. 6-30-06.)
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