(65 ILCS 5/5-3-9) (from Ch. 24, par. 5-3-9)
Sec. 5-3-9.
Officers; oath or affirmation; bond.
(a) Before entering upon the duties of their respective offices, all
officers, whether elected or appointed, shall take and subscribe the oath or
affirmation required by the Illinois
Constitution.
The subscribed oath or affirmation shall be
filed in the office of the city or
village clerk.
(b) Before entering upon the duties of their respective offices, all
officers, except those specified in Section 5-3-8, shall execute a bond
with security to be approved by the corporate authorities. The bond shall
be payable to the city or village in the penal sum directed by
resolution or ordinance, conditioned upon the faithful performance of the
duties of the office and the payment of all money received by the officer,
according to law and the ordinances of that city or village.
The bond
may provide that the obligation of the sureties shall not extend to any
loss sustained by the insolvency, failure, or closing of any bank or savings
and loan association organized
and operating under the laws of either the State of Illinois or the United
States in which the officer has placed funds in the
officer's custody if the bank
or savings and loan association
has been approved by the corporate authorities as a depository for these
funds. The treasurer's bond shall be in an amount of dollars that is not less
than the greater of $50,000 or 3 times the latest Federal census population
or any subsequent
census figure used for Motor Fuel Tax purposes. These bonds shall be filed
with the city or village clerk, except that the bond of the clerk shall
be filed with the city or village treasurer.
(c) Subject to the limitations of subsection (b), the city
council or village board may fix the amount and penalty of the bonds of all
officers and of all employees charged with the custody of money or
property. It may also require the giving of additional bonds,
increase or decrease the amount and penalty of the bonds of any officer,
and require the giving of a new bond where the security of an original bond
has become either insufficient or in any way impaired, upon penalty of
removal from office. The power vested in the city council or village board
by this Section shall be so administered as to protect the interests of the
city or village from danger of financial loss and shall never be used as a
means of removing any person from the service of the city or village
without a hearing before the civil service commission, if there is
one, in
accordance with law. In that case, the city employee or
official whose
office is sought to be declared vacant by reason of a failure to give a
new, additional, or increased bond shall have the right to have a hearing
before the civil service commission upon the question involved.
(Source: P.A. 87-1119.)
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