Illinois General Assembly - Illinois Compiled Statutes

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65 ILCS 5/5-5-1

(65 ILCS 5/5-5-1) (from Ch. 24, par. 5-5-1)

Sec. 5-5-1.

Petition for abandonment of managerial form; referendum;
succeeding elections of officers and alderpersons or trustees.

(a) A city or village that has operated for 4
years or more under the
managerial form of municipal government may abandon that
organization as provided in this Section. For the purposes of this
Article, the
operation of the managerial form of municipal government shall be deemed
to begin on the date of the appointment of the first manager in
the city or village. When a petition for abandonment
signed by electors of the
municipality equal in number to at least 10% of the number of votes cast
for candidates for mayor at the preceding general quadrennial municipal
election is filed with the circuit court for the county in which that
city or village is located, the court shall set a date not less than 10
nor more than 30 days thereafter for a hearing on the sufficiency of the
petition. Notice of the filing of the petition and of the date of the
hearing shall be given in writing to the city or village clerk and to
the mayor or village president at least 7 days before the date of the
hearing. If the petition is found sufficient, the court shall enter an
order directing that the
proposition be submitted at an election other than a primary election for
the municipality. The clerk of the court shall certify the proposition to
the proper election authorities for submission.
The proposition shall be in substantially the following form:

Shall (name of city or village) retain the managerial

form of municipal government?

(b) If the majority of the votes at the
election are "yes", then the
proposition to abandon is rejected and the municipality shall continue
operating under this Article 5. If the majority of the votes are "no",
then the proposition to abandon operation under this Article 5 is
approved.

(c) If the proposition for abandonment is approved, the city or village
shall become subject to Article 3.1 or Article 4,
whichever Article was in force in the city or village
immediately before the adoption of the plan authorized by this Article 5, upon the
election and qualification of officers to be elected at the next
succeeding general municipal election.  Those officers shall be those
prescribed by Article 3.1 or Article 4, as the case may be, but the
change shall not in any manner or degree affect the property rights or
liabilities of the city or village. The mayor, clerk, and treasurer and
all other elected officers of a city or village in office at the time
the proposition for abandonment is approved shall continue in office
until the expiration of the term for which they were elected.

(d) If a city or village operating under this Article 5 has alderpersons or
trustees elected from wards or districts and a proposition to abandon operation under this Article 5 is approved, then the officers
to be elected at the next
succeeding general municipal election shall be elected from the same
wards or districts as exist immediately before the abandonment.

(e) If a city or village operating under this Article 5 has a council or
village board elected from the municipality at large and a proposition
to abandon operation under this Article 5 is approved, then
the first group of alderpersons,
board of trustees, or commissioners so elected shall be of the same
number as was provided for in the municipality at the time of the
adoption of a plan under this Article 5, with the same ward or district
boundaries in cities or villages that immediately before the adoption
of this Article 5 had wards or districts, unless the municipal
boundaries have been changed. If there has been such a change,
the council or village board shall so alter the former ward or district
boundaries so as to conform as nearly as possible to the former
division. If the plan authorized by this Article 5 is
abandoned, the next general municipal election for officers shall be
held at the time specified in Section 3.1-10-75 or
3.1-25-15 for that
election. The alderpersons or trustees elected at that election shall, if
the city or village was operating under Article 3 at the time of
adoption of this Article 5 and had at that time staggered 4 year terms
of office for the alderpersons or trustees, choose by lot which shall serve
initial 2 year terms as provided by Section 3.1-20-35 or
3.1-15-5, whichever
may be applicable, in the case of election of those officers at
the first
election after a municipality is incorporated.

(f) The proposition to abandon the managerial form of municipal
government shall not be submitted in any city or village oftener than
once in 46 months.

(Source: P.A. 102-15, eff. 6-17-21.)