093_SB1210enr

 
SB1210 Enrolled                      LRB093 05954 MKM 06051 b

 1        AN ACT in relation to municipalities.

 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 4-5-16 as follows:

 6        (65 ILCS 5/4-5-16) (from Ch. 24, par. 4-5-16)
 7        Sec.   4-5-16.   Statement   of  receipts  and  expenses;
 8    examination of books and accounts; expenditure  greater  than
 9    appropriation.
10        (a)  In   municipalities   with  25,000  15,000  or  more
11    inhabitants, the council each month shall print  in  pamphlet
12    form,  a  detailed  itemized  statement  of  all receipts and
13    expenses of the municipality and a summary of its proceedings
14    during the preceding month. In municipalities with fewer than
15    25,000 15,000 inhabitants, the council shall print a  similar
16    statement  annually  instead  of  monthly.  The council shall
17    furnish printed copies of each statement  to  (i)  the  State
18    Library,  (ii)  the  city  library,  (iii)  all the daily and
19    weekly  newspapers  with  a  general   circulation   in   the
20    municipality,  and  (iv)  persons who apply for a copy at the
21    office of the municipal clerk.
22        (b)  At the end of each fiscal year,  the  council  shall
23    have   competent   accountants   make  a  full  and  complete
24    examination of all books and accounts of the municipality and
25    shall distribute the result of that examination in the manner
26    provided in this Section.
27        (c)  It is unlawful for the council or  any  commissioner
28    to  expend,  directly or indirectly, a greater amount for any
29    municipal purpose  than  the  amount  appropriated  for  that
30    purpose in the annual appropriation ordinance passed for that
31    fiscal  year.  A violation of this provision by any member of
 
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 1    the council shall constitute a petty offense.
 2    (Source: P.A. 87-1119.)

 3        Section 10.  The Illinois Municipal Code  is  amended  by
 4    changing Section 10-2.1-4 as follows:

 5        (65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
 6        Sec.  10-2.1-4.  Fire and police departments; Appointment
 7    of members; Certificates of appointments.
 8        The board of fire and police commissioners shall  appoint
 9    all  officers  and members of the fire and police departments
10    of the municipality, including the chief of  police  and  the
11    chief  of the fire department, unless the council or board of
12    trustees shall by ordinance as  to  them  otherwise  provide;
13    except as otherwise provided in this Section, and except that
14    in any municipality which adopts or has adopted this Division
15    2.1  and  also  adopts or has adopted Article 5 of this Code,
16    the chief of police and the  chief  of  the  fire  department
17    shall  be  appointed  by  the  municipal  manager,  if  it is
18    provided by ordinance in such municipality that such  chiefs,
19    or  either  of  them,  shall not be appointed by the board of
20    fire and police commissioners.
21        If the chief of the fire department or the chief  of  the
22    police department or both of them are appointed in the manner
23    provided  by  ordinance, they may be removed or discharged by
24    the  appointing  authority.   In  such  case  the  appointing
25    authority shall  file  with  the  corporate  authorities  the
26    reasons  for  such  removal  or  discharge,  which removal or
27    discharge shall not become effective unless  confirmed  by  a
28    majority vote of the corporate authorities.
29        If  a  member  of  the  department  is appointed chief of
30    police or  chief  of  the  fire  department  prior  to  being
31    eligible  to  retire on pension, he shall be considered as on
32    furlough from the rank  he  held  immediately  prior  to  his
 
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 1    appointment as chief. If he resigns as chief or is discharged
 2    as chief prior to attaining eligibility to retire on pension,
 3    he  shall  revert  to  and be established in whatever rank he
 4    currently holds, except for  previously  appointed  positions
 5    such  prior  rank,  and  thereafter  be  entitled  to all the
 6    benefits and emoluments of  that  such  prior  rank,  without
 7    regard as to whether a vacancy then exists in that such rank.
 8        All  appointments  to  each department other than that of
 9    the lowest rank, however, shall be from the rank  next  below
10    that  to  which  the  appointment is made except as otherwise
11    provided in this Section, and except that the chief of police
12    and the chief of the fire department may  be  appointed  from
13    among   members   of   the   police   and  fire  departments,
14    respectively, regardless of rank, unless the council or board
15    of trustees shall have by  ordinance  as  to  them  otherwise
16    provided.    A  chief  of  police  or  the  chief of the fire
17    department, having been appointed from among members  of  the
18    police  or fire department, respectively, shall be permitted,
19    regardless of rank, to take promotional exams and be promoted
20    to a higher classified rank than he currently holds,  without
21    having  to  resign  as  chief  of police or chief of the fire
22    department.
23        The sole authority to issue certificates  of  appointment
24    shall be vested in the Board of Fire and Police Commissioners
25    and all certificates of appointments issued to any officer or
26    member  of  the  fire  or police department of a municipality
27    shall be signed by the chairman and secretary respectively of
28    the  board  of  fire  and  police   commissioners   of   such
29    municipality,  upon  appointment of such officer or member of
30    the fire and police department of such municipality by action
31    of the board of fire and police commissioners.
32        The term "policemen" as used in this  Division  does  not
33    include auxiliary policemen except as provided for in Section
34    10-2.1-6.
 
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 1        Any  full  time  member  of  a  regular  fire  or  police
 2    department   of   any  municipality  which  comes  under  the
 3    provisions of this Division or adopts this  Division  2.1  or
 4    which  has  adopted  any of the prior Acts pertaining to fire
 5    and police commissioners, is a city officer.
 6        Notwithstanding any other provision of this Section,  the
 7    Chief   of   Police   of   a  department  in  a  non-homerule
 8    municipality of more than 130,000  inhabitants  may,  without
 9    the  advice  or  consent  of  the  Board  of  Fire and Police
10    Commissioners, appoint up to 6 officers who shall be known as
11    deputy chiefs or assistant  deputy  chiefs,  and  whose  rank
12    shall  be  immediately  below  that  of Chief.  The deputy or
13    assistant deputy chiefs may be appointed  from  any  rank  of
14    sworn officers of that municipality, but no person who is not
15    such  a sworn officer may be so appointed.  Such deputy chief
16    or assistant deputy chief shall have the authority to  direct
17    and  issue  orders to all employees of the Department holding
18    the rank of captain or any lower rank.   A  deputy  chief  of
19    police  or  assistant  deputy  chief  of  police, having been
20    appointed  from  any  rank  of   sworn   officers   of   that
21    municipality, shall be permitted, regardless of rank, to take
22    promotional exams and be promoted to a higher classified rank
23    than  he  currently holds, without having to resign as deputy
24    chief of police or assistant deputy chief of police.
25        Notwithstanding any other provision of  this  Section,  a
26    non-homerule  municipality  of  130,000 or fewer inhabitants,
27    through its council or board of trustees, may, by  ordinance,
28    provide for a position of deputy chief to be appointed by the
29    chief  of the police department.  The ordinance shall provide
30    for no more than one deputy  chief  position  if  the  police
31    department  has  fewer  than 25 full-time police officers and
32    for no more than 2  deputy  chief  positions  if  the  police
33    department  has  25  or  more full-time police officers.  The
34    deputy chief position shall be  an  exempt  rank  immediately
 
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 1    below  that of Chief.  The deputy chief may be appointed from
 2    any rank of sworn, full-time officers of  the  municipality's
 3    police  department,  but  must  have  at  least  5  years  of
 4    full-time  service as a police officer in that department.  A
 5    deputy chief shall serve at the discretion of the Chief  and,
 6    if  removed  from  the  position,  shall  revert  to the rank
 7    currently held, without regard as to whether a vacancy exists
 8    in that rank. A deputy chief of police, having been appointed
 9    from  any  rank  of  sworn   full-time   officers   of   that
10    municipality's   police   department,   shall  be  permitted,
11    regardless of rank, to take promotional exams and be promoted
12    to a higher classified rank than he currently holds,  without
13    having  to  resign  as  deputy  chief of police the rank held
14    immediately  prior  to  appointment  to  the   deputy   chief
15    position.
16        No  municipality  having a population less than 1,000,000
17    shall require that any fireman appointed to the  lowest  rank
18    serve  a  probationary  employment  period of longer than one
19    year.  The limitation on periods of  probationary  employment
20    provided in this amendatory Act of 1989 is an exclusive power
21    and  function  of  the  State.  Pursuant to subsection (h) of
22    Section 6 of Article VII of the Illinois Constitution, a home
23    rule municipality having a  population  less  than  1,000,000
24    must  comply  with this limitation on periods of probationary
25    employment, which is a denial and  limitation  of  home  rule
26    powers.   Notwithstanding  anything  to  the contrary in this
27    Section, the probationary employment period limitation  shall
28    not apply to a fireman whose position also includes paramedic
29    responsibilities.
30    (Source: P.A. 91-615, eff. 8-19-99.)

31        Section 99.  Effective date.  This Section and Section 10
32    take effect upon becoming law, and Section 5 takes effect on
 
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 1    January 1, 2004.