Public Act 93-0486

SB1210 Enrolled                      LRB093 05954 MKM 06051 b

    AN ACT in relation to municipalities.

    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 4-5-16 as follows:

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

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

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

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

Effective Date: 8/8/2003