(65 ILCS 5/5-2-20) Sec. 5-2-20. Town of Normal; officers. For the Town of Normal, a president must be elected every 4 years at the general municipal election with other officers to be elected or appointed as set forth by ordinance of the corporate authorities. Each officer shall continue to hold office until the officer's successor is selected and qualified. Each vacancy must be filled under Section 3.1-10-50.
(Source: P.A. 103-186, eff. 6-30-23.) |
(65 ILCS 5/Art. 5 Div. 3 heading) DIVISION 3.
FUNCTIONS AND DUTIES
OF OFFICERS
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(65 ILCS 5/5-3-1) (from Ch. 24, par. 5-3-1)
Sec. 5-3-1.
In cities which do not elect to choose alderpersons from wards and
in cities which elect to choose councilmen as provided in Sections 5-2-18.1 through
5-2-18.7, the mayor shall have the right to vote on all questions
coming before the council but shall have no power to veto. The mayor and
president shall be recognized as the official head of the city or village
by the courts for the purpose of serving civil process and by the Governor
for all legal purposes.
The mayor or president of any city or village which adopts this Article
5, other than one which at the time of adoption was operating under or
adopted the commission form of government as provided in Article 4 or
which does not retain the election of alderpersons by wards or trustees by
districts, shall have veto power as provided in Sections 5-3-2 through
5-3-4, and ordinances or measures may be passed over his veto as therein
provided. Such mayor or president shall have the power to vote as provided
in Section 5-3-5.
If any other Acts or any Article of this Code, other than Article 3 or
Article 4, provides for the appointment of a board, commission, or other
agency by the mayor or president, such appointments shall be made in manner
so provided.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/5-3-2) (from Ch. 24, par. 5-3-2)
Sec. 5-3-2.
All resolutions and motions (1) which create any liability
against a city or village, or (2) which provide for the expenditure or
appropriation of its money, or (3) to sell any city, village or school
property, and all ordinances, passed by the council or board shall be
deposited with the city or village clerk. If the mayor approves of them, he
shall sign them. Those of which he disapproves he shall return to the
council or board, with his written objections, at the next regular meeting
of the council or board occurring not less than 5 days after their passage.
The mayor or president may disapprove of any one or more sums appropriated
in any ordinance, resolution, or motion making an appropriation, and, if
so, the remainder shall be effective. However, the mayor or president may
disapprove entirely of an ordinance, resolution, or motion making an
appropriation. If the mayor or president fails to return any ordinance or
any specified resolution or motion with his written objections, within the
designated time, it shall become effective despite the absence of his
signature.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/5-3-3) (from Ch. 24, par. 5-3-3)
Sec. 5-3-3.
Every resolution and motion, specified in Section 5-3-2, and
every ordinance, which is returned to the council or board by the mayor or
president shall be reconsidered by the council or board. If, after such
reconsideration, two-thirds of all the alderpersons then holding office on the
city council or two-thirds of all the trustees then holding office on the
village board agree to pass an ordinance, resolution, or motion,
notwithstanding the mayor's or president's refusal to approve it, then it
shall be effective. The vote on the question of passage over the mayor's or
president's veto shall be by yeas and nays, and shall be recorded in the
journal.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/5-3-4) (from Ch. 24, par. 5-3-4)
Sec. 5-3-4.
No vote of the city council or village board shall be
reconsidered or rescinded at a special meeting, unless there are present at
the special meeting as many alderpersons or trustees as were present when the
vote was taken.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/5-3-5) (from Ch. 24, par. 5-3-5)
Sec. 5-3-5.
The mayor or president of any city or village which elects alderpersons
by wards or trustees by districts shall not vote on any ordinance,
resolution or motion except: (1) where the vote of the alderpersons or trustees
has resulted in a tie; (or) (2) where one-half of the alderpersons or trustees
then holding office have voted in favor of an ordinance, resolution or
motion even though there is no tie vote; or (3) where a vote greater than a
majority of the corporate authorities is required by this Code to adopt an
ordinance, resolution or motion. In each instance specified, the mayor or
president shall vote. The following mayors and presidents may vote on all
questions coming before the council or board: (1) mayors and presidents of
cities and villages operating under this Article and Article 4, and (2)
mayors and presidents of cities and villages which do not elect alderpersons by
wards and trustees by districts.
Nothing in this Section shall deprive an acting mayor or president or
mayor or president pro tem from voting in his capacity as alderperson or
trustee, but he shall not be entitled to another vote in his capacity as
acting mayor or president or mayor or president pro tem.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/5-3-6) (from Ch. 24, par. 5-3-6)
Sec. 5-3-6.
The powers of the council or board shall be purely legislative
except as may be otherwise provided by any other act or by any article of
this Code other than Articles 3 or 4. The executive and administrative
powers conferred on the commissioners by Article 4 shall only be exercised
when delegated to the appointive officers provided in this Article 5.
The council or board shall approve for payment all expenses and
liabilities of the municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/5-3-7) (from Ch. 24, par. 5-3-7)
Sec. 5-3-7.
The council or board of trustees, as the case may be,
shall appoint a municipal manager, who shall be the administrative head
of the municipal government and who shall be responsible for the
efficient administration of all departments. He shall be appointed
without regard to his political beliefs and need not be a resident of
the city or village when appointed. The manager shall be appointed for
an indefinite term, and the conditions of the manager's employment may be
set forth in an agreement. In the case of the absence or disability of the
manager, the council or village board may designate a qualified
administrative officer of the municipality to perform the duties of the
manager during such absence or disability. The manager may at any time
be removed from office by a majority vote of the members of the council
or the board.
The powers and duties of the manager shall be:
(1) To enforce the laws and ordinances within the municipality;
(2) To appoint and remove all directors of departments. No
appointment shall be made upon any basis other than that of merit and
fitness except that if the chief of the fire department or the chief of
the police department or both of them are appointed in the manner as provided
by ordinance under Section 10-2.1-4 of this code, 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;
(3) To exercise control of all departments and divisions thereof
created in this Article 5, or that may be created by the council or
board of trustees;
(4) If the city or village was subject to the alderperson form
provisions of Article 3 at the time of adoption of this Article 5 to
appoint and remove all officers who are not required to be elected by
Article 3;
(5) To have all the powers and exercise all the duties granted
elsewhere in this Code to municipal clerks and comptrollers with respect
to the preparation of a report of estimated funds necessary to defray
the expenses of the city or village for the fiscal year for the
consideration of the corporate authorities prior to the preparation of
the annual appropriation ordinance;
(6) To attend all meetings of the council or board of trustees with
the right to take part in the discussions, but with no right to vote;
(7) To recommend to the council or board of trustees for adoption
such measures as he may deem necessary or expedient;
(8) To perform such other duties as may be prescribed by this
Article 5 or may be required of him by ordinance or resolution of the
board of trustees or council.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/5-3-8) (from Ch. 24, par. 5-3-8)
Sec. 5-3-8.
Under the general supervision and administrative control of the
manager, there shall be such departments as the council or village board
may prescribe by ordinance.
All officers of any city or village shall take and subscribe the oath
required by Section 5-3-9. All such officers, except the mayor, president, alderpersons, councilmen, and trustees, shall execute bonds in the manner
provided by Section 5-3-9, which bonds shall be filed with the clerk of the
council or clerk of the village board.
(Source: P.A. 102-15, eff. 6-17-21.)
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(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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(65 ILCS 5/5-3-10) (from Ch. 24, par. 5-3-10)
Sec. 5-3-10.
At the first meeting of the council or village board after
this Article 5 becomes effective in any city or village, it shall pass a
general ordinance (1) amplifying the powers and duties of the manager in
conformity with this Article 5, (2) defining the scope of each department
and of each division thereunder, (3) defining and prescribing the powers
and duties of appointive officers and employees, (4) fixing the salaries of
all appointive officers and employees, (5) providing for independent audits
of all accounts of the city or village, which audits shall be conducted
independently of the manager by some person selected by the council or the
village board. Full reports of such audits shall be filed in the public
records of the city or village. The power with respect to such audits shall
not be construed to limit the responsibility of the manager for the proper
expenditure of city or village funds. The council or board may by such
ordinance (1) assign appointive officers and employees to one or more of
the departments, (2) require an appointive officer or employee to perform
duties in 2 or more departments, (3) make such rules and regulations as may
be necessary or proper for the efficient and economical conduct of the
business of the city or village.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/5-3-11) (from Ch. 24, par. 5-3-11)
Sec. 5-3-11.
In any city or village adopting the managerial form of municipal
government, if such city or village has heretofore adopted Division 2 of
Article 9, the council or village board shall by ordinance provide that
the board of local improvements be composed of not less than 3 nor more
than 5 members appointed by the mayor or president of the municipality
with the consent of the council or village board. The board shall have
all powers conferred and all duties imposed by Division 2 of Article 9.
Such members may be appointed from persons holding other offices or
positions in the government of the city or village. If provision is
otherwise made for such functions, it shall not be necessary that any
city or village operating under this Article 5 have the offices of
commissioner of public works, superintendent of streets, superintendent
of special assessments, superintendent of sewers, city engineer, public
engineer or chief clerk of special assessments.
(Source: P.A. 78-418.)
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