Sen. Emil Jones, III

Filed: 5/15/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3444

2    AMENDMENT NO. ______. Amend House Bill 3444 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Municipal Code is amended by
5changing Sections 3.1-10-5, 3.1-10-50, and 3.1-10-51 as
6follows:
 
7    (65 ILCS 5/3.1-10-5)  (from Ch. 24, par. 3.1-10-5)
8    Sec. 3.1-10-5. Qualifications; elective office.
9    (a) A person is not eligible for an elective municipal
10office unless that person is a qualified elector of the
11municipality and has resided in the municipality at least one
12year next preceding the election or appointment, except as
13provided in Section 3.1-20-25, subsection (b) of Section
143.1-25-75, Section 5-2-2, or Section 5-2-11.
15    (b) A person is not eligible to take the oath of office for
16a municipal office if that person is, at the time required for

 

 

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1taking the oath of office, in arrears in the payment of a tax
2or other indebtedness due to the municipality or has been
3convicted in any court located in the United States of any
4infamous crime, bribery, perjury, or other felony.
5    (b-5) (Blank). A person is not eligible to hold a municipal
6office, if that person is, at any time during the term of
7office, in arrears in the payment of a tax or other
8indebtedness due to the municipality or has been convicted in
9any court located in the United States of any infamous crime,
10bribery, perjury, or other felony.
11    (c) A person is not eligible for the office of alderman of
12a ward unless that person has resided in the ward that the
13person seeks to represent, and a person is not eligible for the
14office of trustee of a district unless that person has resided
15in the municipality, at least one year next preceding the
16election or appointment, except as provided in Section
173.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2,
18or Section 5-2-11.
19    (d) If a person (i) is a resident of a municipality
20immediately prior to the active duty military service of that
21person or that person's spouse, (ii) resides anywhere outside
22of the municipality during that active duty military service,
23and (iii) immediately upon completion of that active duty
24military service is again a resident of the municipality, then
25the time during which the person resides outside the
26municipality during the active duty military service is deemed

 

 

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1to be time during which the person is a resident of the
2municipality for purposes of determining the residency
3requirement under subsection (a).
4(Source: P.A. 97-1091, eff. 8-24-12; 98-115, eff. 7-29-13.)
 
5    (65 ILCS 5/3.1-10-50)
6    Sec. 3.1-10-50. Events upon which an elective office
7becomes vacant in municipality with population under 500,000.
8    (a) Vacancy by resignation. A resignation is not effective
9unless it is in writing, signed by the person holding the
10elective office, and notarized.
11        (1) Unconditional resignation. An unconditional
12    resignation by a person holding the elective office may
13    specify a future date, not later than 60 days after the
14    date the resignation is received by the officer authorized
15    to fill the vacancy, at which time it becomes operative,
16    but the resignation may not be withdrawn after it is
17    received by the officer authorized to fill the vacancy. The
18    effective date of a resignation that does not specify a
19    future date at which it becomes operative is the date the
20    resignation is received by the officer authorized to fill
21    the vacancy. The effective date of a resignation that has a
22    specified future effective date is that specified future
23    date or the date the resignation is received by the officer
24    authorized to fill the vacancy, whichever date occurs
25    later.

 

 

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1        (2) Conditional resignation. A resignation that does
2    not become effective unless a specified event occurs can be
3    withdrawn at any time prior to the occurrence of the
4    specified event, but if not withdrawn, the effective date
5    of the resignation is the date of the occurrence of the
6    specified event or the date the resignation is received by
7    the officer authorized to fill the vacancy, whichever date
8    occurs later.
9        (3) Vacancy upon the effective date. For the purpose of
10    determining the time period that would require an election
11    to fill the vacancy by resignation or the commencement of
12    the 60-day time period referred to in subsection (e), the
13    resignation of an elected officer is deemed to have created
14    a vacancy as of the effective date of the resignation.
15        (4) Duty of the clerk. If a resignation is delivered to
16    the clerk of the municipality, the clerk shall forward a
17    certified copy of the written resignation to the official
18    who is authorized to fill the vacancy within 7 business
19    days after receipt of the resignation.
20    (b) Vacancy by death or disability. A vacancy occurs in an
21office by reason of the death of the incumbent. The date of the
22death may be established by the date shown on the death
23certificate. A vacancy occurs in an office by permanent
24physical or mental disability rendering the person incapable of
25performing the duties of the office. The corporate authorities
26have the authority to make the determination whether an officer

 

 

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1is incapable of performing the duties of the office because of
2a permanent physical or mental disability. A finding of mental
3disability shall not be made prior to the appointment by a
4court of a guardian ad litem for the officer or until a duly
5licensed doctor certifies, in writing, that the officer is
6mentally impaired to the extent that the officer is unable to
7effectively perform the duties of the office. If the corporate
8authorities find that an officer is incapable of performing the
9duties of the office due to permanent physical or mental
10disability, that person is removed from the office and the
11vacancy of the office occurs on the date of the determination.
12    (c) Vacancy by other causes.
13        (1) Abandonment and other causes. A vacancy occurs in
14    an office by reason of abandonment of office; removal from
15    office; or failure to qualify; or more than temporary
16    removal of residence from the municipality; or in the case
17    of an alderman of a ward or councilman or trustee of a
18    district, more than temporary removal of residence from the
19    ward or district, as the case may be. The corporate
20    authorities have the authority to determine whether a
21    vacancy under this subsection has occurred. If the
22    corporate authorities determine that a vacancy exists, the
23    office is deemed vacant as of the date of that
24    determination for all purposes including the calculation
25    under subsections (e), (f), and (g).
26        (2) Guilty of a criminal offense. An admission of guilt

 

 

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1    of a criminal offense that upon conviction would disqualify
2    the municipal officer from holding the office, in the form
3    of a written agreement with State or federal prosecutors to
4    plead guilty to a felony, bribery, perjury, or other
5    infamous crime under State or federal law, constitutes a
6    resignation from that office, effective on the date the
7    plea agreement is made. For purposes of this Section, a
8    conviction for an offense that disqualifies a municipal
9    officer from holding that office occurs on the date of the
10    return of a guilty verdict or, in the case of a trial by
11    the court, on the entry of a finding of guilt.
12        (3) Election declared void. A vacancy occurs on the
13    date of the decision of a competent tribunal declaring the
14    election of the officer void.
15        (4) Owing a debt to the municipality. A vacancy occurs
16    if a municipal official fails to pay a debt to a
17    municipality in which the official has been elected or
18    appointed to an elected position subject to the following:
19            (A) Before a vacancy may occur under this paragraph
20        (4), the municipal clerk shall deliver, by personal
21        service, a written notice to the municipal official
22        that (i) the municipal official is in arrears of a debt
23        to the municipality, (ii) that municipal official must
24        either pay or contest the debt within 30 days after
25        receipt of the notice or the municipal official will be
26        disqualified and his or her office vacated, and (iii)

 

 

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1        if the municipal official chooses to contest the debt,
2        the municipal official must provide written notice to
3        the municipal clerk of the contesting of the debt. A
4        copy of the notice, and the notice to contest, shall
5        also be mailed by the municipal clerk to the appointed
6        municipal attorney by certified mail. If the municipal
7        clerk is the municipal official indebted to the
8        municipality, the mayor or president of the
9        municipality shall assume the duties of the municipal
10        clerk required under this paragraph (4).
11            (B) In the event that the municipal official
12        chooses to contest the debt, a hearing shall be held
13        within 30 days of the municipal clerk's receipt of the
14        written notice of contest from the municipal official.
15        An appointed municipal hearing officer shall preside
16        over the hearing, and shall hear testimony and accept
17        evidence relevant to the existence of the debt owed by
18        the municipal officer to the municipality.
19            (C) Upon the conclusion of the hearing, the hearing
20        officer shall make a determination on the basis of the
21        evidence presented as to whether or not the municipal
22        official is in arrears of a debt to the municipality.
23        The determination shall be in writing and shall be
24        designated as findings, decision, and order. The
25        findings, decision, and order shall include: (i) the
26        hearing officer's findings of fact; (ii) a decision of

 

 

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1        whether or not the municipal official is in arrears of
2        a debt to the municipality based upon the findings of
3        fact; and (iii) an order that either directs the
4        municipal official to pay the debt within 30 days or be
5        disqualified and his or her office vacated or dismisses
6        the matter if a debt owed to the municipality is not
7        proved. A copy of the hearing officer's written
8        determination shall be served upon the municipal
9        official in open proceedings before the hearing
10        officer. If the municipal official does not appear for
11        receipt of the written determination, the written
12        determination shall be deemed to have been served on
13        the municipal official on the date when a copy of the
14        written determination is personally served on the
15        municipal official or on the date when a copy of the
16        written determination is deposited in the United
17        States mail, postage prepaid, addressed to the
18        municipal official at the address on record with the
19        municipality.
20            (D) A municipal official aggrieved by the
21        determination of a hearing officer may secure judicial
22        review of such determination in the circuit court of
23        the county in which the hearing was held. The municipal
24        official seeking judicial review must file a petition
25        with the clerk of the court and must serve a copy of
26        the petition upon the municipality by registered or

 

 

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1        certified mail within 5 days after service of the
2        determination of the hearing officer. The petition
3        shall contain a brief statement of the reasons why the
4        determination of the hearing officer should be
5        reversed. The municipal official shall file proof of
6        service with the clerk of the court. No answer to the
7        petition need be filed, but the municipality shall
8        cause the record of proceedings before the hearing
9        officer to be filed with the clerk of the court on or
10        before the date of the hearing on the petition or as
11        ordered by the court. The court shall set the matter
12        for hearing to be held within 30 days after the filing
13        of the petition and shall make its decision promptly
14        after such hearing.
15            (E) If a municipal official chooses to pay the
16        debt, or is ordered to pay the debt after the hearing,
17        the municipal official must present proof of payment to
18        the municipal clerk that the debt was paid in full,
19        and, if applicable, within the required time period as
20        ordered by a hearing officer or circuit court judge.
21            (F) A municipal official will be disqualified and
22        his or her office vacated pursuant to this paragraph
23        (4) on the later of the following times if the
24        municipal official: (i) fails to pay or contest the
25        debt within 30 days of the municipal official's receipt
26        of the notice of the debt; (ii) fails to pay the debt

 

 

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1        within 30 days after being served with a written
2        determination under subparagraph (C) ordering the
3        municipal official to pay the debt; or (iii) fails to
4        pay the debt within 30 days after being served with a
5        decision pursuant to subparagraph (D) upholding a
6        hearing officer's determination that the municipal
7        officer has failed to pay a debt owed to a
8        municipality.
9            (G) For purposes of this paragraph, a "debt" shall
10        mean an arrearage in a definitely ascertainable and
11        quantifiable amount after service of written notice
12        thereof, in the payment of any indebtedness due to the
13        municipality, which has been adjudicated before a
14        tribunal with jurisdiction over the matter. A
15        municipal official is considered in arrears of a debt
16        to a municipality if a debt is more than 30 days
17        overdue from the date the debt was due.
18    (d) Election of an acting mayor or acting president. The
19election of an acting mayor or acting president pursuant to
20subsection (f) or (g) does not create a vacancy in the original
21office of the person on the city council or as a trustee, as
22the case may be, unless the person resigns from the original
23office following election as acting mayor or acting president.
24If the person resigns from the original office following
25election as acting mayor or acting president, then the original
26office must be filled pursuant to the terms of this Section and

 

 

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1the acting mayor or acting president shall exercise the powers
2of the mayor or president and shall vote and have veto power in
3the manner provided by law for a mayor or president. If the
4person does not resign from the original office following
5election as acting mayor or acting president, then the acting
6mayor or acting president shall exercise the powers of the
7mayor or president but shall be entitled to vote only in the
8manner provided for as the holder of the original office and
9shall not have the power to veto. If the person does not resign
10from the original office following election as acting mayor or
11acting president, and if that person's original term of office
12has not expired when a mayor or president is elected and has
13qualified for office, the acting mayor or acting-president
14shall return to the original office for the remainder of the
15term thereof.
16    (e) Appointment to fill alderman or trustee vacancy. An
17appointment by the mayor or president or acting mayor or acting
18president, as the case may be, of a qualified person as
19described in Section 3.1-10-5 of this Code to fill a vacancy in
20the office of alderman or trustee must be made within 60 days
21after the vacancy occurs. Once the appointment of the qualified
22person has been forwarded to the corporate authorities, the
23corporate authorities shall act upon the appointment within 30
24days. If the appointment fails to receive the advice and
25consent of the corporate authorities within 30 days, the mayor
26or president or acting mayor or acting president shall appoint

 

 

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1and forward to the corporate authorities a second qualified
2person as described in Section 3.1-10-5. Once the appointment
3of the second qualified person has been forwarded to the
4corporate authorities, the corporate authorities shall act
5upon the appointment within 30 days. If the appointment of the
6second qualified person also fails to receive the advice and
7consent of the corporate authorities, then the mayor or
8president or acting mayor or acting president, without the
9advice and consent of the corporate authorities, may make a
10temporary appointment from those persons who were appointed but
11whose appointments failed to receive the advice and consent of
12the corporate authorities. The person receiving the temporary
13appointment shall serve until an appointment has received the
14advice and consent and the appointee has qualified or until a
15person has been elected and has qualified, whichever first
16occurs.
17    (f) Election to fill vacancies in municipal offices with
184-year terms. If a vacancy occurs in an elective municipal
19office with a 4-year term and there remains an unexpired
20portion of the term of at least 28 months, and the vacancy
21occurs at least 130 days before the general municipal election
22next scheduled under the general election law, then the vacancy
23shall be filled for the remainder of the term at that general
24municipal election. Whenever an election is held for this
25purpose, the municipal clerk shall certify the office to be
26filled and the candidates for the office to the proper election

 

 

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1authorities as provided in the general election law. If a
2vacancy occurs with less than 28 months remaining in the
3unexpired portion of the term or less than 130 days before the
4general municipal election, then:
5        (1) Mayor or president. If the vacancy is in the office
6    of mayor or president, the vacancy must be filled by the
7    corporate authorities electing one of their members as
8    acting mayor or acting president. Except as set forth in
9    subsection (d), the acting mayor or acting president shall
10    perform the duties and possess all the rights and powers of
11    the mayor or president until a mayor or president is
12    elected at the next general municipal election and has
13    qualified. However, in villages with a population of less
14    than 5,000, if each of the trustees either declines the
15    election as acting president or is not elected by a
16    majority vote of the trustees presently holding office,
17    then the trustees may elect, as acting president, any other
18    village resident who is qualified to hold municipal office,
19    and the acting president shall exercise the powers of the
20    president and shall vote and have veto power in the manner
21    provided by law for a president.
22        (2) Alderman or trustee. If the vacancy is in the
23    office of alderman or trustee, the vacancy must be filled
24    by the mayor or president or acting mayor or acting
25    president, as the case may be, in accordance with
26    subsection (e).

 

 

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1        (3) Other elective office. If the vacancy is in any
2    elective municipal office other than mayor or president or
3    alderman or trustee, the mayor or president or acting mayor
4    or acting president, as the case may be, must appoint a
5    qualified person to hold the office until the office is
6    filled by election, subject to the advice and consent of
7    the city council or the board of trustees, as the case may
8    be.
9    (g) Vacancies in municipal offices with 2-year terms. In
10the case of an elective municipal office with a 2-year term, if
11the vacancy occurs at least 130 days before the general
12municipal election next scheduled under the general election
13law, the vacancy shall be filled for the remainder of the term
14at that general municipal election. If the vacancy occurs less
15than 130 days before the general municipal election, then:
16        (1) Mayor or president. If the vacancy is in the office
17    of mayor or president, the vacancy must be filled by the
18    corporate authorities electing one of their members as
19    acting mayor or acting president. Except as set forth in
20    subsection (d), the acting mayor or acting president shall
21    perform the duties and possess all the rights and powers of
22    the mayor or president until a mayor or president is
23    elected at the next general municipal election and has
24    qualified. However, in villages with a population of less
25    than 5,000, if each of the trustees either declines the
26    election as acting president or is not elected by a

 

 

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1    majority vote of the trustees presently holding office,
2    then the trustees may elect, as acting president, any other
3    village resident who is qualified to hold municipal office,
4    and the acting president shall exercise the powers of the
5    president and shall vote and have veto power in the manner
6    provided by law for a president.
7        (2) Alderman or trustee. If the vacancy is in the
8    office of alderman or trustee, the vacancy must be filled
9    by the mayor or president or acting mayor or acting
10    president, as the case may be, in accordance with
11    subsection (e).
12        (3) Other elective office. If the vacancy is in any
13    elective municipal office other than mayor or president or
14    alderman or trustee, the mayor or president or acting mayor
15    or acting president, as the case may be, must appoint a
16    qualified person to hold the office until the office is
17    filled by election, subject to the advice and consent of
18    the city council or the board of trustees, as the case may
19    be.
20    (h) In cases of vacancies arising by reason of an election
21being declared void pursuant to paragraph (3) of subsection
22(c), persons holding elective office prior thereto shall hold
23office until their successors are elected and qualified or
24appointed and confirmed by advice and consent, as the case may
25be.
26    (i) This Section applies only to municipalities with

 

 

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1populations under 500,000.
2(Source: P.A. 94-645, eff. 8-22-05; 95-646, eff. 1-1-08.)
 
3    (65 ILCS 5/3.1-10-51)
4    Sec. 3.1-10-51. Vacancies in municipalities with a
5population of 500,000 or more.
6    (a) Events upon which an elective office in a municipality
7of 500,000 or more shall become vacant:
8        (1) A municipal officer may resign from office. A
9    vacancy occurs in an office by reason of resignation,
10    failure to elect or qualify (in which case the incumbent
11    shall remain in office until the vacancy is filled), death,
12    permanent physical or mental disability rendering the
13    person incapable of performing the duties of his or her
14    office, conviction of a disqualifying crime, abandonment
15    of office, removal from office, or removal of residence
16    from the municipality or, in the case of an alderman of a
17    ward, removal of residence from the ward.
18        (2) An admission of guilt of a criminal offense that
19    would, upon conviction, disqualify the municipal officer
20    from holding that office, in the form of a written
21    agreement with State or federal prosecutors to plead guilty
22    to a felony, bribery, perjury, or other infamous crime
23    under State or federal law, shall constitute a resignation
24    from that office, effective at the time the plea agreement
25    is made. For purposes of this Section, a conviction for an

 

 

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1    offense that disqualifies the municipal officer from
2    holding that office occurs on the date of the return of a
3    guilty verdict or, in the case of a trial by the court, the
4    entry of a finding of guilt.
5        (3) Owing a debt to the municipality. A vacancy occurs
6    if a municipal official fails to pay a debt to a
7    municipality in which the official has been elected or
8    appointed to an elected position subject to the following:
9            (A) Before a vacancy may occur under this paragraph
10        (3), the municipal clerk shall deliver, by personal
11        service, a written notice to the municipal official
12        that (i) the municipal official is in arrears of a debt
13        to the municipality, (ii) that municipal official must
14        either pay or contest the debt within 30 days after
15        receipt of the notice or the municipal official will be
16        disqualified and his or her office vacated, and (iii)
17        if the municipal official chooses to contesting the
18        debt, the municipal official must provide written
19        notice to the municipal clerk of the contest of the
20        debt. A copy of the notice, and the notice to contest,
21        shall also be mailed by the municipal clerk to the
22        appointed municipal attorney by certified mail. If the
23        municipal clerk is the municipal official indebted to
24        the municipality, the mayor or president of the
25        municipality shall assume the duties of the municipal
26        clerk required under this paragraph (3).

 

 

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1            (B) In the event that the municipal official
2        chooses to contest the debt, a hearing shall be held
3        within 30 days of the municipal clerk's receipt of the
4        written notice of contest from the municipal official.
5        An appointed municipal hearing officer shall preside
6        over the hearing, and shall hear testimony and accept
7        evidence relevant to the existence of the debt owed by
8        the municipal officer to the municipality.
9            (C) Upon the conclusion of the hearing, the hearing
10        officer shall make a determination on the basis of the
11        evidence presented as to whether or not the municipal
12        official is in arrears of a debt to the municipality.
13        The determination shall be in writing and shall be
14        designated as findings, decision, and order. The
15        findings, decision, and order shall include: (i) the
16        hearing officer's findings of fact; (ii) a decision of
17        whether or not the municipal official is in arrears of
18        a debt to the municipality based upon the findings of
19        fact; and (iii) an order that either directs the
20        municipal official to pay the debt within 30 days or be
21        disqualified and his or her office vacated or dismisses
22        the matter if a debt owed to the municipality is not
23        proved. A copy of the hearing officer's written
24        determination shall be served upon the municipal
25        official in open proceedings before the hearing
26        officer. If the municipal official does not appear for

 

 

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1        receipt of the written determination, the written
2        determination shall be deemed to have been served on
3        the municipal official on the date when a copy of the
4        written determination is personally served on the
5        municipal official or on the date when a copy of the
6        written determination is deposited in the Unites
7        States mail, postage prepaid, addressed to the
8        municipal official at the address on record in the
9        files of the municipality.
10            (D) A municipal official aggrieved by the
11        determination of a hearing officer may secure judicial
12        review of such determination in the circuit court of
13        the county in which the hearing was held. The municipal
14        official seeking judicial review must file a petition
15        with the clerk of the court and must serve a copy of
16        the petition upon the municipality by registered or
17        certified mail within 5 days after service of the
18        determination of the hearing officer. The petition
19        shall contain a brief statement of the reasons why the
20        determination of the hearing officer should be
21        reversed. The municipal official shall file proof of
22        service with the clerk of the court. No answer to the
23        petition need be filed, but the municipality shall
24        cause the record of proceedings before the hearing
25        officer to be filed with the clerk of the court on or
26        before the date of the hearing on the petition or as

 

 

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1        ordered by the court. The court shall set the matter
2        for hearing to be held within 30 days after the filing
3        of the petition and shall make its decision promptly
4        after such hearing.
5            (E) If a municipal official chooses to pay the
6        debt, or is ordered to pay the debt after the hearing,
7        the municipal official must present proof of payment to
8        the municipal clerk that the debt was paid in full,
9        and, if applicable, within the required time period as
10        ordered by a hearing officer.
11            (F) A municipal official will be disqualified and
12        his or her office vacated pursuant to this paragraph
13        (3) on the later of the following times the municipal
14        official: (i) fails to pay or contest the debt within
15        30 days of the municipal official's receipt of the
16        notice of the debt; (ii) fails to pay the debt within
17        30 days after being served with a written determination
18        under subparagraph (C) ordering the municipal official
19        to pay the debt; or (iii) fails to pay the debt within
20        30 days after being served with a decision pursuant to
21        subparagraph (D) upholding a hearing officer's
22        determination that the municipal officer has failed to
23        pay a debt owed to a municipality.
24            (G) For purposes of this paragraph, a "debt" shall
25        mean an arrearage in a definitely ascertainable and
26        quantifiable amount after service of written notice

 

 

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1        thereof, in the payment of any indebtedness due to the
2        municipality, which has been adjudicated before a
3        tribunal with jurisdiction over the matter. A
4        municipal official is considered in arrears of a debt
5        to a municipality if a debt is more than 30 days
6        overdue from the date the debt was due.
7    (b) If a vacancy occurs in an elective municipal office
8with a 4-year term and there remains an unexpired portion of
9the term of at least 28 months, and the vacancy occurs at least
10130 days before the general municipal election next scheduled
11under the general election law, then the vacancy shall be
12filled for the remainder of the term at that general municipal
13election. Whenever an election is held for this purpose, the
14municipal clerk shall certify the office to be filled and the
15candidates for the office to the proper election authorities as
16provided in the general election law. If the vacancy is in the
17office of mayor, the city council shall elect one of their
18members acting mayor. The acting mayor shall perform the duties
19and possess all the rights and powers of the mayor until a
20successor to fill the vacancy has been elected and has
21qualified. If the vacancy is in any other elective municipal
22office, then until the office is filled by election, the mayor
23shall appoint a qualified person to the office subject to the
24advice and consent of the city council.
25    (c) If a vacancy occurs later than the time provided in
26subsection (b) in a 4-year term, a vacancy in the office of

 

 

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1mayor shall be filled by the corporate authorities electing one
2of their members acting mayor. The acting mayor shall perform
3the duties and possess all the rights and powers of the mayor
4until a mayor is elected at the next general municipal election
5and has qualified. A vacancy occurring later than the time
6provided in subsection (b) in a 4-year term in any elective
7office other than mayor shall be filled by appointment by the
8mayor, with the advice and consent of the corporate
9authorities.
10    (d) A municipal officer appointed or elected under this
11Section shall hold office until the officer's successor is
12elected and has qualified.
13    (e) An appointment to fill a vacancy in the office of
14alderman shall be made within 60 days after the vacancy occurs.
15The requirement that an appointment be made within 60 days is
16an exclusive power and function of the State and is a denial
17and limitation under Article VII, Section 6, subsection (h) of
18the Illinois Constitution of the power of a home rule
19municipality to require that an appointment be made within a
20different period after the vacancy occurs.
21    (f) This Section applies only to municipalities with a
22population of 500,000 or more.
23(Source: P.A. 95-646, eff. 1-1-08.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.".