99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1358

 

Introduced 2/18/2015, by Sen. Steven M. Landek

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/3.1-30-5  from Ch. 24, par. 3.1-30-5

    Amends the Illinois Municipal Code. Provides that an attorney or a corporation counsel appointed under this Section who is retained pursuant to an engagement letter or contract, is not exclusively employed by a single municipality, is not subject to a fixed term of office, and whose compensation is not required to be fixed shall not be deemed a municipal or public officer for purposes of the Illinois Municipal Code, the Public Officers Prohibited Activities Act, or the State Officials and Employees Ethics Act.


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A BILL FOR

 

SB1358LRB099 10121 AWJ 30344 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Section 3.1-30-5 as follows:
 
6    (65 ILCS 5/3.1-30-5)  (from Ch. 24, par. 3.1-30-5)
7    Sec. 3.1-30-5. Appointed officers in all municipalities.
8    (a) The mayor or president, as the case may be, by and with
9the advice and consent of the city council or the board of
10trustees, may appoint (1) a treasurer (if the treasurer is not
11an elected position in the municipality), (2) a collector, (3)
12a comptroller, (4) a marshal, (5) an attorney or a corporation
13counsel, (6) one or more purchasing agents and deputies, (7)
14the number of auxiliary police officers determined necessary by
15the corporate authorities, (8) police matrons, (9) a
16commissioner of public works, (10) a budget director or a
17budget officer, and (11) other officers necessary to carry into
18effect the powers conferred upon municipalities.
19    (b) By ordinance or resolution to take effect at the end of
20the current fiscal year, the corporate authorities, by a
21two-thirds vote, may discontinue any appointed office and
22devolve the duties of that office on any other municipal
23officer. After discontinuance, no officer filling the office

 

 

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1before its discontinuance shall have any claim against the
2municipality for salary alleged to accrue after the date of
3discontinuance.
4    (c) Vacancies in all appointed municipal offices may be
5filled in the same manner as appointments are made under
6subsection (a). The city council or board of trustees of a
7municipality, by ordinance not inconsistent with this Code, may
8prescribe the duties, define the powers, and fix the term of
9office of all appointed officers of the municipality; but the
10term of office, except as otherwise expressly provided in this
11Code, shall not exceed that of the mayor or president of the
12municipality.
13    (d) An appointed officer of a municipality may resign from
14his or her office. If an appointed officer resigns, he or she
15shall continue in office until a successor has been chosen and
16has qualified. If there is a failure to appoint a municipal
17officer, or the person appointed fails to qualify, the person
18filling the office shall continue in office until a successor
19has been chosen and has qualified. If an appointed municipal
20officer ceases to perform the duties of or to hold the office
21by reason of death, permanent physical or mental disability,
22conviction of a disqualifying crime, or dismissal from or
23abandonment of office, the mayor or president of the
24municipality may appoint a temporary successor to the officer.
25    (e) Notwithstanding any provision of law, an attorney or a
26corporation counsel appointed under this Section who meets the

 

 

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1following conditions shall not be deemed a municipal or public
2officer for purposes of the Illinois Municipal Code, the Public
3Officers Prohibited Activities Act, or the State Officials and
4Employees Ethics Act:
5        (1) is retained pursuant to an engagement letter or
6    contract;
7        (2) is not exclusively employed by a single
8    municipality;
9        (3) is not subject to a fixed term of office; and
10        (4) whose compensation is not required to be fixed.
11(Source: P.A. 94-984, eff. 6-30-06.)