COLUMBIA MUNICIPAL CODE

Title 2

ADMINISTRATION AND PERSONNEL

Sections:

2.02    CITY COUNCIL

2.04    CITY OFFICERS

2.06    MAYOR

2.08    EXECUTIVE SECRETARY TO THE MAYOR

2.10    CITY CLERK

2.12    DEPUTY CITY CLERK

2.14    CITY TREASURER

2.16    CITY COLLECTOR

2.17    CITY ADMINISTRATOR

2.18    CITY AUDITOR

2.19    CITY ENGINEER

2.20    CITY ATTORNEY

2.22    CHIEF OF POLICE

2.24    DEPUTY CHIEF OF POLICE

2.26    BUDGET OFFICER

2.28    CITY DIRECTOR OF PUBLIC WORKS

2.32    PLAN COMMISSION

2.34    POLICE DEPARTMENT

2.36    FIRE DEPARTMENT

2.38    RURAL FIRE PROTECTION DISTRICT

2.40    AUXILIARY POLICE

2.42    HEALTH OFFICER

2.44    BOARD OF HEALTH

2.46    BOARD OF FIRE AND POLICE COMMISSIONERS

2.48    BOARD OF LIBRARY DIRECTORS

2.49    COLUMBIA CIVIC PROGRESS COMMITTEE

2.50    BUILDING INSPECTOR

2.52    PLUMBING INSPECTOR

2.54    BIDDING AND CONTRACT PROCEDURES

2.56    FEES AND CHARGES FOR CITY SERVICES AND BUSINESS LICENSES

2.58    PUBLIC RECORDS

2.60    CIVIL EMERGENCIES

2.62    EMERGENCY SERVICES DISASTER AGENCY

2.64    AMERICANS WITH DISABILITIES ACT

2.66    POLICE PENSION FUND

2.68    PERSONNEL CODE

2.70    CODE IMPLEMENTING THE STATE OFFICIALS AND EMPLOYEES ETHICS ACT

 

 

Section 2.02

CITY COUNCIL

Chapters:

2.02.010    City council.

2.02.020    Compensation.

2.02.030    Vacancy.

2.02.040    Regular meetings.

2.02.050    Special meetings.

2.02.060    Committees.

2.02.070    Special committees.

2.02.080    Quorum.

2.02.090    Meetings--Rules.

2.02.100    Ordinances.

Chapter 2.02.010    City council.

    The city council shall consist of the mayor and eight aldermen, and their terms of office shall be for four years, except as otherwise provided by law, and until their successors are elected and have qualified. (Prior code § 2-1-1)

2.02.010

 

 

Chapter 2.02.020    Compensation.

    The Aldermen elected at the April, 2003 General Municipal Election shall receive an annual salary as follows:  Commencing May 1, 2003 through April 30, 2004, the annual salary shall be $3,936.00; commencing May 1, 2004 through April 30, 2005, the annual salary shall be $4,104.00; commencing May 1, 2005 through April 30, 2006, the annual salary shall be $4,272.00; commencing May 1, 2006 through April 30, 2007, the annual salary shall be $4,440.00.

 

    The Aldermen elected at the April, 2001 General Election shall receive an annual salary as follows: Commencing May 1, 2001 through April 30, 2002, the annual salary shall be $3,648.00; commencing May 1, 2002 through April 30, 2003, the annual salary shall be $3,792.00; commencing May 1, 2003 through April 30, 2004, the annual salary shall be $3,936.00; commencing May 1, 2004 through April 30, 2005, the annual salary shall be $4,104.00.  

 

    The Aldermen elected at the April, 1999 General Municipal Election shall receive an annual salary as follows: Commencing May 1, 1999 through April 30, 2000, the annual salary shall be three thousand one hundred ninety-two dollars ($3,192.00); commencing May 1, 2000 through April 30, 2001, the annual salary shall be three thousand five hundred four dollars ($3,504.00); commencing May 1, 2001 through April 30, 2002, the annual salary shall be three thousand six hundred forty-eight dollars ($3,648.00); commencing May 1, 2002 through April 30, 2003, the annual salary shall be three thousand seven hundred ninety-two dollars ($3,792.00).

 

    The Aldermen elected at the April, 1997 General Municipal Election shall receive an annual salary as follows: Commencing May 1, 1997 through April 30, 1998, the annual salary shall be two thousand six hundred forty dollars ($2,640.00); commencing May 1, 1998 through April 30, 1999, the annual salary shall be two thousand nine hundred four dollars ($2,904.00); commencing May 1, 1999 through April 30, 2000, the annual salary shall be three thousand one hundred ninety-two dollars ($3,192.00); commencing May 1, 2000 through April 30, 2001, the annual salary shall be three thousand five hundred four dollars ($3,504.00).

 

    In addition thereto, said Aldermen shall receive one twenty-fourth (1/24) of the annual salary for the current year for each special meeting attended. Aldermen shall be entitled to reimbursement for actual expenses incurred by them in the performance of their duties, as determined by the City Council from time to time. (Ord. 1664 § 1, 1998: prior code § 2-1-2)

2.02.020

(2.02.020 (2003 Election) (Ord. 2040), Amended, 04/15/2002; 2.02.020 (2001 Election) (Ord. 1941), Amended, 03/19/2001)

 

Chapter 2.02.030    Vacancy.

    A vacancy in the office of an alderman shall be filled for the remainder of the term at the next succeeding general election for aldermen, except in cases where the law requires that the vacancy shall be filled by a special election. The mayor, with the advice and consent of the city council, may appoint a person to serve as alderman in the vacancy until the next election for aldermen, and until the person elected has qualified. (Prior code § 2-1-3)

2.02.030

 

Chapter 2.02.040    Regular meetings.

    The regularly stated meetings of the city council shall be held in the City Hall building on the first and third Mondays of each month at seven p.m. during Central Standard Time and at seven p.m. during Central Daylight Savings Time. When the meeting date falls on a legal holiday, the meeting shall be held on the next regular day, the same hour and place, unless otherwise designated. Adjourned meetings may be held at such times as determined by the council. Public notice of regular meetings shall be given in accordance with the Meetings of Public Agencies Act of the State of Illinois, Illinois Revised Statutes, Chapter 102, Sections 41 through 54, as amended. (Ord. 1351 § 1, 1995: Ord. 590 § 1, 1985: prior code § 2-1-4)

2.02.040

 

Chapter 2.02.050    Special meetings.

    Special meetings of the city council may be called by the mayor or any three aldermen by giving at least twenty-four (24) hours notice thereof, by delivering to their residences, written or printed notice of the time of such meeting. Public notice of special meetings shall be given in accordance with the Meetings of Public Agencies Act of the State of Illinois, Illinois Revised Statutes, 1978, Chapter 102, Sections 41 through 54. (Prior code § 2-1-5)

2.02.050

 

Chapter 2.02.060    Committees.

    A.    The standing committees of the city council shall be appointed annually at the first regular meeting of the city council after May 1st of each year, by majority vote of the aldermen holding office, with the advice and recommendations of the executive and rules committee.

    B.    There is created the executive and rules committee of the city council which shall consist of four members being the four aldermen and/or alderwomen from time to time holding office which have the most seniority in office. The chairman of the executive and rules committee shall be the alderman or alderwoman holding office who has the most seniority in office. It shall be the function of the executive and rules committee to make recommendations to the city council regarding annual standing committee membership appointments and the executive and rules committee may propose committee membership slates to the city council for council approval.

    C.    The standing committees of the city council shall be as follows:

    1.    Executive and rules committee;

    2.    Finance, bonds and interest committee;

    3.    Municipal buildings and property and capital improvements committee;

    4.    Sewer department committee;

    5.    Public utilities committee;

    6.    Streets, sidewalks and drainage committee;

    7.    Health and sanitation committee;

    8.    Waterworks department committee;

    9.    Public library committee;

    10.    Building permits committee;

    11.    Fire department and fire prevention and ambulance committee;

    12.    Refuse collections, disposal grounds and re-cycling center committee;

    13.    License, insurance, claims and civil defense committee;

    14.    Radio communication system and dispatch center committee;

    15.    Parks, playgrounds and recreation committee;

    16.    Ordinances, planning and zoning committee;

    17.    Personnel committee.

    D.    The mayor shall be an ex-officio member of each and every standing committee of the city council, except the executive and rules committee. As an ex-officio committee member, the mayor shall not be entitled to vote on any committee business except that the mayor shall be required to vote where the vote of the committee members has resulted in a tie.

    E.    The primary function of the city standing committees is to make policy recommendations to the mayor and the city council; and in this regard, to conduct investigations, hold public hearings where required, make detailed studies and communicate with municipal department heads and officers with regard to work assigned to each standing committee by the city council. Committee members should reach a decision as to their recommended action on work assigned to them by the city council prior to the council meeting at which council action is required. The actual administration of a particular municipal activity or department shall be the responsibility of the administrative official in charge thereof. (Ord. 836 § 1, 1990: prior code § 2-1-6)

2.02.060

 

Chapter 2.02.070    Special committees.

    The mayor shall appoint such special committees as he may deem necessary or as may be directed by the council. (Prior code § 2-1-7)

2.02.070

 

Chapter 2.02.080    Quorum.

    A majority of the aldermanic members of the city council or the mayor and one-half of the aldermanic members of the city council shall constitute a quorum thereof, but no ordinance or measured for the expenditure of money shall be passed except upon the favorable vote of a majority of such aldermanic members as specified by statute. (Ord. 618 § 1, 1986: prior code § 2-1-8)

 

2.02.080

 

Chapter 2.02.090    Meetings--Rules.

    A.    Order of Business. The order of business at meetings of the city council shall be as follows:

    1.    Call to order;

    2.    Roll call;

    3.    Approval of minutes;

    4.    Communications and petitions;

    5.    Unfinished business;

    6.    Reports by officers;

    7.    Reports by standing committees;

    8.    Reports of special committees;

    9.    Claims and accounts;

    10.    New business;

    11.    Miscellaneous business;

    12.    Adjournment.

    B.    Duties of Presiding Officer. The presiding officer shall preserve order and decorum and may speak to points of order in preference to other members, and shall decide all questions of order, subject to appeal.

    In case of any disturbances or disorderly conduct, the presiding officer shall have the power to remove the offender(s) from the chambers, except that council members may not be expelled for disorderly conduct, except on the concurrence of two-thirds vote of the aldermen elected, in accordance with the provisions of subsection E of this section.

    C.    Duties of Members. Every member, previous to his speaking, making a motion or seconding the same shall not proceed with his remarks until recognized and named by the chair. He shall confine himself to the question under debate, avoiding personalities and refraining from impugning the motives of any other member’ s argument or vote.

    D.    Visitors. No person other than a member of the council shall address that body, except with the consent of the mayor or majority of members present.

    E.    Censure of Members--Expulsion of Members. Any member acting or appearing in a lewd or disgraceful manner, who uses opprobrious, obscene and insulting language to or against any member of the council, or who does not obey the order of the chair, or who otherwise engages in disorderly conduct, shall be on motion, censured by a majority vote of the members present, or expelled by a two-thirds vote of all aldermen elected.

    F.    Debate. No member shall speak longer than five minutes at any one time, except by consent of the council.

    G.    Call of Members to Order. A member, when called to order by the chair, shall thereupon discontinue speaking and take his seat and the order or ruling of the chair shall be binding and conclusive, subject only to the right to appeal.

    H.    Appeals from Decision of the Chair. Any member may appeal to the council from a ruling of the chair, and, if the appeal is seconded, the member making the appeal may briefly state his reason for the same, and the chair may briefly explain his ruling; but there shall be no debate on the appeal and no other person shall participate in the discussion. The chair shall then put the question, "Shall the decision of the chair be sustained?" If a majority of the members present vote "No," the decision of the chair shall be overruled; otherwise it shall be sustained.

    I.    Question of Personal Privilege. The right of a member to address the council on a question of personal privilege shall be limited to cases in which his integrity, character or motives are assailed, questioned or impugned.

    J.    Special Order of Business. Any matter before the city council may be set down as a special order of business at a time certain, if a majority of the members present vote in the affirmative.

    K.    Seconding of Motions Required; Written Motions. No motion shall be put or debated in the meeting, nor in committee unless it be seconded. When a motion is seconded, it shall be stated by the presiding officer before debate, and every motion in the council, except motions of procedure shall be reduced to writing, if required by a member, and the proposer of the motion shall be entitled to the floor.

    L.    Withdrawal of Motions. After a motion or resolution is stated by the presiding officer, it shall be deemed to be in possession of the council, but it may be withdrawn at any time before decision, by consent of the council.

    M.    Division of Questions. If any question under consideration contains several distinct propositions, the aldermen, by a majority vote of the members present may divide such question.

    N.    Record of Motions. In all cases where a resolution or motion is entered in the journal, the name of the member moving the same shall be entered also.

    O.    Taking and Entering the Votes--Explanations of Votes Not Permitted. The "yeas" and "nays" upon any question shall be taken and entered in the journal.

    When the clerk has commenced to call the roll of the council for the taking of a vote by yeas and nays, all debate on the question before the council shall be deemed concluded, and during the taking of the vote, no member shall be permitted to explain his vote, but shall respond to the calling of his name by the clerk, by answering "yea," or "nay," as the case may be.

    P.    Announcement and Changes of Vote. The result of all votes by yeas and nays shall be announced by the clerk.

    No vote shall be changed after the tally has been announced by the clerk.

    Q.    Precedence of Motions. When a question is under debate, the following motions shall be in order and shall have precedence over each other in order, as listed:

    1.    To adjourn to a day certain;

    2.    To adjourn;

    3.    To take a recess;

    4.    To lay on the table;

    5.    The previous question;

    6.    To refer;

    7.    To amend;

    8.    To defer or postpone to a time certain;

    9.    To defer or postpone (without reference to time);

    10.    To defer or postpone indefinitely.

    Numbers 2, 4 and 5 to be decided without debate.

    R.    Motions to Adjourn. A motion to adjourn the city council shall always be in order, except:

    1.    When a member is in possession of the floor;     2.    While the yeas and nays are being called;

    3.    When the members are voting;

    4.    When adjournment was the last preceding motion;

    5.    When it has been decided that the previous question shall be taken.

    A motion simply to adjourn shall not be subject to amendment or debate, but a motion to adjourn to a time certain shall be.

    The city council may, at any time, adjourn over one or more regular meetings, on a vote of a majority of all the aldermen present.

    S.    Previous Question. When the previous question is moved on the main question, and seconded, it shall be put on this form: "Shall the main question now be put?". If such motion be carried, all further amendments and all further motions and debate shall be excluded, and the question put without delay, upon the pending amendment in proper order, and then upon the main question.

    T.    Motions to Lay on the Table and to Take From the Table. A motion simply to lay the question on the table shall not be debatable, but a motion to lay on the table and publish, or with any other condition shall be subject to amendment and debate.

    A motion to take any motion or other proposition from the table may be proposed at the same meeting at which such motion or proposition was laid upon the table, provided two-thirds of the aldermen vote therefor.

    A motion to lay any particular motion or proposition on the table shall apply to that motion or proposition only. An amendment to the main question or other pending question may be laid on the table and neither the main question nor such other pending question shall be affected thereby.

    U.    Indefinite Postponement--Motion to Defer or Postpone Without Any Reference to Time. When consideration of a motion or other proposition is postponed indefinitely, it shall not be again taken up at the same meeting.

    A motion to postpone indefinitely shall not open the main question to debate.

    A motion to defer or postpone, without any reference to time, shall not be construed as a motion to postpone indefinitely, but shall be considered to be of the same general nature, and to possess the same general attributes so far as applicable under these rules, as a motion to postpone indefinitely or to a time certain.

    V.    Motion to Refer. A motion to refer to a standing committee shall take precedence over a similar motion to refer to a special committee.

    W.    Motion to Amend. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be entertained.

    An amendment modifying the intention of a motion shall be in order; but an amendment relating to a different subject shall not be in order.

    On an amendment to "Strike Out and Insert," the paragraph to be amended shall first be read as it stands, then the words proposed to be stricken out, then those to be inserted, and finally, the paragraph as it will stand if so amended shall be read.

    An amendment to the main question or other pending questions may be referred to a committee and neither the main question nor such other pending question shall be affected thereby.

    X.    Filling of Blanks. When a blank is to be filled, and different sums or times proposed, the question shall be taken first on the least sum or the longest time.

    Y.    Motion to Substitute. A substitute for any original proposition under debate or for any pending amendment or such proposition may be entertained notwithstanding that at such time further amendment is admissible; and if accepted by the aldermen by a vote, shall entirely supersede such original proposition or amendment as the case may be and cut off all amendments appertaining thereto.

    Z.    Reconsideration. A vote or question may be reconsidered at any time during the same meeting, or at the first regular meeting held thereafter. A motion for reconsideration, having been once made and decided in the negative, shall not be renewed, nor shall a motion to reconsider be reconsidered.

    A motion to reconsider must be made and seconded by members who voted on the prevailing side of the question to be reconsidered, unless otherwise provided by law; provided, however, that where a motion has received a majority vote in the affirmative, but is declared lost solely on the ground that a greater number of affirmative votes is required by statute for the passage or adoption of such motion, then in such case, a motion to reconsider may be made and seconded only by those who voted in the affirmative on such question to be reconsidered.

    AA. Adoption of Robert’ s "Rules of Order Revised." The rules of parliamentary practice comprised in the latest published edition of Robert’ s "Rules of Order Revised" shall govern the council in all cases to which they are applicable and in which they are not inconsistent with the rules of the council adopted by ordinance.

    BB. Temporary Suspension of Rules--Amendment of Rules. These rules may be temporarily suspended by a vote of two-thirds of all members entitled by law to be elected and shall not be repealed, altered or amended, unless by concurrence of two-thirds of all the members entitled by law to be elected. (Prior code § 2-2-1)

2.02.090

 

Chapter 2.02.100    Ordinances.

    A.    Committee. The city attorney shall be ex-officio chairman of the ordinance committee. It shall be the duty of the committee to prepare such ordinances as may be required by the city council.

 

    B.    Passage by Yeas and Nays--Record. The yeas and nays shall be taken upon the passage of all ordinances, and on all propositions to create any liability against the city, or for the expenditure or appropriation of its money and all other cases at the request of any member and entered on the journal of its proceeding and the concurrence of a majority of all the members elected in the city council shall be necessary for the passage of any such ordinance or proposition; provided it shall require three-fourths of the aldermen to sell any city property.

 

    C.    Approval and Veto. All ordinances passed by the city council shall, before they take effect, be deposited in the office of the city clerk, and if the mayor approves thereof, he shall sign the same, and such as he shall not approve, he shall return to the city council with his objections thereto, in writing, at the next regular meeting of the city council occurring no less than five days after the passage thereof. Such veto may extend to any one or more items or appropriations contained in any ordinance making an appropriation, or to the entire ordinance; and in case the vote only extends to a part of such ordinance, the residue thereof shall take effect and be in force. But, in case the mayor shall fail to return any ordinance with his objections thereto by the time aforesaid, he shall be deemed to have approved such ordinance, and the same shall take effect accordingly.

 

D.    Reconsideration--Passing Over Veto. Upon the return of any ordinance by the mayor, the vote by which the same has passed shall be reconsidered by the city council and if after such reconsideration, two-thirds of the aldermen holding office shall agree, by yeas and nays, to pass the same, it shall go into effect, notwithstanding the mayor may refuse to approve thereof. The vote to pass the same over the mayor’s veto shall be taken by yeas and nays and entered in the journal of minutes.

 

(Prior code § 2-3-1)

(Ordinance No. 2462, Amended, 05/01/2006, Amended Subsection D - Reconsideration - Passing Over Veto.)



 

Section 2.04

CITY OFFICERS

Chapters:

2.04.010    Elections.

2.04.020    Terms of office.

2.04.030    Municipal officers--Regulations.

2.04.040    Residence of officers.

2.04.050    Bonds of city officers.

2.04.060    City offices consolidated.

2.04.070    Salaries, reimbursement and compensation to be set by council.

2.04.080    Salaries of elected city officials.

2.04.090    Salaries of appointed city officers.

2.04.100    Vacation time.

2.04.110    Vacation pay.

2.04.120    Assignment of vacation.

2.04.130    Accumulation of vacation.

2.04.140    Unused vacation.

2.04.150    Required to work on vacation.

2.04.160    Holidays.

2.04.170    Attendance at meetings.

2.04.180    Fringe benefits for appointed city officers.

2.04.190    Illinois Municipal Retirement Fund (IMRF)--Membership eligibility.

2.04.200    Commencement of terms of elected City Officers.

Chapter 2.04.010    Elections.

    Elections for municipal offices shall be held as provided by statute, and at the time prescribed by statute. (Prior code § 2-4-3)

2.04.010

 

Chapter 2.04.020    Terms of office.

    The term of office of the city attorney, city auditor, city collector, city chief of police, city assistant chief of police, city director of community development and administration, city director of public works, city building inspector, city superintendent of maintenance, and executive secretary to the mayor shall be for the term of one year or until their successor has been appointed and qualified. The term of these offices shall commence annually on May 1st of each year (or as soon thereafter as the officer shall be appointed) and shall end on April 30th of the following year. (Ord. 906 § 1, 1991)

2.04.020

 

Chapter 2.04.030    Municipal officers--Regulations.

    A.    Offices Vacated by Removal. Any officer of the municipality who leaves the municipality with the intention of permanently residing outside the limits thereof shall be deemed to have vacated his office, other than municipal engineer, health officer or other officers requiring technical knowledge.

    B.    Leaves of Absence. Any appointed officer desiring to be temporarily absent from the municipality shall apply to the mayor for a leave of absence, which may, in the discretion of the mayor, be granted in writing for any time and when granted, shall be filed with the clerk.

    C.    Books Delivered to Successor. Every officer shall, upon going out of office, deliver to his successor, all books, papers, furniture and other things appertaining to such office and which are the property of the municipality.

    D.    Books Open to Inspection. Every officer shall, at all times when required, submit the books and papers of his office to the inspection of the mayor, or any committee or member of the council.

    E.    Report of Fees. All officers of the city entitled to receive fees shall keep a correct account thereof and make a report thereof to the city council on the first Monday of each month. In the report, they shall specify from whom such fees were received, for what service and when received. All fees received shall be paid over into the city treasury.

    F.    Other Rules and Regulations. Every officer of the city shall perform such other duties and be subject to such other rules and regulations as the council may provide by law.

    G.    Conservators of Peace. The mayor, aldermen, firemen and policemen are designated as conservators of the peace with power to make arrests and such other powers as are provided by law.

    H.    Delivery of Records. Within five days after notification and request, any person who has been an officer of a municipality is required to deliver to his successor in office all property, books and effects in his possession, belonging to the municipality, or pertaining to the office he has held. Upon his refusal to do so, he shall be liable for all damages caused thereby and shall, upon conviction, be penalized according to the provisions of Section 1.16.010.

    I.    Oath. Every officer of the city shall, before entering upon his duties, take the oath prescribed by statute. (Prior code § 2-4-4)

2.04.030

 

Chapter 2.04.040    Residence of officers.

    No person shall be eligible to hold any elective office who is not a qualified elector of the city and who shall not have resided therein for at least one year next preceding his election, nor shall any person be eligible who is a defaulter to the city, unless otherwise provided for in Section 2.04.030(A). (Prior code § 2-4-5)

2.04.040

 

Chapter 2.04.050    Bonds of city officers.

    A.    Mayor, City Clerk and Treasurer.

    1.    Amount. Bonds of city officers, required under the Illinois Revised Statutes, Chapter 24, Section 3-14-3 shall be executed in the following penal sums:

 

    Mayor    $ 3,000.00

    City clerk    3,000.00

    City treasurer    15,000.00

 

    2.    Premium Payment by City. The surety bonds required by law shall be paid by the city.

    3.    Surety. The city council shall not receive or approve any bond or security whereon the name of the city council, any one of the aldermen or any elected or appointed officers of the city appear as bondsman or security. If, by mistake, a bond containing the name of any such officer is approved by the city council, or if any bondsman, after becoming such is elected or appointed to any city office, this subsection shall not act as a release of any such obligation incurred.

 

    B.    Additional Officers. Surety bonds of the following city officers shall be executed and filed with the city clerk, (or provided for and covered in the blanket bond of the city), in the following penal sums:

 

    Office    Amount

    City attorney    $3,000

    City auditor    3,000

    City collector    3,000

    City chief of police    3,000

    City assistant chief of police    3,000

    City director of community

      development and administration    3,000

    City director of public works    3,000

    City superintendent of maintenance    3,000

    City building inspector    3,000

    Executive secretary to the mayor    3,000

 

Before the officers shall enter upon the duties of their respective offices. The cost of the premium for the surety bonds shall be paid by the city. (Ord. 906 § 2, 1991; prior code § 2-4-6)

2.04.050

 

Chapter 2.04.060    City offices consolidated.

    A.    The city council may, from time to time, by law, impose upon any officer, filling any office created by the ordinances of the city, any such other or further duties as shall be consistent with the laws of this state and may consolidate any two or more of the offices and impose the duties thereof upon any other officer, and may make any such regulations, respecting such offices as shall be consistent with the laws of this state.

    B.    In case the city council consolidates any offices created by it, the person performing the duties of the offices so consolidated shall not be entitled on account thereof to receive any salary or compensation which he would not have been entitled to receive if such consolidation had not taken place. (Prior code § 2-4-7)

2.04.060

 

Chapter 2.04.070    Salaries, reimbursement and compensation to be set by council.

    A.    The mayor shall receive an annual salary and such other expense reimbursement or compensation as shall be set by ordinance to be duly enacted by the city council, pursuant to 65 ILCS 5/3.1-50-10.

    B.    Aldermen. The aldermen shall receive an annual salary and such other expense reimbursement or compensation as shall be set by ordinance to be duly enacted by the city council, pursuant to 65 ILCS 5/3.1-50-10.

    C.    City Clerk. The city clerk shall receive an annual salary and such other expense reimbursement or compensation as shall be set by ordinance to be duly enacted by the city council, pursuant to 65 ILCS 5/3.1-50-10.

    D.    City Treasurer. The city treasurer shall receive an annual salary and such other expense reimbursement or compensation as shall be set by ordinance to be duly enacted by the city council, pursuant to 65 ILCS 5/3.1-50-10. (Amended during 1997 codification: prior code §§ 2-14.1--2-14.4)

2.04.070

 

Chapter 2.04.080    Salaries of elected city officials.

    Salaries or other compensation of elected city officials shall not be increased or diminished so as to take effect during the term of office for which they were elected and shall be fixed at least two months before the general municipal election in which voting is held for the office. Their salaries shall be set by an ordinance other than the city’s annual budget or appropriation ordinance. (Amended during 1997 codification: prior code §§ 2-4-9(A) and 2-14-5)

2.04.080

 

Chapter 2.04.090    Salaries of appointed city officers.

    The salaries, fees, or other compensation of any appointed city officer, not including those appointed to fill vacancies in elective city offices, may be increased but shall not be diminished so as to take effect during the term for which the officer was appointed. (Amended during 1997 codification: prior code §§ 2-4-9(B) and 2-14-6)

2.04.090

 

Chapter 2.04.100    Vacation time.

    All full-time appointed city officers, including but not limited to: (i) the city director of community development and administration; (ii) the director of public works; (iii) the superintendent of maintenance; (iv) the chief of police; (v) the assistant chief of police; and (vi) the executive secretary to the mayor, who have been employed by the city for at least one full year from the anniversary date of their initial appointment shall become eligible for paid vacation as indicated by the following table:

 

Term of Employment    Work Days Off

Having completed 1 year    10 days    

Having completed 5 years    15 days    

Having completed 10 years    20 days    

Having completed 20 years    25 days    

 

(Ord. 935 § 1, 1991)

2.04.100

 

Chapter 2.04.110    Vacation pay.

    Appointed officers assigned vacation will be paid their normal salary and benefits while they are off from work on vacation. Same shall be paid on their regular pay day. (Ord. 935 § 2, 1991)

2.04.110

 

Chapter 2.04.120    Assignment of vacation.

    Annual vacation assignments of full-time appointed officers of the city shall be as approved and authorized by the city council. So far as practicable, such vacation assignments will be granted at times most desired by the officers so long as such time off does not unreasonably interfere with the efficient operation of the city or the officer’s department. Such officers shall be allowed to take vacation a week or weeks or a day or days at a time, as approved by the city council. (Ord. 935 § 3, 1991)

2.04.120

 

Chapter 2.04.130    Accumulation of vacation.

    Full-time appointed city officers shall be entitled to take their vacation as it is earned and shall not be permitted to accumulate unused vacation beyond the calendar year following the calendar year in which it is earned; except that, failure to take and receive vacation time due to the failure of the city council to approve the assignment of the same based upon the needs of the city for the officer’s services shall entitle the officer to accumulate a like number of days of vacation to be taken the succeeding calendar year or as soon thereafter as practicable. For example, during the first calendar year of the officer’ s employment, after the first six months of employment with the city the officer shall be entitled to five days’ vacation, which he can take during the first calendar year of his employment and which he must take not later than the second calendar year of employment unless denied the vacation time because of the needs of the city for the officer’s services; in which event, the officer shall take the vacation the succeeding calendar year or as soon thereafter as practicable. (Ord. 935 § 4, 1991)

2.04.130

 

Chapter 2.04.140    Unused vacation.

    Unused vacation for the final year of employment of a full-time appointed city officer and accumulated vacation for such officer shall be paid to said officer at the salary rate applicable to the officer for the vacation time involved, at the time he or she retires or is terminated, or shall be paid to the officer’s estate or duly authorized legal representative in the event of his or her death. (Ord. 935 § 5, 1991)

2.04.140

 

Chapter 2.04.150    Required to work on vacation.

    Full-time appointed city officers who are required to report for work while on vacation will receive double their regular salary rate of pay or compensatory time off equal to double the hours worked for all hours worked during their vacation, whichever the officer elects. (Ord. 935 § 6, 1991)

2.04.150

 

Chapter 2.04.160    Holidays.

    In the event a holiday falls during the vacation of a full-time appointed city officer, the officer shall receive an additional day off to compensate for the holiday. (Ord. 935 § 7, 1991)

2.04.160

 

Chapter 2.04.170    Attendance at meetings.

    Full-time appointed city officers shall be required to attend various city council meetings and meetings of committees of the city council which are held and conducted outside of normal working hours, as determined by the mayor and/or the city council, without receipt of compensation therefore in addition to their normal salary as set by ordinance. Attendance at such meetings is hereby found and declared to be an integral part of the duties of such officers. (Ord. 935 § 8, 1991)

2.04.170

 

Chapter 2.04.180    Fringe benefits for appointed city officers.

    All full-time appointed city officers (including but not limited to the director of community development and administration the director of public works, the superintendent of maintenance, the chief of police, the assistant chief of police and the executive secretary to the mayor), shall receive the fringe benefits provided by Chapter 2.68, except as provided in this section.

    Until the further order of the city council, all fringe benefits of city employees who are appointed to serve full-time city office shall continue in full force and effect while they serve in appointed city office the same as if they had continued to be employees of the city. In the event of the termination of their service in appointed city office, if they return to service as an employee of the city, they shall have all of the seniority and privileges of service for purposes of vesting and administration of the fringe benefits as if they had had no break-in-service as an employee of the city while they were serving in appointed city office.

    Notwithstanding anything in this section to the contrary, with regard to vacation leave and vacation pay benefits of full-time appointed city officers, until the further order of the city council, any person holding appointed city offices after the date hereof shall receive the vacation pay and/or leave benefits provided in city Ordinance No. 935 enacted August 5, 1991 or the benefits to which they would be entitled under the personnel code of the city had they continued to be employed as an employee of the city, whichever is more.

    Any city employee who accepts appointment to a full-time city office shall have a right to be reinstated to their former position as an employee of the city upon the termination of their service as an appointed city officer. (Ord. 1008 §§ 1--4, 1992)

2.04.180

 

Chapter 2.04.190    Illinois Municipal Retirement Fund (IMRF)--Membership eligibility.

    The following elected positions qualify for membership in IMRF:

 

Title of Elected Beginning Date Position Position Qualified         

Mayor January 1, 1974

City aldermen  January 1, 1974

City clerk/collector  January 1, 1974

Treasurer  January 1, 1974

(Ord. 1021 § 1, 1992)

 

Chapter 2.04.200    Commencement of terms of elected City Officers.

    The terms of elected City Officers to be elected at the April 7, 2009 Municipal Election shall commence and those elected City Officers shall be inaugurated at the second regular meeting of the City Council on May 18, 2009. Thereafter, the terms of elected City Officers shall commence and those elected City Officers shall be inaugurated at the first regular meeting of the City Council after the receipt of the official election results from the County Clerk, except as may hereafter be otherwise required by the Illinois Municipal Code. 65 ILCS 5/3.1-10-15.

(Ordinance No. 2698, Added, 12/15/2008, Added New Section 2.04.200 Commencement of Terms of Elected City Officers.)



 

Section 2.06

MAYOR

Chapters:

2.06.010    Election.

2.06.020    Vacancy.

2.06.030    Duties.

2.06.040    Appointment of officers.

2.06.050    Removal of appointees.

2.06.060    Designation of officers’  duties.

2.06.070    Mayor pro-tem.

2.06.080    Formal occasions.

2.06.090    General duties.

2.06.100    Liquor commissioner.

2.06.110    Health commissioner.

2.06.120    Examination of records.

2.06.130    Deciding vote--Mayor.

Chapter 2.06.010    Election.

    The mayor shall be elected for a four-year term and shall serve until his successor is elected and has qualified. (Prior code § 2-5-1)

2.06.010

 

Chapter 2.06.020    Vacancy.

    A.    When a vacancy occurs in the office of a mayor while there remains an unexpired portion of the mayor’s term of at least twenty-eight (28) months, and the vacancy occurs at least one hundred thirty (130) days before the next scheduled general municipal election, the vacancy shall be filled for the remainder of the term at that general municipal election. Whenever an election is held for this purpose, the city clerk shall certify the office to be filled and the candidates for the office to the proper election authorities as provided in the general election law. The city council shall elect one of their own members to serve as acting mayor in the interim preceding the next general municipal election and the acting mayor shall perform the duties and possess all the rights and powers of the mayor until a successor to fill the vacancy has been elected and has qualified. (65 ILCS 5/311-10-50).

    B.    When a vacancy occurs in the office of a mayor while there remains an unexpired term of less than twenty-eight (28) months or the vacancy occurs less than one hundred thirty (130) days before the next scheduled general municipal election, the vacancy shall be filled by the city council electing one of their own members acting mayor. The acting mayor shall complete the remainder of the mayor’s term and shall perform the duties and possess all the rights and powers of the mayor until a successor is elected and has qualified.

    C.    When an alderman is designated by the city council as acting mayor to fill a vacancy occurring in the office of mayor, the alderman appointed will continue to vote in the capacity as alderman and shall not be entitled to another vote as acting mayor. (65 ILCS 5/311-40-30). (Amended during 1997 codification; prior code § 2-5-2)

2.06.020

 

Chapter 2.06.030    Duties.

    The mayor shall be the chief executive officer of the city, shall preside over the meetings of the council and shall perform such duties as may be required of him by statute or law. He shall have supervision over all of the executive officers and employees of the city, and shall have the power and authority to inspect all books and records pertaining to city affairs and kept by any officer or employee of the city at any reasonable time. (Prior code § 2-5-3)

2.06.030

 

Chapter 2.06.040    Appointment of officers.

    At the first annual meeting in May, the mayor shall appoint, by and with the advice and consent of the city council, all officers of the city whose election or appointment is not otherwise provided for, and shall hold their respective offices for the ensuing month or year, and until their respective successors are appointed and qualified. Any vacancy occurring in an appointive office shall be filled in the same manner. The mayor shall issue a commission or certificate of appointment to all persons appointed to office in the municipality. (Prior code § 2-5-4)

2.06.040

 

Chapter 2.06.050    Removal of appointees.

    The mayor may remove any officer appointed by him under this code on any formal charge whenever he is of the opinion that the interests of the city demand removal in accordance with the Illinois Revised Statutes. (Prior code § 2-5-5)

2.06.050

 

Chapter 2.06.060    Designation of officers’ duties.

    Whenever there is a dispute as to the respective duties or powers of any appointed officer of the city, this dispute shall be settled by the mayor after consultation with the city attorney; and the mayor shall have the power to delegate to any appointive officer any duty which is to be performed when no specific officer has been directed to perform that duty. (Prior code § 2-5-6)

2.06.060

 

Chapter 2.06.070    Mayor pro-tem.

    During a temporary absence or disability of the mayor which incapacitates him from the performance of his duties, but does not create a vacancy in the office, the aldermen shall appoint one of its members to act as mayor pro-tem. The mayor pro-tem, during this absence or disability, shall perform his duties and possess all the rights and powers of the mayor. (Prior code § 2-5-7)

2.06.070

 

Chapter 2.06.080    Formal occasions.

    The mayor shall act for and on behalf of the city on formal occasions and receptions, but in his absence or inability to attend any such function, the mayor may select any other city officer to so act. (Prior code § 2-5-8)

2.06.080

 

Chapter 2.06.090    General duties.

    The mayor shall perform all the duties which are prescribed by law, and shall take care that the laws and ordinances are faithfully executed. (Prior code § 2-5-9)

2.06.090

 

Chapter 2.06.100    Liquor commissioner.

    The mayor is designated as liquor commissioner with all the powers to license and/or revoke any city liquor license according to state and city laws. He may appoint a person to assist him in exercising the powers and duties required of the liquor commissioner. (Prior code § 2-5-11)

2.06.100

 

Chapter 2.06.110    Health commissioner.

    The mayor is declared to be health commissioner with all powers to abate and remove all nuisances or health hazards within the jurisdictional boundaries of the city authority as prescribed by law. (Prior code § 2-5-12)

2.06.110

 

Chapter 2.06.120    Examination of records.

    The mayor, at all times, may examine and inspect the books, records and papers of any agent, employee or officer of the city. (Prior code § 2-5-13)

2.06.120

 

Chapter 2.06.130    Deciding vote--Mayor.

    The mayor shall preside at all meetings of the city council. He shall not vote on any ordinance, resolution or motion, except: (1) where the vote of the aldermen has resulted in a tie; or (2) where one-half of the aldermen elected have voted in favor of an ordinance, resolution or motion, even though there is no tie; or (3) where a vote greater than a majority of the corporate authorities is required by the Illinois Revised Statutes to adopt an ordinance, resolution or motion. In each instance specified, the mayor shall vote. Nothing in this section shall deprive an acting mayor or mayor pro-tem from voting in his capacity as alderman, but he shall not be entitled to another vote in his capacity as acting mayor or mayor pro-tem. (Prior code § 2-5-14)



 

Section 2.08

EXECUTIVE SECRETARY TO THE MAYOR

Chapters:

2.08.010    Appointment.

2.08.020    Job duties.

2.08.030    Removal.

2.08.040    Discontinuance of office.

2.08.050    Salary.

Chapter 2.08.010    Appointment.

    At the first annual meeting in May of each year, the mayor shall appoint, by and with the advice and consent of the city council, an executive secretary to the mayor, to hold office for the ensuing fiscal year of the city, and until his or her successor is appointed and qualified. Any vacancy in the office of executive secretary to the mayor shall be filled in the same manner. The mayor shall issue a commission or certificate of appointment to all persons appointed to the office of executive secretary to the mayor, as soon as practicable after the first annual meeting of the city council in May of each year, evidencing the appointment. (Ord. 752 § 1 (part), 1989: prior code § 2-5-15 1(A))

2.08.010

 

Chapter 2.08.020    Job duties.

    The office of executive secretary to the mayor shall be clerical in nature and shall involve such duties as are, from time to time, assigned to the person holding this office by the mayor; except that, the person holding the office of executive secretary to the mayor shall not participate in nor make policy decisions concerning the government of the city and shall not perform duties delegated by statute or ordinance to the mayor or other elected or appointed municipal officers of the city. (Ord. 752 § 1 (part), 1989: prior code § 2-5-15 1(B))

2.08.020

 

Chapter 2.08.030    Removal.

    Any person appointed to the office of executive secretary to the mayor shall serve at the pleasure of the mayor and may be removed or replaced with or without cause at the discretion of the mayor, on two weeks prior written notice from the mayor. (Ord. 752 § 1 (part), 1989: prior code § 2-5-15 1(C))

2.08.030

 

Chapter 2.08.040    Discontinuance of office.

    By ordinance or resolution, to take effect at the end of the then current fiscal year of the city, the city council, by two-thirds vote of all elected aldermen then holding office, may discontinue the office of executive secretary to the mayor. In the event of the discontinuance of said office, as aforesaid, the city council, with the advise and consent of the mayor, may devolve the duties of that office on any other city officer. After such discontinuance, no officer filling the office so discontinued shall have any claim against the city for salary alleged to accrue after the date of the discontinuance. (Ord. 752 § 1 (part), 1989: prior code § 2-5-15 1(D))

2.08.040

 

Chapter 2.08.050    Salary.

    The executive secretary to the mayor shall receive such salary as the city council shall, from time to time, provide by resolution or ordinance. (Ord. 752 § 1 (part), 1989: prior code § 2-5-15 1(E))



 

Section 2.10

CITY CLERK

Chapters:

2.10.010    Elected.

2.10.020    Vacancy.

2.10.030    Council minutes--Records.

2.10.040    Papers.

2.10.050    Commission, license and permit preparation.

2.10.060    Report of license.

2.10.070    License plates.

2.10.080    Reports.

2.10.090    Successor to receive books, records and other effects.

2.10.100    Collector.

2.10.110    Money collected.

2.10.120    Other duties.

2.10.130    Utilities.

2.10.140    Deputy clerk.

2.10.150    Employees.

Chapter 2.10.010    Elected.

    The clerk shall be elected at the same election as the mayor for a four-year term and shall serve until his successor is elected and has qualified. (Prior code § 2-6-1)

2.10.010

 

Chapter 2.10.020    Vacancy.

    In case the office of city clerk shall become vacant for any reason, the mayor and city council shall appoint a successor as provided by statute. (Prior code § 2-6-2)

2.10.020

 

Chapter 2.10.030    Council minutes--Records.

    The city clerk shall attend all meetings of the city council, and shall keep in a suitable book to be styled "Journal of the City Council," a full and faithful record of its proceedings. The city clerk shall record and properly index in a book kept for that purpose, all ordinances passed by the city council, and at the foot of the record of each ordinance so recorded, he shall make a memorandum of the date of the passage and when published, of the publication of such ordinance. He shall also record in proper books for the purpose, all official bonds, and note upon each bond so recorded when the same was entered of record and the book and pages where recorded. (Prior code § 2-6-3)

2.10.030

 

Chapter 2.10.040    Papers.

    The clerk shall deliver to the several committees of the city council and to the officers of this city, all petitions, communications, reports and resolutions, orders, claims and other papers referred to those committees or officers by the council, on demand therefore. He shall also, without delay, deliver to the mayor, all ordinances or resolutions, orders, claims in his charge which may require to be approved or otherwise acted upon by the mayor. (Prior code § 2-6-4)

2.10.040

 

Chapter 2.10.050    Commission, license and permit preparation.

    The clerk shall prepare all commissions, licenses, permits and other official documents required to be issued by him under this code and shall attest the same with the corporate seal, and he shall in like manner, attest all deeds for the sale of real estate owned and conveyed by this city. (Prior code § 2-6-5)

2.10.050

 

Chapter 2.10.060    Report of license.

    The clerk shall report to the city council at its regular meetings each month, and oftener if the council so requires the data contained in his license register with respect to licenses issued during the previous month. (Prior code § 2-6-6)

2.10.060

 

Chapter 2.10.070    License plates.

    In all cases where the city requires a license to be obtained for the purpose of engaging in or carrying on any business or occupation, and the licensee is required to obtain from the clerk, plates, tags or stickers, it shall be the duty of the clerk to deliver such plates, tags or stickers free to the person paying the license fee. (Prior code § 2-6-7)

2.10.070

 

Chapter 2.10.080    Reports.

    He shall, on or before the first meeting in each month, make out and submit to the city council a statement or report in writing of all the moneys received and warrants drawn by him during the preceding month, showing therein from or what sources and on what account moneys were received, and for what purpose and on what account the warrants were drawn or paid. (Prior code § 2-6-8)

2.10.080

 

Chapter 2.10.090    Successor to receive books, records and other effects.

    The city clerk shall carefully preserve in his office, all books, records, papers, maps and effects of every detail and description belonging to the city, or pertaining to his office, and not in actual use and possession of other city officers, and upon the expiration of his official term, he shall deliver all such books, records, papers and effects to his successor in office. (Prior code § 2-6-9)

2.10.090

 

Chapter 2.10.100    Collector.

    The clerk shall act as and perform all duties of collector, unless and until a separate collector is appointed. (Prior code § 2-6-10)

2.10.100

 

Chapter 2.10.110    Money collected.

    The clerk shall turn over all money received by him on behalf of the city to the city treasurer promptly upon receipt of the same; and with such money, he shall give a statement as to the source thereof. (Prior code § 2-6-11)

2.10.110

 

Chapter 2.10.120    Other duties.

    In addition to the foregoing duties, the clerk shall perform all such other duties pertaining to his office as are or may be imposed upon him by law or resolution or ordinance of the city council. (Prior code § 2-6-13)

2.10.120

 

Chapter 2.10.130    Utilities.

    The clerk shall prepare monthly utility bills, send out statements and receive collections for the same, and perform any similar functions necessary for the proper execution of said office; including monthly delinquent utility lists and an annual report. (Prior code § 2-6-14)

2.10.130

 

Chapter 2.10.140    Deputy clerk.

    The city clerk, when authorized by the city council, may appoint the deputy clerk, who shall have the power and duty to execute all documents required by any law to be executed by the clerk and affix the seal of the city thereto whenever required. In signing any documents, the deputy clerk shall sign the name of the city clerk, followed with the word "by" and the deputy clerk’ s name and the words "deputy clerk."

    The powers and duties herein described shall be executed by such deputy clerk only in the absence of the city clerk from the city clerk’s office in the City Hall, and only when either written direction has been given by the city clerk to such deputy to exercise such power, or the city council has determined by resolution that the city clerk is temporarily or permanently incapacitated to perform such functions. (Prior code § 2-6-15)

2.10.140

 

Chapter 2.10.150    Employees.

    The city clerk shall appoint, with the advice and consent of the city council, all employees in the clerk’s office. (Prior code § 2-6-16)



 

Section 2.12

DEPUTY CITY CLERK

Chapters:

2.12.010    Appointment--Duties.

2.12.020    Signature authority.

Chapter 2.12.010    Appointment--Duties.

    The city clerk is authorized to appoint one deputy city clerk. The deputy city clerk shall perform the functions of the city clerk in the absence of the city clerk from the office of the clerk and only when either written direction has been given by the city clerk to such deputy to exercise such power, or the corporate authorities of the city have determined by resolution that the city clerk is temporarily or permanently incapacitated to perform the functions of the city clerk’s office, as provided in Section 5/3.1-35-95 of the Illinois Municipal Code of 1961, as amended (56 ILCS 5/3.1-35-95) and Section 2.10.140 of this code. (Amended during 1997 codification: Ord. 948 §§ 1, 2, 1991)

2.12.010

 

Chapter 2.12.020    Signature authority.

    In signing any documents, a duly authorized and appointed deputy city clerk shall sign the name of the clerk followed with the word "by" and the deputy clerk’s own name and the words "deputy clerk."

    When duly appointed and authorized as herein provided, the signature affixed by any such deputy clerk in the manner herein prescribed on any city document, including, but not limited to, contracts, bonds or other obligations of the city, such documents shall have the same effect as if the document so executed had been signed by the city clerk in person.

    The signature affixed to any city document by a deputy city clerk heretofore appointed by the city clerk in acting pursuant to written direction of the city clerk or resolution of the corporate authorities of the city determining the city clerk is incapacitated to perform the clerk’s functions are hereby ratified, affirmed and authorized by the city council and the same shall be valid and shall have the same force and effect as if the document was executed by the city clerk in person. (Amended during 1997 codification: Ord. 948 §§ 3--5, 1991)



 

Section 2.14

CITY TREASURER

Chapters:

2.14.010    Elected.

2.14.020    Money--Warrants--Accounts.

2.14.030    Warrant register.

2.14.040    Funds.

2.14.050    Deposit of funds.

2.14.060    Bookkeeping.

2.14.070    Statements.

2.14.080    Year-end report.

Chapter 2.14.010    Elected.

    The treasurer shall be elected at the same election as the mayor, for a four-year term and shall serve until his successor is elected and has qualified. In case the office of the city treasurer shall become vacant for any reason, the mayor shall appoint a successor with the advice and consent of the city council. (Prior code § 2-7-1)

2.14.010

 

Chapter 2.14.020    Money--Warrants--Accounts.

    The city treasurer shall receive all moneys belonging to this city, and shall pay all warrants signed by the mayor and countersigned by the city clerk and not otherwise and shall keep a separate account of each fund or appropriation, and the debits and credits belonging thereto. He shall give to every person paying money into the city treasury a receipt therefor, specifying the date of payment, and upon what account paid, and he shall file copies of such receipts with the clerk with his monthly reports. (Prior code § 2-7-2)

2.14.020

 

Chapter 2.14.030    Warrant register.

    The treasurer shall keep a register of all warrants redeemed and paid by him, showing the number, date, and amount of each, the fund from which paid and the name of the person to whom and when paid, and he shall cancel all warrants as soon as redeemed by him. (Prior code § 2-7-3)

2.14.030

 

Chapter 2.14.040    Funds.

    The treasurer shall keep all moneys in his hands belonging to this city separate and distinct from his own money, and he shall not use either directly or indirectly the city moneys or warrants in his custody and keeping for his own use and benefit, or that of any other person. Any violation of this section shall subject him to removal from office by the city council. (Prior code § 2-7-4)

2.14.040

 

Chapter 2.14.050    Deposit of funds.

    He shall deposit the city funds in such depositories as directed by the city council, by ordinance, and he shall keep the city money separate and distinct from his own and shall not intermingle his own money with it or make private or personal use of the city funds. (Prior code § 2-7-8)

2.14.050

 

Chapter 2.14.060    Bookkeeping.

    The treasurer shall keep his books and accounts in such a manner as to show with accuracy all moneys received and disbursed by him for the city, stating from whom and on what account received, and to whom and on what account paid out, and in such a way that the books and accounts may be readily investigated and understood, and the books and accounts and all files and papers of his office shall be at all times open to examination by the mayor or the city council. (Prior code § 2-7-9)

2.14.060

 

Chapter 2.14.070    Statements.

    The treasurer shall report to the corporate authorities at the first monthly meeting a full and detailed account of all receipts and expenditures of the municipality, as shown by his books up to the time of the report. (Ord. 596 § 1, 1985: Ord. 450 § 1, 1979: prior code § 2-7-10)

2.14.070

 

Chapter 2.14.080    Year-end report.

    He shall annually, at the close of the fiscal year, make out and file with the city clerk, a full and detailed report of all the receipts and expenditures of the corporation, as shown by his books and of his transactions as such treasurer, during the preceding fiscal year, and he shall, in such report, show the state of the city treasury at the close of said year, which report the city clerk shall publish as required by law. (Prior code § 2-7-11)



 

Section 2.16

CITY COLLECTOR

Chapters:

2.16.010    Discontinuance of office-- Transfer of duties.

2.16.020    Duties.

Chapter 2.16.010    Discontinuance of office-- Transfer of duties.

    Effective the end of the current fiscal year of the city at twelve a.m., April 30, 1997, the office of collector is discontinued and terminated.

    Effective the end of the current fiscal year of the city at twelve a.m., April 30, 1997, the duties of the collector’ s office are devolved on the city clerk. (Ord. 1502 §§ 1, 2, 1996)

2.16.010

 

Chapter 2.16.020    Duties.

    A.    Keeping of Records. In accordance with 65 ILCS 5/3-11-25, the city clerk shall preserve all warrants returned to him and shall keep his books and accounts in the manner prescribed by the city council. All of the city clerk’ s warrants, books and vouchers, and all papers pertaining to his office, may be examined at any time by the mayor or any member or committee of the city council.

    B.    Collection and Remittance of Funds. In accordance with 65 ILCS 5/3-11-25, the city clerk shall pay over to the city treasurer weekly (or more often if required by the city council) all money collected by him from any source whatsoever, taking the city treasurer’s receipt therefore.

    C.    Monthly Reports. In accordance with 65 ILCS 5/3-11-26, monthly the city clerk shall make a written report to the city council of all money collected by him, the account whereon collected, or any other official matters the city council shall require.

    D.    Annual Report. In accordance with 65 ILCS 5/3-11-26, between the first and the tenth of April of each year, the city clerk shall file with the city council a statement of:

    1.    All the money collected by him during the year;

    2.    The particular warrant, special assessment or account on which collected;

    3.    The balance of money uncollected on all warrants in his possession; and

    4.    The balance remaining uncollected at the time of the return on all warrants during the preceding fiscal year.

    The city clerk shall publish the statement regarding the same in a newspaper published in the city as required by the statute aforesaid.

    E.    Prompt Remittance of Funds. In accordance with 65 ILCS 5/3-11-27, the city clerk is prohibited from keeping the city’ s money in his possession, or in the possession of any other person for his use, beyond the time prescribed for payment to the city treasurer. Any violation of this provision shall subject the city clerk to removal from office pursuant to 65 ILCS 3.1-55-15.

    F.    Special Assessments. In accordance with 65 ILCS 5/9-2-79 and 65 ILCS 5/9-2-85, the city clerk shall publish special assessment notices and make returns of delinquent special assessments, where applicable, as required by the aforementioned statutes.

    In addition to the statutory duties described above, the city clerk shall be responsible for issuing city vehicle licenses, vending machine licenses, business licenses, liquor licenses authorized by the mayor (as the local liquor control commissioner), and shall receive fees due to the city for such licenses and permits as well as fees and charges due for any other city service for which payment of filing fees or other city charges are required (including but not limited to: payment for water and sewer services, filing fees for applications for zoning bulk area variances, zoning special use permits and annexations and publications of notices required for hearings on applications filed). The city clerk shall be custodian of the city files and records relating to his office, which shall be maintained in an orderly fashion and available for inspection during business hours. (Ord. 1502 § 3, 1996)



 

Section 2.17

CITY ADMINISTRATOR

Chapters:

2.17.010    Creation of office.

2.17.020    Qualifications.

2.17.030    Suspension or removal.

2.17.040    General duties.

2.17.050    Bond.

2.17.060    Administrative services.

2.17.070    Acting administrator.

2.17.080    Authority of elected officers undiminished.

2.17.090    Salary.

2.17.100    Benefits.

Chapter 2.17.010    Creation of office.

        There is hereby created the appointed city office of City Administrator.  The City Administrator shall be appointed by the Mayor with the advice and consent of the City Council.  (65 ILCS 5/3.1-30-5). The City Administrator may be removed by the Mayor, subject to reinstatement by two-thirds (2/3) vote of the City Council in accordance with Section 3.1-35-10 of the Illinois Municipal Code (65 ILCS 5/3.1-35-10).

(2.17.010 (Ord. 2245), Added, 03/15/2004)

 

Chapter 2.17.020    Qualifications.

        The City Administrator shall be appointed on the basis of education and professional ability.  The appointment shall be made without regard to political considerations, race, religion, age or sex.  The successful candidate need not be a resident of the city at the time of appointment, but shall become a resident within six (6) months of assuming office, unless said residence requirement is altered or waived by the Mayor and Aldermen.

(2.17.020 (Ord. 2245), Added, 03/15/2004)

 

Chapter 2.17.030    Suspension or removal.

        The City Administrator may be suspended from office by resolution approved by the majority of the members of the City Council holding office, which resolution shall set forth the reasons for the suspension and proposed removal. A copy of such resolution shall be served immediately upon the City Administrator. The City Administrator shall have fifteen (15) days in which to reply to the resolution in writing and, upon request, shall be afforded a public hearing before the City Council, which shall occur not earlier than ten (10) days nor later than fifteen (15) days after such hearing is requested.  After the public hearing, if a public hearing is requested, and after full consideration, the Mayor may remove the City Administrator from office in accordance with the procedure established by the Illinois Municipal Code. (65 ILCS 5/3.1-35-10), and subject to override of the Mayor's decision for removal of the City Administrator from office by two-thirds (2/3) vote of the City Council as is made and provided for in Section 3.1-35-10 of the Illinois Municipal Code).  (65 ILCS 5/3-1-35-10).  The City Administrator shall continue to receive full salary until the date of his removal from office, in the event he is removed from office pursuant hereto.

(2.17.030 (Ord. 2245), Added, 03/15/2004)

 

Chapter 2.17.040    General duties.

        In discharging the responsibilities of City Administrator, the City Administrator shall:

 

        (A)    Coordinate and supervise the activities of all the various departments, commissions and boards of the City.    

 

        (B)    Direct the day to day activities of each department through the appropriate department head.

 

        (C)    Assist the Mayor and Committee Chairmen with the preparation of the agenda for meetings of the City Council and Committees.

 

        (D)    Keep the Mayor and Aldermen informed of the activities of the various departments.

 

        (E)    Keep the Mayor and Aldermen informed of the fiscal condition of each of the city funds.

 

        (F)    Act as purchasing agent for the City within limitations and under conditions as established from time to time by the City Council.

 

        (G)    Assume the duties of Budget Officer of the City as defined in Section 8-2-9.1 of the Illinois Municipal Code (65 ILCS 5/8-2-9.1).  There shall be no additional remuneration for acting as Budget Officer of the City.

 

        (H)    Appoint (and to the extent allowed by the City's Personnel Code) and when necessary, suspend or remove all department heads, with the advice and consent of the City Council. All appointments shall be based solely upon merit and fitness for the job, and all suspensions and dismissals shall be for cause, without regard to race, sex, religious conviction, or political belief or affiliation.

 

        (I)    Attend and participate in all meetings of the City Council, Plan Commission, Zoning Board of Appeals, Street Graphics Committee, Heritage and Preservation Commission and Library Board, unless excused from attending by the Mayor or City Council.  Participation does not include the right to vote.

 

        (J)    Effectively and efficiently administer the policies adopted by the Mayor and City Council.

 

        (K)    Recommend various courses of action to the Mayor and Aldermen, along with possible alternatives.

 

        (L)    Promote good relations with other governmental agencies and the public.

 

        (M)    Enforce or oversee the enforcement of the Municipal Code of Ordinances of the City of Columbia.

 

        (N)    Perform such other tasks which may be required of him or her from time to time by the Mayor and City Council.

 

        (O)    Oversee the ordinary course of business all purchases of materials and supplies necessary for the City as provided for in the annual budget ordinance; provided, that on purchases of more than $3,000, (except as provided in the next subparagraph (P) hereof) shall first procure the approval of the City Council before making such purchases.  In such cases, the City Administrator shall comply with the statutory provisions requiring the solicitation of bids.

 

        (P)    Emergency purchases exception.  Whenever, in the judgment of the City Administrator, exigency shall require the making of any purchases for a price in excess of $3,000 but less than $20,000, prior to the next regular meeting of the City Council, the City Administrator, with the written approval of the Mayor, may make such purchase without waiting for formal approval of the specific purchase by the City Council provided that such purchase shall not violate any relevant statutory requirement as to solicitation of bids.

 

        (Q)    Recommend to the City Council a classification pay and benefit plan.  Recommend other courses of action and possible alternatives.

 

        (R)    Promulgate administrative rules and regulations as long as they are not in conflict with other local or state laws.

 

        

(2.17.040 (Ord. 2245), Added, 03/15/2004)

 

Chapter 2.17.050    Bond.

        The City Administrator shall furnish a surety bond in the amount of $10,000 to be approved by the City Council, as required by Section 3.1-10-30 of the Illinois Municipal Code (65 ILCS 5/3.1-10-30).  The bond shall be conditioned on the faithful performance of the duties of the office.  The premium for the bond shall be paid by the City.

(2.17.050 (Ord. 2245), Added, 03/15/2004)

 

Chapter 2.17.060    Administrative services.

        Except as otherwise provided by state law or city ordinance, elected and appointed city officers shall deal with the administrative services of the City through the City Administrator and shall not give orders to subordinates of the City Administrator, either publicly or privately.

(2.17.060 (Ord. 2245), Added, 03/15/2004)

 

Chapter 2.17.070    Acting administrator.

        If, because of a temporary absence, disability or illness, the City Administrator is unable to carry out the functions of this office, the Mayor, subject to the advice and consent of the City Council, may appoint a member of the City's Senior Administrative Staff or a consultant to serve as acting administrator and carry out the duties of the City Administrator during the City Administrator's absence.

(2.17.070 (Ord. 2245), Added, 03/15/2004)

 

Chapter 2.17.080    Authority of elected officers undiminished.

        Nothing in this ordinance shall be deemed to diminish or detract from the statutory powers and authority of the City's elected officials.

(2.17.080 (Ord. 2245), Added, 03/15/2004)

 

Chapter 2.17.090    Salary.

        The salary of the City Administrator shall be determined by ordinance, by the Mayor and Aldermen on an annual basis.

(2.17.090 (Ord. 2245), Added, 03/15/2004)

 

Chapter 2.17.100    Benefits.

            The benefits to be provided to the City Administrator, in addition to the salary to be paid to the City Administrator, shall be determined by the City Council by enactment of an ordinance and/or making and entering into a service agreement for the employment of the person appointed to serve as City Administrator.

(2.17.100 (Ord. 2270), Added, 06/07/2004)



 

Section 2.18

CITY AUDITOR

Chapters:

2.18.010    Creation of office.

2.18.020    General duties.

2.18.030    Statements.

2.18.040    Audit.

2.18.050    Financial advice.

2.18.060    Qualifications.

2.18.070    Salary.

Chapter 2.18.010    Creation of office.

    There is created the city office of city auditor who shall be appointed by the mayor by and with the advice and consent of the city council. (Ord. 1006 § 2 (part), 1992; Ord. 753 § 1 (part), 1989: prior code § 2-15-1(A))

2.18.010

 

Chapter 2.18.020    General duties.

    It shall be the duty of the city auditor to work with and assist the city treasurer, the mayor and the city council in preparing and enacting: (i) budgets and budget ordinances of the city; (ii) the annual city appropriation ordinance; and (iii) the annual city tax levy ordinance. The city auditor shall work with and assist the city treasurer in the keeping of books and accounts regarding the receipts and disbursements of city funds, (pursuant to Section 2.14.060 of this code) and the city treasurer’ s annual report to the city council, (pursuant to Section 3.04.040 of this code). (Ord. 1006 § 2 (part), 1992; Ord. 753 § 1 (part), 1989: prior code § 2-15-2(A))

2.18.020

 

Chapter 2.18.030    Statements.

    The city auditor shall assist the city treasurer in rendering the monthly report of the city treasurer to the city council regarding the receipts and expenditures of the city as shown on the books of the city treasurer, (pursuant to Section 2.14.070 of this code). (Ord. 1006 § 2 (part), 1992; Ord. 753 § 1 (part), 1989: prior code § 2-15-3(A))

2.18.030

 

Chapter 2.18.040    Audit.

    As soon as practicable after the close of each fiscal year of the city, and no later than six months thereafter, the city auditor shall audit all of the accounts of the city. Copies of such audit report shall be filed with the city clerk and with the state auditor of public accounts. (Ord. 1006 § 2 (part), 1992; Ord. 753 § 1 (part), 1989: prior code § 2-15-4(A))

2.18.040

 

Chapter 2.18.050    Financial advice.

    The city auditor shall be the financial adviser of the city, and shall render advice on all financial questions affecting the city whenever requested to do so by any city official. The city auditor shall evaluate and render financial advice and recommendations to the mayor and the city council regarding bond issues and other types of city financing and financial matters. Upon request by the mayor or the city council, the city auditor shall render written opinions regarding financial matters. (Ord. 1006 § 2 (part), 1992; Ord. 753 § 1 (part), 1989: prior code § 2-15-5(A))

2.18.050

 

Chapter 2.18.060    Qualifications.

    The city auditor shall be a Certified Public Accountant licensed as such by the state of Illinois Department of Education and Registration. Pursuant to Section 3-14-1 of the Illinois Municipal Code, (Ill. Rev. Stat., Ch. 24, Sec. 3-14-1), the city auditor shall not be required to be an elector or resident of the city. (Ord. 1006 § 2 (part), 1992; Ord. 753 § 1 (part), 1989: prior code § 2-15-6(A))

2.18.060

 

Chapter 2.18.070    Salary.

    The annual salary to be paid to the city auditor shall be eight thousand six hundred and forty dollars ($8,640.00). In addition thereto, the city auditor shall be entitled to additional compensation for special projects requiring additional time, effort and expertise, including but not limited to general obligation and/or revenue bond financing in which the city may, from time to time, be involved. The terms and amounts of increased compensation for special projects will be agreed upon between the city auditor and the corporate authorities prior to the city auditor engaging in such special projects. (Ord. 1006 § 2 (part), 1992; Ord. 899 § 1, 1991: prior code § 2-15-7(A))



 

Section 2.19

CITY ENGINEER

Chapters:

2.19.010    Creation of office.

2.19.020    Job summary.

2.19.030    Powers and duties.

2.19.040    Skills, knowledge and ability required.

2.19.050    Education, certification and experience required.

Chapter 2.19.010    Creation of office.

        There is hereby created the office of City Engineer, an executive office of the city.  The office shall be filled by appointment of the Mayor with the advice and consent City Council.

(Ordinance No. 2497, Added, 10/02/2006, Created office of City Engineer.)

 

Chapter 2.19.020    Job summary.

        (To be added by enactment of a later ordinance).

(Ordinance No. 2497, Added, 10/02/2006, Created Office of City Engineer.)

 

Chapter 2.19.030    Powers and duties.

        (To be added by enactment of a later ordinance).

(Ordinance No. 2497, Added, 10/02/2006, Created office of City Engineer.)

 

Chapter 2.19.040    Skills, knowledge and ability required.

        (To be added by enactment of a later ordinance).

(Ordinance No. 2497, Added, 10/02/2006, Created office of City Engineer.)

 

Chapter 2.19.050    Education, certification and experience required.

        (To be added by enactment of a later ordinance).

(Ordinance No. 2497, Added, 10/02/2006, Created office of City Engineer.)



 

Section 2.20

CITY ATTORNEY

Chapters:

2.20.010    Creation of office.

2.20.020    Suits and actions.

2.20.030    Judgments.

2.20.040    Advice.

2.20.050    Special assessments.

2.20.060    Ordinances and documents.

2.20.070    Additional counsel.

Chapter 2.20.010    Creation of office.

    There is created the office of city attorney, an executive office of the city. The city attorney shall be appointed by the mayor and with the advice and consent of the city council. (Prior code § 2-8-1)

2.20.010

 

Chapter 2.20.020    Suits and actions.

    The city attorney shall prosecute or defend any and all suits or actions at law or equity to which the city may be a party, or in which it may be interested, or which may be brought against, or by, any officer of the city on behalf of the city, or in the capacity of such person as an officer of the city. (Prior code § 2-8-2)

2.20.020

 

Chapter 2.20.030    Judgments.

    It shall be the duty of the city attorney to see to the full enforcement of all judgments, or decrees rendered or entered in favor of the city, and of all similar interlocutory orders. (Prior code § 2-8-3)

2.20.030

 

Chapter 2.20.040    Advice.

    The city attorney shall be the legal advisor of the city, and shall render advice on all legal questions affecting the city whenever requested to do so by any city official. Upon request by the mayor or by the city council, he shall reduce any such opinion to writing. (Prior code § 2-8-4)

2.20.040

 

Chapter 2.20.050    Special assessments.

    It shall be the duty of the city attorney to see to the completion of all special assessment proceedings and condemnation proceedings. (Prior code § 2-8-5)

2.20.050

 

Chapter 2.20.060    Ordinances and documents.

    It shall be his duty to draft or supervise the phraseology of any contract, lease or other document or instrument, to which the city may be a party; and upon request by the council, to draft ordinances or resolutions covering any subjects within the power of the city. (Prior code § 2-8-6)

2.20.060

 

Chapter 2.20.070    Additional counsel.

    The city council may retain or authorize the employment of other counsel to give advice or render service to the city. (Amended during 1997 codification; prior code § 2-8-7)



 

Section 2.22

CHIEF OF POLICE

Chapters:

2.22.010    Creation of office.

2.22.020    Job summary.

2.22.030    Principal duties and responsibilities.

2.22.040    Skills, knowledge and abilities required.

2.22.050    Education, certification and experience required.

2.22.060    Collective bargaining.

Chapter 2.22.010    Creation of office.

    There is created the office of city chief of police, an executive office of the city. The office shall be filled by appointment of the mayor with the advice and consent of the city council. The city chief of police shall also serve as city marshal. (Ord. 826 § 1 (part), 1990: prior code § 2-19-1)

2.22.010

 

Chapter 2.22.020    Job summary.

    It shall be the responsibility of the chief of police to plan, organize and direct the operation of the city’s police department. An appointee in this position shall be responsible for planning, organizing and directing the activities of commissioned and civil employees of the city’s police department. The city chief of police shall be responsible for the development and implementation of departmental policies relating to law enforcement, communications, and administrative activities, and for complete internal control over police activities and personnel. The city chief of police shall receive administrative direction from the city director of community development and administration, the mayor and the city council. (Ord. 826 § 1 (part), 1990: prior code § 2-19-2)

2.22.020

 

Chapter 2.22.030    Principal duties and responsibilities.

     The City Chief of Police, subject to supervision by the Mayor, the City Administrator and the City Council, shall be responsible for the performance of the Police Department of the City and all of its functions and all persons who are members of the department shall serve subject to the orders of the Chief of Police.

 

    The Chief of Police and members of the Police Department shall have the powers of arrest and detention as set out in the Illinois Statutes and shall bear the responsibility for enforcement of all criminal and quasi-criminal statutes and ordinances. The Chief of Police shall supervise the Police Department to: preserve the peace and order of the City; protect persons and property from harm; prevent crime and detect and apprehend persons suspected of crimes (including felony, misdemeanor, traffic and petty offenses and ordinance violations); regulate traffic upon public thoroughfares; secure all necessary complaints, warrants and other documents for the enforcement of police duties; have custody of lost or stolen property; and maintain proper records of crimes and criminals and matters relating thereto.

 

    All officers and employees employed by or assigned to the Police Department shall be under the direct supervision and direction of the City’s Chief of Police.

    

    With respect to commissioned officers of the Police Department of the City, the Chief of Police, along with the Columbia Board of Fire and Police Commissioners, shall be responsible for discipline, subject to the terms of any then applicable collective bargaining agreement between the City and the Illinois Uniform Peace Officer’s Disciplinary Act (50 ILCS 725/1 et. seq.). With respect to non-commissioned employees of the Police Department, the Chief of Police shall be responsible for discipline up to and including discharge, subject to the terms of any then applicable collective bargaining agreement and City personnel ordinances.

 

    The Chief of Police shall continuously learn and implement procedures necessary to insure the protection and legal rights of all persons, including those taken into custody, while reducing risks to all persons, including employees of the police department. He or she shall advise superiors of risks and manage risks to reduce undesirable outcomes.

 

     The Chief of Police shall plan, organize and direct the activities of the commissioned officers and civilian employees of the Police Department. He or she shall communicate and enforce compliance with the City and departmental policies, rules, regulations and procedures in the Police Department. The Chief of Police shall exercise general supervision over the Police Department; formulate and enforce departmental rules, regulations, work methods, policies and procedures and initiate planning activities to improve departmental operations.

 

    The Chief of Police shall manage or assist with the negotiations with bargaining units representing the commissioned officers and/or employees of the Police Department and shall work with the City Council or its designee(s) in collective bargaining with the bargaining unit representing the Police Department officers or employees.

 

    The Chief of Police shall direct the preparation of the Police Department budget; coordinate purchases of equipment and prepare reports on equipment, supplies, and personnel needs; shall approve purchase orders; shall maintain detailed expense records for the Police Department; and shall prepare monthly and annually activity reports outlining the activities of the department and present the same to the City Council as the City Council shall, from time to time, require.

 

    The Chief of Police shall be responsible for scheduling shifts and assigning Police Department personnel; participate regularly in patrol, detective and other field operations of the department.

 

    The Chief of Police shall advertise for, interview, test and recommend for hire, all Police Department officers and employees; direct evaluation of Police Department officers and employees; assess employment training needs and take required action to meet department needs.

 

    The Chief of Police shall complete and assist staff to complete necessary documentation and prepare or supervise the preparation of cases for court presentation.

 

    The Chief of Police shall design and implement vehicle maintenance schedules.

 

    The Chief of Police shall be in charge of the investigation of major criminal cases; conduct internal investigations and make reports to the City Administrator, the Mayor and/or the City Council regarding the same.

 

    The Chief of Police shall be in charge of the personnel files of the Police Department and shall monitor the same and insure compliance with the City and departmental personnel policies.

 

    For purchase of capital equipment of the Police Department, the City Chief of police shall develop bid specifications and work with the City Administrator and the City Council in soliciting bids.

 

    The Chief of Police shall perform such related work as shall be, from time to time,

assigned to him by the City Administrator, the Mayor and/or the City Council.

 

        (Ord. 826 § 1 (part), 1990: prior code § 2-19-3) 2.22.030

(Ordinance No. 2508, Amended, 11/06/2006)

 

Chapter 2.22.040    Skills, knowledge and abilities required.

    Comprehensive knowledge of modern law enforcement and police administration principles, methods, and techniques; comprehensive knowledge of judicial system;

    Comprehensive knowledge of federal and state laws and city ordinances. Thorough knowledge of constitutional rights;

    Comprehensive knowledge of departmental rules, regulations and established procedures;

    Thorough knowledge of modern supervisory principles, practices and techniques;

    Good knowledge of budget process and financial controls;

    Good knowledge of the city’ s geography, street system, and building locations;

    Ability to effectively plan, organize, direct and evaluate law enforcement, communications and administrative activities;

    Ability to think and act quickly with good judgment in a manner consistent with departmental policies in emergency situations, and to provide leadership to department personnel;

    Ability to deal calmly, objectively, firmly and tactfully with suspects, witnesses, subordinate officers and personnel, city officials, and the general public;

    Ability to establish and maintain effective working relationships with representatives of other law enforcement agencies, community organizations, city officials, subordinate personnel and the general public;

    Ability to communicate effectively in oral and written form;

    Proficient in the care and use of firearms;

    Proficient in operating a police vehicle under hazardous and emergency conditions. (Ord. 826 § 1 (part), 1990: prior code § 2-19-4)

2.22.040

 

Chapter 2.22.050    Education, certification and experience required.

    Preferably the chief of police shall be a graduate of an accredited college or university with a degree in criminal justice or a related field, he or she shall be a graduate of the police academy and shall have such other prescribed formal or informal training as shall be required by the city council and by law, and shall have extensive experience in law enforcement work. (Ord. 826 § 1 (part), 1990: prior code § 2-19-5)

2.22.050

 

Chapter 2.22.060    Collective bargaining.

    The city chief of police, as an appointed executive officer of the city, shall not be eligible for membership in any labor union or other collective bargaining unit or organization during his or her tenure in office as chief of police. (Ord. 826 § 1 (part), 1990: prior code § 2-19-6)



 

Section 2.24

DEPUTY CHIEF OF POLICE

Chapters:

2.24.010    Creation of office.

2.24.011    Appointment.

2.24.012    Term.

2.24.013    Qualification.

2.24.014    Removal.

2.24.020    Job summary.

2.24.030    Powers and duties.

2.24.040    Skills, knowledge and ability required.

2.24.050    Education, certification and experience required.

2.24.060    Collective bargaining.

Chapter 2.24.010    Creation of office.

    There is created the office of deputy chief of police, also known as assistant chief of police, an appointed executive office of the city. (Ord. 1815 § 1 (part), 2000)

2.24.010

 

Chapter 2.24.011    Appointment.

    The office of deputy chief of police shall be filled, annually, by appointment by the chief of police. (Ord. 1815 § 1 (part), 2000)

2.24.011

 

Chapter 2.24.012    Term.

    The person appointed to fill the office of deputy chief of police shall serve a term of one year, commencing May 1st and ending April 30th of the succeeding calendar year, the same being the fiscal year of the city, and until their successor is appointed and qualified. (Ord. 1815 § 1 (part), 2000)

2.24.012

 

Chapter 2.24.013    Qualification.

    The person appointed to serve as Deputy Chief of Police shall be required to be a resident of the City. He or she may be appointed from any rank of sworn full-time Police Officers of the City’s Police Department, but must have at least five (5) years of full-time service as a sworn full-time Police Officer of the City. (Ord. 1815 § 1 (part), 2000)2.24.013

(2.24.013 (Ord. 2194), Amended, 07/21/2003)

 

Chapter 2.24.014    Removal.

    A deputy police chief will serve at the discretion of the chief of police. If removed from the position of deputy chief of police, the person removed shall revert to the rank they held immediately prior to appointment to the deputy chief of police. (Ord. 1815 § 21 (part), 2000)

2.24.014

 

Chapter 2.24.020    Job summary.

    The deputy chief of police shall be responsible for supervision, administration and field work of the city police department as assigned and directed by the city chief of police. An appointee in this position shall be responsible for assisting the city chief of police with the direction, supervision and coordination of all units of the police department and for performance of the functions associated therewith. He or she shall be responsible for assisting the chief of police in the development and implementation of departmental policies, procedures, rules and regulations and for assuming the duties of the city chief of police in case of his or her absence or as otherwise delegated by the chief of police. The deputy chief of police shall be the second in command in the Columbia police department. (Ord. 1815 § 1 (part), 2000)

2.24.020

 

Chapter 2.24.030    Powers and duties.

    The deputy chief of police shall supervise all commissioned officers and other employees of the police department (other than the chief of police) according to guidelines established by the chief of police. He or she shall assist the chief of police in the preparation and administration of the police department budget.

    The deputy chief of police shall assist the chief of police in the overall direction of the police department and shall participate in the development and implementation of practices, procedures, rules, regulations and programs of the police department. He or she shall act for the chief of police in his or her absence and as otherwise delegated by the chief of police.

    The deputy chief of police shall assist the chief of police and the city council or their designee(s) in negotiations with the bargaining unit representing officers and/or employees of the city police department.

    The deputy chief of police shall review officer reports and case files to insure completeness, shall keep abreast of unit and individual performance, shall identify trends or cases requiring additional attention; shall evaluate the performance of subordinate personnel; and shall determine the need for new programs and evaluate officers for special assignments.

    The deputy chief of police shall respond to and take command of major operations or emergencies in the absence of the chief of police and shall coordinate general police activities with other law enforcement agencies.

    The deputy chief of police shall perform all tasks assigned to him or her by the chief of police, or in the absence of the chief of police, assigned by the mayor or the city council. (Ord. 1815 § 1 (part), 2000)

2.24.030

 

Chapter 2.24.040    Skills, knowledge and ability required.

    Thorough knowledge of modern law enforcement and police administration principles, practices, methods and techniques;

    Thorough knowledge of federal and state laws and city ordinances; thorough knowledge of constitutional rights;

    Thorough knowledge of departmental rules, regulations and established procedures;

    Good knowledge of modern supervisory principles, practices and techniques;

    Good knowledge of risk management techniques;

    Good knowledge of the city’ s geography, street system and building locations;

    Ability to effectively plan, organize, direct and evaluate patrol and associated activities;

    Ability to think and act quickly with good judgment in a manner consistent with departmental policies in emergency situations, and to provide leadership to subordinate officers;

    Ability to deal calmly, objectively, firmly and tactfully with suspects, witnesses, subordinate officers and the general public;

    Ability to establish and maintain effective working relationships with representatives of other law enforcement agencies, community organizations, fellow employees and the general public;

    Ability to deal effectively with juveniles and their families;

    Ability to train others and to communicate effectively in oral and written form;

    Proficient in the care and use of firearms;

    Proficient in operating a police vehicle under hazardous and emergency conditions. (Ord. 1815 § 1 (part), 2000)

2.24.040

 

Chapter 2.24.050    Education, certification and experience required.

    The deputy chief of police shall be a graduate of an accredited general or technical high school and the police academy; and preferably, shall have satisfactorily completed a two-year college level course of study in criminal justice or a related field. He or she shall complete or shall have completed necessary specialized training in the juvenile justice system and shall have the training and ability to deal effectively with juvenile offenders. The deputy chief of police shall have completed advanced firearms training and shall possess such other prescribed formal or informal training as shall be required by law and the city council and shall possess extensive experience in law enforcement work. The deputy chief of police shall have at least five years of full-time service as a sworn full-time police officer of the city at the time of his or her appointment. (Ord. 1815 § 1 (part), 2000)

2.24.050

 

Chapter 2.24.060    Collective bargaining.

    The city deputy chief of police, as an appointed executive officer of the city, shall not be eligible for membership in any labor union or other collective bargaining unit or organization during his or her tenure in office as deputy chief of police. (Ord. 1815 § 1 (part), 2000)



 

Section 2.26

BUDGET OFFICER

Chapters:

2.26.010    Creation of office of budget officer.

2.26.020    Incorporation of municipal code provisions pertaining to budget officer.

2.26.030    Compensation of budget officer.

2.26.040    Powers and duties of the budget officer.

2.26.050    Compilation and content of the annual budget.

2.26.060    Effect of passage of annual budget.

2.26.070    Creation in the annual budget of a capital improvement, repair or replacement fund.

2.26.080    Revision of annual budget after adoption.

2.26.090    Contingency fund in the annual budget.

2.26.100    Procedure for adopting an annual budget.

2.26.110    Procedure for abandonment of budget process.

2.26.120    Filing of budget ordinance with county clerk.

Chapter 2.26.010    Creation of office of budget officer.

    There is created the appointive city office in and for the city to be known as budget officer, an executive office in the city. The budget officer shall be appointed annually by the mayor, with the approval of the city council, at the first meeting of the city council held in May of each year, or as soon thereafter as is practicable. The person appointed to fill the office of budget officer shall serve at the pleasure of the mayor. The budget officer may hold another elected or appointed office in the city and may receive compensation for both offices. Following his or her appointment as budget officer, and prior to commencement of his or her service as budget officer, the person appointed shall take and subscribe to an oath of office and post a bond as provided by Section 3-14-3 of the Illinois Municipal Code (Ill. Rev. Stat., Ch. 24, Para. 3-14-3) and the city ordinances. (Ord. 1006 § 3 (part), 1992: prior code § 2-15-1(B))

2.26.010

 

Chapter 2.26.020    Incorporation of municipal code provisions pertaining to budget officer.

    The city adopts and incorporates herein by reference Sections 8-2-9.1 through 8-2-9.10 of the Illinois Municipal Code (Ill. Rev. Stat., Ch. 24, paragraphs 8-2-9.1 through 8-2-9.10) the same as if set forth herein verbatim (except that all references therein to "municipality" shall be changed to "city" or the "city of Columbia, Illinois"). The incorporation by reference herein provided for shall be of said Act as it is now in effect on the date hereof and as the same may be hereafter amended. In the event of any conflict with or inconsistency between the provisions of this chapter and the Act, the Act shall control and this chapter shall be read and regarded as having been amended to be consistent with the Act as from time to time the Act is in effect. (Ord. 1006 § 3 (part), 1992: prior code § 2-15-2(B))

2.26.020

 

Chapter 2.26.030    Compensation of budget officer.

    The compensation to be paid annually to the budget officer shall be as is established by ordinance to be enacted by the city council, at or as soon as practicable after the first meeting of the city council in May of each year. The annual salary shall be provided for in the annual budget of the city to be prepared by the budget officer and adopted prior to commencement of each fiscal year of the city on May 1st of each year. (Ord. 1006 § 3 (part), 1992: prior code § 2-15-3(B))

2.26.030

 

Chapter 2.26.040    Powers and duties of the budget officer.

    The powers and duties of the budget officer, shall be as follows:

    A.    Permit, encourage and establish the use of efficient planning, budgeting, auditing, reporting, accounting and other fiscal management procedures in all city departments, commissions and boards;

    B.    Compile an annual budget in accordance with Section 2.26.050;

    C.    Examine all books and records of all city departments, commissions and boards which relate to moneys received by the city, city departments, commissions and boards, and paid out by the city, city departments, commissions and boards, debts and accounts receivable, amounts owed by or to the city, city departments, commissions and boards.

    D.    Obtain such additional information from the city, city departments, commissions and boards as may be useful to the budget officer for purposes of compiling a city budget, such information to be furnished by the city, city departments, commissions, and boards in the form required by the budget officer. Any department, commission or board which refuses to make such information as is requested of it available to the budget officer shall not be permitted to make expenditures under any subsequent budget for the city until such city department, commission, or board shall comply in full with the request of the budget officer.

    E.    Establish and maintain such procedures as shall insure that no expenditures are made by the city, city departments, commissions or boards except as authorized by the budget. (Ord. 1006 § 3 (part), 1992: prior code § 2-15-4(B))

2.26.040

 

Chapter 2.26.050    Compilation and content of the annual budget.

    The city budget officer shall compile an annual city budget, such budget to contain estimates of revenues available to the city for the fiscal year for which the budget is drafted, together with recommended expenditures for the city and all of the city’ s departments, commissions and boards. Revenue estimates and expenditure recommendations shall be presented in a manner which is in conformity with good fiscal management practices. Substantial conformity to a chart of accounts, now or in the future, recommended by the National Committee on Governmental Accounting, or the Auditor of Public Accounts of the State of Illinois, or the Division of Local Governmental Affairs and Property Taxes of the Department of Revenue of the state of Illinois or successor agencies shall be deemed proof of such conformity. The budget shall contain actual or estimated revenues and expenditures for the two years immediately preceding the fiscal year for which the budget is prepared. So far as is possible, the fiscal data for such two preceding fiscal years shall be itemized in a manner which is in conformity with the chart of accounts approved hereinabove. Each budget shall show the specific fund from which each anticipated expenditure shall be made. (Ord. 1006 § 3 (part), 1992: prior code § 2-15-5(B))

2.26.050

 

Chapter 2.26.060    Effect of passage of annual budget.

    Passage of the annual budget by the city council shall be in lieu of passage of an annual appropriation ordinance by the city. The annual budget need not be published except in the manner provided in Section 2.26.100. The annual budget shall be adopted by the city council prior to the beginning of the fiscal year to which it applies. (Ord. 1006 § 3 (part), 1992: prior code § 2-15-6(B))

2.26.060

 

Chapter 2.26.070    Creation in the annual budget of a capital improvement, repair or replacement fund.

    In the preparation by the city budget officer of the annual city budget, an amount not to exceed three percent of the equalized assessed value of property subject to taxation by the city may be accumulated in a separate fund for the purpose or purposes of specific capital improvements, repairs and/or replacements of specific types of municipal equipment or other tangible property, both real and personal, to be designated as the capital improvement, repair or replacement fund. Expenditures from the capital improvement, repair or replacement fund shall be budgeted in the fiscal year in which the capital improvement, repair or replacement will occur. Upon the completion or abandonment of any object for which the capital improvement, repair or replacement fund, or should any surplus moneys remain after the completion or abandonment of any object for which the capital improvement, repair or replacement fund was inaugurated, then and in that event such funds no longer necessary for capital improvement, repair or replacement shall be transferred into the general corporate fund of the city on the first day of the fiscal year following such abandonment, completion, or discovery of surplus funds. (Ord. 1006 § 3 (part), 1992: prior code § 2-15-7(B))

2.26.070

 

Chapter 2.26.080    Revision of annual budget after adoption.

    The city council may delegate authority to heads of city departments, commissions, or boards to delete, add to, change or create sub-classes within object classes budgeted previously to the department, commission or board, subject to such limitation or requirement for prior approval by the budget officer or chief executive officer of the city as the city council, upon a two-thirds vote of the city council then holding office, may establish. By a like vote of the members of the city council then holding office, the annual budget for the city may be revised by deleting, adding to, changing or creating sub-classes within object classes and object classes themselves. No revision of the budget shall be made increasing the budget in the event funds are not available to effectuate the purpose of the revision. (Ord. 1006 § 3 (part), 1992: prior code § 2-15-8(B))

2.26.080

 

Chapter 2.26.090    Contingency fund in the annual budget.

    The annual budget may contain money set aside for contingency purposes not to exceed ten percent of the total budget, less the amount set aside for contingency purposes, which moneys may be expended for contingencies upon a majority vote of the city council then holding office. (Ord. 1006 § 3 (part), 1992: prior code § 2-15-9(B))

2.26.090

 

Chapter 2.26.100    Procedure for adopting an annual budget.

    The city council shall make the tentative annual budget conveniently available to public inspection at least ten days prior to the passage of the annual budget, by publication in the journal of the proceedings of the city council or publication in pamphlet form of a budget ordinance, or in such other form as the city council may prescribe. Not less than one week after the publication of the tentative annual budget and prior to final action on the budget, the city council shall hold at least one public hearing on the tentative annual budget, after which hearing or hearings the tentative budget may be further revised and passed without any further inspection, notice or hearing. Notice of this hearing shall be given by publication in a newspaper having a general circulation in the city at least one week prior to the time of the hearing. (Ord. 1006 § 3 (part), 1992: prior code § 2-15-10(B))

2.26.100

 

Chapter 2.26.110    Procedure for abandonment of budget process.

    Should the city council hereafter deem it to be in the welfare and best interest of the city to abandon the office of budget officer and the annual budget process in lieu of an annual appropriation ordinance, the city may do so on two-thirds majority vote of the city council then holding office. (Ord. 1006 § 3 (part), 1992: prior code § 2-15-11(B))

2.26.110

 

Chapter 2.26.120    Filing of budget ordinance with county clerk.

    In accordance with the requirements of Section 162 of the Revenue Act of the state of Illinois (Ill. Rev. Stat., Ch. 120, Para. 643), within thirty (30) days after the adoption of the city’ s budget ordinance, the city clerk shall file with the Monroe County, Illinois clerk: (i) a certified copy of the budget ordinance, and (ii) an estimate of revenues anticipated by the city for the ensuing fiscal year of the city to be prepared and certified by the budget officer, as the chief fiscal officer of the city. (Ord. 1006 § 3 (part), 1992: prior code § 2-15-12(B))



 

Section 2.28

CITY DIRECTOR OF PUBLIC WORKS

Chapters:

2.28.010    Creation of office.

2.28.020    Job summary.

2.28.030    Powers and duties.

2.28.040    Skills, knowledge and ability required.

2.28.050    Education, certification and experience required.

Chapter 2.28.010    Creation of office.

    There is created the office of city director of public works, an executive office of the city. The office shall be filled by appointment of the mayor with the advice and consent of the city council. (Ord. 824 § 1 (part), 1990: prior code § 2-18-1)

2.28.010

 

Chapter 2.28.020    Job summary.

    The city director of public works is responsible for engineering, planning, organizing and directing the maintenance and repair of the city’ s infrastructure, including streets, sidewalks, city-owned and operated utilities, buildings, lands and other properties and is responsible for directing the maintenance and operation of city equipment and city vehicles.

    An appointee to the position of director of public works is responsible for completing, directly or through subcontractors, design and engineering specifications required by the city. The director of public works shall work closely with the superintendent of public works and shall supervise, plan, organize, schedule and direct the programs and activities of the city’ s public works department. The director of public works shall be responsible for planning, assigning and inspecting the work of city maintenance employees involved in construction and maintenance tasks and equipment operations, and shall coordinate work performed by contractors, engineers and public utilities in the city. The director of public works is responsible for monitoring the performance of subordinates, resolving maintenance work-related problems, and investigating citizen’s complaints pertaining to public works. The director of public works shall be under the direct supervision of the city director of community development and administration and his performance shall be reviewed and evaluated by the city director of community development and administration through conferences and reports.

    The director of public works may also be appointed by the mayor, with the advice and consent of the city council, to serve as the city engineer for the same or such additional salary and/or the same or such additional other compensation as the city council shall, from time to time, decide. (Ord. 824 § 1 (part), 1990: prior code § 2-18-2)

2.28.020

 

Chapter 2.28.030    Powers and duties.

    The director of public works shall be responsible for planning, organizing, scheduling and directing public works projects. Public works projects shall include but not be limited to major and minor repairs and replacements of city infrastructure systems and may involve employee operation of heavy equipment. Public works projects shall include but not be limited to construction of water and sewer lines; erection and maintenance of city buildings; construction and repair of city streets, sidewalks, bridges, water towers, patching and asphalt overlays; inspecting and cleaning storm sewers and removal of debris therefrom; the striping of streets; mosquito spraying; snow removal; and, tree work and landscaping.

    The director of public works shall be responsible for coordinating and directing the city maintenance departmental administrative functions; implementing city personnel codes within the city maintenance department; interviewing and recommending candidates for employment to the city maintenance department; and, completing performance evaluations for city maintenance employees.

    The director of public works shall assess present and future design and engineering requirements of the city and shall consult with the city director of community development and administration regarding the establishment and promotion of long range planning objectives of the city.

 

    The director of public works shall keep advised of the short range public works objectives established by the city director of community development and administration and the city council, and shall establish implementation schedules, cost estimates and manpower needs in order to accomplish the same. He shall create design and engineering plans for the city, as needed. He shall prepare requests for bid proposals to be presented to the city council by the city director of community development and administration, implement approve bidding processes and review bids to be presented to the city council by the city director of community development and administration.

    As required, the director of public works shall recommend to the city director of community development and administration and/or the city council the use of consulting engineers, registered land surveyors, architectural consultants whose services are needed in order to complete the work assigned to the director of public works. He shall have and maintain a thorough knowledge of modern engineering and design standards. He shall interface with county, state and federal agencies to insure proper coordination of projects in the city and to secure and properly use available funds.

    The director of public works shall direct the servicing, maintenance and repair of all city vehicles and motorized equipment and shall be the chief executive officer of the maintenance department of the city and shall supervise the operation of the maintenance department garage(s).

    Periodically, the director of public works shall inspect all city systems, equipment, buildings and property to determine maintenance and repair work required; he shall be responsible for directing hazardous conditions that exist on city streets, roads and public ways and he shall be responsible to citizen and aldermanic complaints regarding the operation of the city maintenance department.

    The director of public works shall make recommendations to the city director of community development and administration regarding annual plans and budgets for the maintenance department; he shall be responsible for the maintenance of daily logs and departmental records; preparation of maintenance employee time sheets; preparation of maintenance department activity and vehicle reports; for ordering necessary supplies and equipment incurred by the maintenance department (where the purchase of same has been authorized by the city council where city council authorization is required); and he shall initiate and maintain detailed data base which organizes facts about public works projects.

    The director of public works shall attend city council and committee meetings as required by the city council and/or the city’ s director of community development and administration; he shall provide cost estimates and assistance in interpreting engineering plans and specifications as required by the city director of community development and administration and/or the city council; and he shall prepare special reports as required.

    The director of public works shall perform such related work as is assigned to him by the city council, the mayor, and/or the city director of community development and administration. (Ord. 824 § 1 (part), 1990: prior code § 2-18-3)

2.28.030

 

Chapter 2.28.040    Skills, knowledge and ability required.

    Comprehensive knowledge of modern civil engineering and its application to public works projects. Ability to complete design and engineering drawings and bid packages, evaluate proposals and companies, and effectively implement projects;

    Thorough knowledge of the materials, methods and practices used in the construction and maintenance of public property;

    Thorough knowledge of the proper construction, maintenance and operation of sewage treatment facilities, including knowledge of federal and state regulations;

    Good knowledge of modern supervisory methods and techniques, including necessary training requirements to insure proper operation of equipment;

    Good knowledge of the materials, methods and practices used in vehicle maintenance and repair;

    Thorough knowledge of risk management principles and practices;

 

    Ability to issue and follow oral and written instructions;

    Ability to plan, organize and direct the work of subordinate street maintenance workers;

    Ability to deal calmly, objectively, firmly and tactfully with city officials, contractors, engineers, utilities, subordinate employees, and the general public;

    Ability to communicate effectively in oral and written form. (Ord. 824 § 1 (part), 1990: prior code § 2-18-4)

2.28.040

 

Chapter 2.28.050    Education, certification and experience required.

    Graduation from an accredited college or university with a degree in civil engineering or a related field, and extensive, progressively responsible, supervisory and administrative experience in municipal public works and construction; or any equivalent combination of training and experience. (Ord. 824 § 1 (part), 1990: prior code § 2-18-5)



 

Section 2.32

PLAN COMMISSION

Chapters:

2.32.010    Creation and membership.

2.32.020    Term of office.

2.32.030    Procedure.

2.32.040    Voting.

2.32.050    Powers and duties.

2.32.060    Official comprehensive plan and official map.

2.32.080    Expenditures.

2.32.0602.32.070    Improvements.

Chapter 2.32.010    Creation and membership.

    There is created a plan commission which shall consist of nine members, citizens of the city or of not more than one and one-half miles beyond the city limits, appointed by the mayor and subject to conformation by the city council. The mayor and city clerk, respectively, shall be ex-officio members of the plan commission, without a vote on the commission. None of the appointive members shall hold any elective or appointive office of this municipality, except that one of such appointive members may be a member of the board of zoning appeals, if such a board shall have been established. (Ord. 615 § 1, 1986: prior code § 3-3-1)

2.32.010

 

Chapter 2.32.020    Term of office.

    The appointive members shall serve for a period of three years. The appointments shall run concurrently with the fiscal year of the city. Ex-officio members shall serve for the terms of their elective office. Vacancies shall be filled by appointments for unexpired terms only. All members of the commission shall serve without compensation. (Prior code § 3-3-2)

2.32.020

 

Chapter 2.32.030    Procedure.

    At their annual meeting of the fiscal year, the plan commission shall meet, organize and elect from the appointive members such officers as it may deem necessary, and adopt and later change or alter, rules and regulations of organization and procedure consistent with city ordinances and state statutes. The plan commission shall meet at least once each month at such time and place as shall be established by its rules and regulations. The commission shall keep written records of its proceedings, which shall be open at all times to public inspection. The commission shall file an annual report with the mayor and city council setting forth its transactions and recommendations. (Prior code § 3-3-3)

2.32.030

 

Chapter 2.32.040    Voting.

    No final action shall be taken on any measure before the planning commission, except with the concurrence of a majority of all the members. The chairman shall vote with the other members of the commission. (Prior code § 3-3-4)

2.32.040

 

Chapter 2.32.050    Powers and duties.

    The plan commission shall have the following powers and duties:

    A.    To prepare and recommend to the city council a comprehensive plan for the present and future development or redevelopment of the city and contiguous unincorporated territory not more than one and one-half miles beyond the corporate limits of the city, and not included in any other municipality. Such plan may be adopted in whole or in separate geographical or functional parts, each of which, when adopted, shall be the official comprehensive plan, or part thereof of the city. Such plan shall be advisory, except as to such part thereof as has been implemented by ordinances duly enacted by the city council. All requirements for public hearing, filing of notice of adoption with the county recorder of deeds and filing of the plan and ordinances with the municipal clerk shall be complied with as provided by statute;

    B.    To provide for the health, safety, comfort and convenience of the inhabitants of the city, and contiguous territory, such plan or plans shall establish reasonable standards of design for subdivisions and for resubdivisions of unimproved land and of areas subject to redevelopment in respect to public improvements as herein defined and shall establish reasonable requirements governing the location, width, course and surfacing of public streets and highways, alleys, ways for public service facilities, curbs, gutters, sidewalks, street lights, parks, playgrounds, school grounds, size of lots to be used for residential purposes, storm water drainage, water supply and distribution, sanitary sewers, and sewage collection and treatment. The requirements specified herein shall become regulatory only when adopted by ordinance;

    C. 1. To designate land suitable for annexation to the municipality and the recommended zoning classification for such land upon annexation;

    2.    To review all petitions or applications for annexation of property to the municipality in accordance with the provisions of Chapter 17.50;

    D.    To recommend to the city council, from time to time, such changes in the comprehensive plan, or any part thereof, as may be deemed necessary;

    E.    To recommend to the city council, from time to time, plans and/or recommendations for specific improvements in pursuance of the official comprehensive plan;

    F.    To give aid to officials of the city charged with the direction of projects for improvements embraced within the official plan, or parts thereof, to further the making of such improvements and generally to promote the realization of the official comprehensive plan;

    G.    To cooperate with municipal or regional planning commissions and other agencies or groups to further the local planning program and to assure harmonious and integrated planning for the area.

    H.    To exercise such other powers germane to the powers granted under authority of an act of the General Assembly of the state of Illinois, entitled "Illinois Municipal Code," or as may be conferred by the city council. (Ord. 637 § 1, 1987; prior code § 3-3-5)

2.32.050

 

Chapter 2.32.060    Official comprehensive plan and official map.

    An official comprehensive plan, or any amendment thereof, or addition thereto, proposed by a plan commission shall be effective in the municipality and contiguous area herein prescribed only after its formal adoption by the corporate authorities. Such plan shall be advisory and in and of itself shall not be construed to regulate or control the use of private property in any way, except as to such part thereof as has been implemented by ordinances duly enacted by the corporate authorities. At any time or times, before or after the adoption of the official comprehensive plan by the corporate authorities, such corporate authorities may designate by ordinance an official map, which map may consist of the whole area included within the official comprehensive plan or one or more separate geographical or functional parts, and may include all or any part of the contiguous unincorporated area within one and one-half miles from the corporate limits of the municipality. Such map or maps shall be made a part of the ordinance, which ordinance shall specifically state standard requirements of the municipality relating to size of streets, alleys, public ways, parks, playgrounds, school sites, other public grounds and ways for public service facilities; the kind and quantity of materials which shall be used in the construction of streets and alleys; and the kind and quality of materials for public service facilities as may be consistent with Illinois Commerce Commission or industry standards, and shall contain the standards required for drainage and sanitary sewers and collection and treatment of sewage. The map shall be drawn to scale, shall be reasonably accurate, and shall show north point, section lines and numbers, and streams.

    The official comprehensive plan and the ordinance or ordinances including the official map shall be placed on file with the municipal clerk and shall be available at all times during business hours for public inspection. Copies of the plan, all ordinances implementing the same and including the official map, shall be made available to all interested parties upon payment of such sum as the corporate authorities shall determine to be adequate to reimburse the general fund of the municipality for the cost of printing and distributing the same. (Prior code § 3-3-6)

 

Chapter 2.32.080    Expenditures.

    The commission may, at the discretion of the city council, employ a paid secretary or staff, or both, whose salaries, wages, and other necessary expenses shall be paid by the city, as provided for by ordinance. (Prior code § 3-3-8)

 

Chapter 2.32.0602.32.070    Improvements.

    The city clerk shall furnish the plan commission, for its consideration, a copy of all ordinances, plans and data relative to public improvements of any nature. The plan commission may report in relation thereto if it deems a report necessary or advisable, for the consideration of the city council. (Prior code § 3-3-7)

2.32.070



 

Section 2.34

POLICE DEPARTMENT

Chapters:

2.34.010    Department established.

2.34.020    Administration.

2.34.025    Residency.

2.34.030    Employees.

2.34.040    Bond.

2.34.050    Chief of police--Jurisdiction.

2.34.070    Chief of police--Reassignment.

2.34.080    Chief of police--Monthly and annual reports.

2.34.090    Special policemen.

2.34.095    Part-Time Police Officers

2.34.100    Duties of police--Generally.

2.34.110    Duties of police--Complaints against violators--Preparations for prosecutions.

2.34.120    Duties of police--Cooperation within department.

2.34.130    Powers of police--Arrest and detention.

2.34.140    Powers of police--Service of warrants.

2.34.150    Powers of police--Fees to city clerk.

2.34.160    Powers of police--Search warrants.

2.34.170    Record of arrests.

2.34.180    Absence of members of department--Permission required.

2.34.190    Designation of acting chief.

2.34.200    Refusal to aid police.

2.34.0502.34.060    Chief of police--Custodial functions.

Chapter 2.34.010    Department established.

    There is created a police department for the city, which shall consist of a chief of police and such other policemen or patrolmen as may be needed, the amount to be determined from time to time by the city council. The police chief and all members of the department shall be employees of the city. (Prior code § 30-3-1)

2.34.010

 

Chapter 2.34.020    Administration.

    The following official ranks for purposes of salary, job description, and individual job responsibility in the order of the highest to the least, respectively, are created: colonel; major; captain; lieutenant; administrative sergeant; sergeant squad 1; sergeant squad 2; corporal; patrolman Grade 1; patrolman Grade 2, patrolman Grade 3; patrolman Grade 4; patrolman Grade 5; and probationary patrolman. (Ord. 1895 § 1, 2000: Ord. 465 § 1, 1980: prior code § 30-3-2)

2.34.020

 

Chapter 2.34.025    Residency.

    Appointed police officers of the city are required to be residents of the city at the time of their appointment; except that, the city council of the city may grant a newly hired police officer a period of up to six months (one hundred eighty (180) days), commencing with the date of that officer’ s appointment, to become a resident and registered voter of the city; and, except further, the city council may thereafter extend the grace period for residency in the city for a period of time not to exceed one additional six month (one hundred eighty (180) day) period for a newly hired police officer to become a resident and registered voter of the city, for good cause shown. In all cases, an appointed city police officer must be resident and registered voter of the city within twelve (12) months (three hundred sixty-five (365) days) from the date of their appointment. (Ord. 1912 § 1, 2001)

2.34.025

 

    Full-time employed (employed 2,080 hours or more per year) Telecommunicators (commonly referred to as "Radio Dispatchers") employed by the City are required to be residents of the City; except that, the City Council of the City may grant a newly hired Telcommunicator a period of up to six (6) months (one hundred eighty [180] days), commencing with the date of the Telecommunicator's employment, to become a resident of the City; and, except further, the City Council may thereafter extend the grace period for the Telecommunicator's residency in the City for a period of time not to exceed one (1) additional six (6) month (one hundred eighty [180] days) period for a newly hired Telecommunicator to become a resident of the City, for good cause shown.  In all cases, a Telecommunicator in the full-time employment of the City must be a resident of the City within twelve (12) months (three hundred sixty-five [365] days) after the date of their employment.

(Ord. 2285; 08/02/2004)

(2.34.025 (Ord. 2285), Added, 08/02/2004, Added 2nd paragraph to section; Residency requirement for full-time Telecommunicators.)

 

Chapter 2.34.030    Employees.

    A.    Job Description. Until otherwise provided by city ordinance, the job descriptions and individual responsibilities of the city police department officers and employees shall be as are, from time to time, determined by the mayor, with the advice and consent of the duly appointed and acting chief of police of the city.

 

    B.    Personnel Code. Employees of the police department shall be selected in accordance with the provisions of the personnel code of the city.

    C.    Office of Chief of Police. There is created the office of chief of police. The chief of police shall be appointed by the mayor by and with the advice and consent of the city council.

    In addition to any powers and duties of the chief of police provided by ordinance, the chief of police shall have such powers and duties which are not assigned by ordinance to some other municipal officer as the mayor shall, from time to time prescribe. (Prior code § 30-3-3)

2.34.030

 

Chapter 2.34.040    Bond.

    Each member of the police department, upon assuming his employment, shall take oath and execute a bond, with surety to be approved by the city council for the faithful performance of his duties. (Prior code § 30-3-4)

2.34.040

 

Chapter 2.34.050    Chief of police--Jurisdiction.

    The chief of police shall have direct supervision of all policemen, patrolmen and watchmen, except as provided in this chapter, and they shall be subject to his direction and control. (Prior code § 30-3-5)

 

Chapter 2.34.070    Chief of police--Reassignment.

    If a member of the police department is appointed to the office of chief of police, prior to being eligible to retire on pension, he shall be considered on furlough from the rank he held immediately prior to his appointment to the office of chief of police, without regard to duration in rank before appointment to the office of chief of police; and should he resign as chief of police, or be discharged prior to attaining eligibility to retire on pension, he shall revest to and be established in such prior rank, and thereafter be entitled to all the benefits and emoluments of such prior rank, without regard to whether a vacancy then exists in such rank. (Prior code § 30-3-7)

2.34.070

 

Chapter 2.34.080    Chief of police--Monthly and annual reports.

    The chief of police shall make to the city council monthly and annually, a report in writing of the doings of his department since the last report. (Prior code § 30-3-8)

2.34.080

 

Chapter 2.34.090    Special policemen.

    The mayor may, when advisable, employ suitable persons as special policemen for the city, who shall take the oath required of other police employees. Such special police shall possess the same power and authority as other employees of the regular police department and shall be employed until their employment is revoked by the mayor. (Prior code § 30-3-9)

2.34.090

 

Chapter 2.34.095        Part-time police officers

 

            The Mayor, with the advice and consent of the City Council, may appoint part-time police officers in accordance with 65 ILCS 5/3.1-30-21. The appointment and employment of such part-time police officers shall be subject to the following provisions:

 

(A)       Any person employed as a part-time police officer must meet the following standards:

 

1.         Be of good moral character, of temperate habits, of sound health, and physically and mentally able to perform assigned duties.

 

2.         Be at least twenty-one (21) years of age.

 

                        3.         Pass a medical examination.

 

4.         Possess a high school diploma or GED certificate.

 

5.         Possess a valid State of Illinois driver’s license.

 

            6.         Possess no prior felony convictions.

 

7.         Any individual who has served in the U.S. military must have been honorably discharged.

 

            (B)      Part-time police officer(s) shall be selected from a list of candidates who have completed the same testing process as candidates for a full-time police officer position with the exception of the interview process;

     

(C)     Part-time police officers shall be interviewed by the Chief of Police, Deputy Chief of Police, and/or the City Administrator;                                                                                                                        

 

(D)     Part-time police officers shall be qualified to enter and must successfully complete any training mandated by the Illinois Law Enforcement Training and Standards Board;

 

             (E)      Part-time police officers may be disciplined by the Chief of Police, the City Administrator, the Mayor or the City Council in accordance with the City's Personnel Code;

 

(F)      Part-time police officers may be discharged by the Mayor, upon the recommendation of the Chief of Police or the City Administrator, with the consent of the City Council;

      

(G)     Part-time police officers shall be governed by the same rules, regulations, policies and directives as full-time members of the Police Department, except that part-time police officers shall not be subject to any portion of any collective bargaining                                                                         agreement;

 

(H)     Part-time police officers shall not be assigned, under any circumstances, to supervise or                                                

direct full-time police officers;

 

                  (I)       Part-time police officers shall not be used as permanent replacements for permanent full-                                        

 time police officers;               

(J)       Part-time police officers shall not be required to reside within the city limits of the City of Columbia.

 

(K)     Any person employed as a part-time police officer shall not work more than 1,000 hours in a calendar year.

           

           

**AMENDED BY ORDINANCE NO. 2952 PASSED AND APPROVED MAY 21, 2012

The Mayor, with the advice and consent of the City Council, may appoint part-time police officers in accordance     with 65 ILCS 5/3.1-30-21.  The appointment and employment of such part-time police officers shall be subject to the following provisions:

 

(A)       Part-time police officer(s) shall be selected from a list of candidates who have completed the same testing process as candidates for a full-time police officer position with the exception of the interview process;

 

(B)       Part-time police officers shall be interviewed by the Chief of Police, Deputy Chief of Police, and/or the City Administrator;

 

(C)       Part-time police officers shall be qualified to enter and must successfully complete any training mandated by the Illinois Law Enforcement Training and Standards Board;

 

(D)       Part-time police officers may be disciplined by the Chief of Police, the City Administrator, the Mayor or the City Council in accordance with the City’s Personnel Code;

 

(E)       Part-time police officers may be discharged by the Mayor, upon the recommendation of the Chief of Police or the City Administrator, with the consent of the City Council;

 

(F)       Part-time police officers shall be governed by the same rules, regulations, policies and directives as full-time members of the Police Department, except that part-time police officers shall not be subject to any portion of any collective bargaining agreement;

 

(G)       Part-time police officers shall not be assigned, under any circumstances, to supervise or direct full-time police officers;

 

(H)       Part-time police officers shall not be used as permanent replacements for permanent full-time police officers;

 

(I)                Part-time police officers shall not be required to reside within the city limits of the City of Columbia.

 

(Ordinance No. 2952, Amended, 06/04/2012, Hiring Standards for Part-Time Police Officers; Ordinance No. 2858, Added, 03/21/2011, Establishing Hiring Standards for Part-Time Police Officers.)

 

 

 

Chapter 2.34.100    Duties of police--Generally.

    The several members of the police force, when on duty, shall devote their entire time and attention to their duties according to the provisions of the code of the city, and the rules and regulations of the police department. They shall, to the best of their ability, preserve order, quiet and peace throughout the city and enforce all the ordinances of the city. (Prior code § 30-3-10)

2.34.100

 

Chapter 2.34.110    Duties of police--Complaints against violators--Preparations for prosecutions.

    When it shall come to the knowledge of any policeman that any city ordinance has been violated, such policeman shall forthwith cause a complaint to be made before a judge and procure the proper witnesses and evidence for the successful prosecution of the offender. (Prior code § 30-3-11)

2.34.110

 

Chapter 2.34.120    Duties of police--Cooperation within department.

    All policemen shall render prompt and efficient aid to each other in the discharge of their duties. (Prior code § 30-3-12)

2.34.120

 

Chapter 2.34.130    Powers of police--Arrest and detention.

    The chief of police and each policeman of the city shall have the power to arrest or cause to be arrested with or without process, all persons who shall be found in the act of committing a breach of the peace, or shall be found violating any provisions of this code, or other ordinance of the city, or any criminal law of the state and may commit such persons so arrested for examination, and if necessary, detain them in custody overnight or Sunday in the city prison or other safe place, until they can be brought before the proper judge. (Prior code § 30-3-13)

2.34.130

 

Chapter 2.34.140    Powers of police--Service of warrants.

    All warrants for the violation of this code and other ordinances, and all criminal warrants to whomsoever directed shall be served and executed within the corporate limits of the city by the chief of police or by any policeman designated by the chief of police. (Prior code § 30-3-14)

2.34.140

 

Chapter 2.34.150    Powers of police--Fees to city clerk.

    All fees collected by any policeman shall be turned over to the city clerk immediately upon collection. (Prior code § 30-3-15)

2.34.150

 

Chapter 2.34.160    Powers of police--Search warrants.

    Whenever the chief of police or any policeman is satisfied that there is reasonable cause for searching any house, building, apartment, room, or place for property that has been stolen, embezzled or fraudulently obtained or for counterfeit or spurious money, or tools, machinery or materials for making the same, or for gaming apparatus, or implements used or kept and provided to be used in unlawful gaming, it shall be the duty of the chief of police or policeman to swear out a search warrant for the search of such premises, as provided by state law. (Prior code § 30-3-16)

2.34.160

 

Chapter 2.34.170    Record of arrests.

    The chief of police shall provide a suitable police record to be kept at the police headquarters in which each policeman making an arrest shall enter the name of the person arrested, where arrested, and on what charge, what property, if any, was taken or found on such person, and how disposed of, and also record his own name as the policeman making the arrest. (Prior code § 30-3-17)

2.34.170

 

Chapter 2.34.180    Absence of members of department--Permission required.

    No member of the police department shall absent himself from the city while on duty without permission from the chief of police or the mayor. (Prior code § 30-3-18)

2.34.180

 

Chapter 2.34.190    Designation of acting chief.

    In case of absence of the chief of police, the mayor shall designate some other member of the police force to assume the duties of the chief of police, who shall be termed acting chief and shall possess all the power and authority of the chief of police. (Prior code § 30-3-19)

2.34.190

 

Chapter 2.34.200    Refusal to aid police.

    Any policeman of the city shall have the power to call upon any person over the age of twenty-one (21) years to aid him in the arrest or in retaking into custody of any person having committed any unlawful act, or to aid in preventing the commission of any unlawful act, and no such person shall neglect or refuse to give such aid or assistance when so requested by any such policeman. (Prior code § 30-3-20)

 

Chapter 2.34.0502.34.060    Chief of police--Custodial functions.

    The chief of police shall be the custodian of all property provided by the city for the use of the police department. He shall also be the custodian of all stolen goods and all other property received and retained under police authority. (Prior code § 30-3-6)

2.34.060



 

Section 2.36

FIRE DEPARTMENT

Chapters:

2.36.010    Establishment--Composition.

2.36.020    Fire marshal.

2.36.030    Supervision by fire committee-- Fire marshal to be in active charge.

2.36.040    Fire marshal to have custody of property and equipment.

2.36.050    Fire marshal to attend fires.

2.36.060    Fire marshal to investigate causes of fires--Record.

2.36.070    Inspection of buildings, premises and streets--Order for correction of certain dangerous conditions.

2.36.080    Right of entry.

2.36.085    Key lock box entry system.

2.36.090    Agreements.

2.36.100    Foreign Fire Insurance Company Fee

Chapter 2.36.010    Establishment--Composition.

    There is created a fire department for the city which shall consist of a fire marshal and other firemen, all of whom are employees of the city, and none of whom are officers of the city. The number of such employees shall be fixed from time to time as the council may provide. (Prior code § 30-5-1)

2.36.010

 

Chapter 2.36.020    Fire marshal.

    The fire marshal of the fire department shall be named by the mayor with the approval of the council. All other employees shall be selected by the volunteer fire department and be subject to the approval by the mayor and city council. (Prior code § 30-5-2)

2.36.020

 

Chapter 2.36.030    Supervision by fire committee-- Fire marshal to be in active charge.

    The fire department shall be under the supervision of the fire committee. The fire department shall be in active charge of a fire marshal. (Prior code § 30-5-3)

2.36.030

 

Chapter 2.36.040    Fire marshal to have custody of property and equipment.

    The fire marshal shall have the custody, subject to the direction of the fire committee, of the engines, autos, trucks, ladders, alarm boxes, fire department buildings and all property and equipment belonging to the fire department. (Prior code § 30-5-4)

2.36.040

 

Chapter 2.36.050    Fire marshal to attend fires.

    It shall be the duty of the fire marshal, if in his power, to attend all fires in the city. (Prior code § 30-5-5)

2.36.050

 

Chapter 2.36.060    Fire marshal to investigate causes of fires--Record.

    The fire marshal shall investigate the causes of all fires which shall occur in the city as soon as possible after they occur and shall keep a record of his investigation and the circumstances of each case. (Prior code § 30-5-6)

2.36.060

 

Chapter 2.36.070    Inspection of buildings, premises and streets--Order for correction of certain dangerous conditions.

    It shall be the duty of the fire marshal to inspect or cause to be inspected by the fire department officers or members as often as may be necessary, all buildings, premises and public streets for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, or any violations of the provisions or intent of any ordinance of the city affecting the fire hazard. In private dwellings, such inspections shall be restricted to basements and cellars.

    Whenever any officer or member of the fire department shall find in any building or upon any premises or any other place, combustible or explosive matter or dangerous accumulation of rubbish or unnecessary accumulation of wastepaper, boxes, shavings or any other highly inflammable materials, especially liable to fire, and which is so situated as to endanger property, or shall find obstructions to or on fire escapes, stairs, passageways, doors or windows, liable to interfere with the operations of the fire department, or egress of occupants, in case of fire, he shall order the same to be removed or remedied, and such order shall forthwith be complied with by the owner or occupant of such premises or buildings, subject to appeal within twenty-four (24) hours to the mayor, who shall, within ten days, review such order and file his decision thereon, and unless the order is revoked or modified, it shall remain in full force and be obeyed by such owner or occupant.

    Any owner or occupant failing to comply with such order within ten days after such appeal shall have been determined or if no appeal is taken, then within ten days after the service of such order, shall be liable to a penalty.

    The service of any such order shall be made upon the occupant of the premises to whom it is directed by either delivering a true copy of same to such occupant personally or by delivering the same to and leaving it with any person in charge of the premises by affixing a copy thereof in a conspicuous place on the door to the entrance of such premises. Whenever it may be necessary to serve such an order upon the owner of the premises, such order may be served either by delivering to and leaving with the person a true copy of such order, or if such owner is absent from the jurisdiction of the officer making the order, by mailing such copy to the owner’ s last known post office address. (Amended during 1997 codification; prior code § 30-5-7)

2.36.070

 

Chapter 2.36.080    Right of entry.

    The fire marshal and other members of the fire department shall have the right to enter upon premises in order to investigate the origin of fires as required in Section 2.36.070, and to make the investigation referred to in Section 2.36.060. (Prior code § 30-5-8)

2.36.080

 

Chapter 2.36.085    Key lock box entry system.

        The following buildings or structures shall be equipped with a rapid entry key lock box system at or near the main entrance or such other location as shall be required by the fire chief:

    

    1.    All buildings within the city having an automatic alarm system, or equipped with an automatic fire suppression system, except one and two family dwellings;

    

    2.    Commercial and industrial structures identified by the fire chief as difficult to access during emergencies;

    

    3.    Multi-family residential structures that have restricted access through locked doors and that have a common corridor for access to rental units;

    

    4.    All high-rise buildings, i. e., structures have floors at or above 50 feet above ground level; and,

    

    5.    Governmental structures and nursing care facilities.

 

    All newly constructed structures subject to this section shall have the key lock entry box installed and operational prior to the issuance of an occupancy permit.  All structures in existence on the effective date of this section and subject to this section shall have six (6) months from the effective date of this section to have a key lock box entry system installed and operational.

    The fire chief shall designate the type of key lock box entry system to be implemented within the city and shall have the authority to require all buildings and structures subject to this section to use the designated system.

    The owner or operator of a building or structure required to have the key lock box entry system shall, at all times, keep a key in the lock box that will allow for access to the building or structure.

    The fire chief shall be authorized to implement the rules and regulations for use of the lock box entry system.

    Any person who owns or operates a structure or building required to have a key lock box entry system pursuant to this section who violates the same shall be subject to payment of a fine of not less than one hundred dollars ($100) nor more than seven hundred fifty dollars ($750).  Each day on which a violation occurs or continues shall be a separate offense.”

(Ordinance No. 2474, Added, 06/19/2006, Added Key Lock Box Entry System under Fire Department.)

 

Chapter 2.36.090    Agreements.

    The mayor is authorized to make and enter into agreements with corporations or organizations outside of the city limits. Such agreements shall be subject to the terms of this chapter, and shall contain a clause that the city shall in no wise, and under no circumstances be held liable for any loss or damage by reason of its failure to extinguish fires within the territory described in any such agreement. All such agreements shall contain a clause permitting the termination of the agreement upon six months notice. All such agreements so entered into shall be submitted to the city council at its next meeting for approval. (Prior code § 30-5-10)

 

Chapter 2.36.100    Foreign Fire Insurance Company Fee

        (A).     Foreign Fire Insurance Company Fee Imposed.

 

     Every corporation, company, and association which is not incorporated under the laws of the State of Illinois and which is engaged in effecting fire insurance in the City of Columbia, Illinois, (the “City”) shall pay to the Columbia City Clerk for the maintenance, use, and benefit of the Columbia Fire Department, a fee in the amount of two per cent (2%) of the gross receipts received from fire insurance upon property situated within the City. All payments under the provisions of this chapter shall be made on or before the fifteenth day of July following the termination of the year for which such payments are due.

 

    Every person acting as representative for or on behalf of any such company or association shall, on or before the fifteenth (15 th) day of July of each year, render to the City Clerk a full, true and just account, verified by his oath of all premiums which have been received by him on behalf of the company during the year ending the preceding July first (1st) on such fire insurance policies on property located within the City. Such agent shall at the time of rendering such report, pay to the City Clerk the sum of money for which the company, corporation, or association represented by him is chargeable, by virtue of the provisions of the Illinois Foreign Fire Insurance Fee Act and this Chapter.

 

    If the account is not rendered on or before the fifteenth (15 th) of July of each year, or if the sum due remains unpaid after that day, it shall be unlawful for any corporation, company, or association, so in default, to transact any business in the City until the sum due has been fully paid. This provision shall not relieve any corporation, company, or association from the payment of any loss upon any risk that may be taken in violation of this requirement.

 

     (B).    Foreign Fire Insurance Fee Board.

 

    1.     Establishment.    

 

    There is hereby established the Foreign Fire Insurance Fee Board, to be known as the Foreign Fire Insurance Board (and hereinafter referred to in this Chapter as “the Board” or the “Foreign Fire Insurance Board”).

 

    2.      Election of Officers.

 

    The Foreign Fire Insurance Board shall consist of five (5) officers who shall be elected from the non-probationary, non-civilian members of the Columbia Fire Department, (including the Firefighters, Captain and Chief of the fire department), as follows:

 

    (a)    Temporary Election Committee.    

 

    (1)    There is hereby established a temporary election committee to consist of three (3) members to be comprised of the Chief of the Columbia Fire Department and two (2) members to be selected by the Chief of the Fire Department and the President of the Fire Company from the non-probationary, non-civilian members of the Columbia Fire Department.

 

    (2)    The Temporary Election Committee shall be responsible for organizing, conducting, and supervising the initial election of the officers of the Foreign Fire Insurance Board by the members of the fire department. The committee shall establish election procedures consistent with the requirements of this Chapter and the Foreign Fire Insurance Company Fee Act of the State of Illinois (65 ILCS 5/1 1 -10-1, et. seq.).

 

    (b)    Election procedures.

 

    (1)    The Board shall develop a procedure governing the nomination of members to serve on the Foreign Fire Insurance Board. The nominating procedures, after the election of the initial members of the Board, shall be established a minimum of thirty (30) days prior to the expiration of the term of office of the Board member whose office is require to be filled by election.

 

    (2)    The Board shall develop procedures for the conduct of the election to elect Board members, same to be established a minimum of thirty (30) days before the expiration of the term of office of the Board member whose office is required to be filled by the election, except for the initial election of the Board members.

 

    (3)    Within 30 days of the effective date of the ordinance creating the Board, an election shall be held to elect the five (5) officers of the Board. Three (3) of the officers to be elected shall serve two-year terms of office. Two (2) of the officers to be elected shall serve one-year terms of office. Thereafter elections for officers to the Board shall be conducted in March of each year and each officer of the Board elected shall serve a two-year term of office. Officers shall take office immediately after their election.

 

     (c)    Vacancies in office.    

 

    (1)    Each Board officer shall hold office during his term unless the officer resigns from the Board or the Fire Department, retires from the Fire Department or is discharged, in which case the officer shall be immediately removed from the Board and the position deemed vacant.

 

(2)    Vacancies on the Board during an unexpired term shall be filled by election and such election shall be for the unexpired term.

    

     3.     Selection of the Chairman, Vice Chairman, Secretary and Treasurer of the Board.

 

    (a)     At the first meeting of the Board and every year thereafter, the officers shall select a Chairman, Vice-Chairman, Secretary and Treasurer of the Board. Each officer may serve in such capacity so long as such officer remains on the Board.

 

    (b)    The Treasurer of the Board shall give a sufficient bond to the City, to be approved by the Mayor. This bond shall be conditioned upon the faithful performance by the Treasurer of his duties under the statutes of the State of Illinois, this Chapter and the rules and regulations of the Board.

 

     4.     Powers, Duties and Procedures of the Board.

 

    (a)    The Board may establish rules and regulations consistent with the provisions of the Illinois Foreign Fire Insurance Fee Act and this Chapter governing the Board and the conduct of the meetings and business of the Board. After the initial election of the Board members, the Board shall provide for the election of its members and the management of its funds. These rules and regulations may be changed and amended from time to time as the Board shall decide.


    (b)    The expenditure of funds received by the Board shall be made solely for the maintenance, use and benefit of the Columbia Fire Department.

 

    (c)    The Board shall develop and maintain a list of those items the Board determines are appropriate expenditures for the maintenance, use and benefit of the Columbia Fire Department. The Board shall update the listing from time to time, but in no event less than every two (2) years. No expenditures shall be made for items not set forth on the list of appropriate expenditures.

 

    (d)    The Treasurer of the Board shall receive the appropriated funds from the City treasurer and shall pay out the money upon the order of the Board for the maintenance, use and benefit of the Columbia Fire Department for appropriate expenditures determined by the list of appropriate expenditures prepared and maintained by the Board.

 

    (e)    The funds the Treasurer of the Board receives from the City shall be included in the annual audit of the city and shall be audited to verify that the expenditure of the funds for purchases are for the maintenance, use, and benefit of the Columbia Fire Department.

 

    (f)    Any items purchased by the Board shall belong to the City and Title to any items purchased by the Board shall be in the City.

 

     5.     Board Meetings.

 

    (a)    The Board shall establish a regular time and place for its meetings and all meetings of the Board shall be conducted in compliance with the provisions of the Open Meetings Act.

 

    (b)     The Chairman (or in the absence of the Chairman, the Vice-Chairman) shall preside at all Board meetings. If the Chairman and the Vic-Chairman are both unable to attend any meeting, the Treasurer shall preside at the meeting. The Secretary shall keep record of the proceedings of all meetings and the actions of the Board, and the records shall be open to the public on reasonable notice to the Secretary.

 

    (c)    Three (3) members of the Board shall constitute a quorum for the purpose of conducting a meeting and a majority of a quorum shall be required for the transaction of the Board’s business.

 

    (d)    The Chairman or any three (3) members of the Board may call a special meeting at any time. Notice of a special meeting shall be in writing signed by the Chairman or the three (3) members of the Board. Such notice shall set forth the nature or the object of the special meeting.


    (e)    Any person shall be entitled to appear and be heard on any matter before the Board.

 

    (f)    Minutes of all Board meetings shall be filed with the City Clerk.

 

     6.  Marine Insurance.

 

    The provisions of this ordinance shall not be applicable to receipts from contracts of marine insurance, even though they include insurance against fire, where the premium for the fire insurance is not separately specified.”

(Ord. 2669, Amended, 01/21/2010, (B). Foreign Fire Insurance Fee Board - 2. Election of Officers. (a) Temporary Election Committee (2)  State Statutes was incorrect, changed to 65 ILCS 5/11-10-1; Ordinance No. 2669, Added, 07/21/2008, Added Chapter 2.36.100 Foreign Fire Insurance Company Fee; Ordinance No. 2669, Added, 07/21/2008, Added Chapter 2.36.100 Foreign Fire INsurance Company Fee.)



 

Section 2.38

RURAL FIRE PROTECTION DISTRICT

Chapters:

2.38.010    Housing of equipment.

2.38.020    Supervision and control of rural district.

2.38.030    Insurance coverage required.

2.38.040    Mutual aid.

2.38.050    Housing agreement and fee.

2.38.060    Additional services--Fees.

2.38.070    Exceptions.

2.38.080    Additional services.

2.38.090    Loss of territory.

Chapter 2.38.010    Housing of equipment.

    The city shall house all firefighting equipment and apparatus now owned or which may hereafter be owned by the Columbia rural fire protection district of Monroe and St. Clair Counties, Illinois, in the same manner as the municipal fire department apparatus and equipment is housed by the city. (Amended during 1997 codification; prior code § 30-6-1)

2.38.010

 

Chapter 2.38.020    Supervision and control of rural district.

    The apparatus and equipment of the Columbia rural fire protection district shall be operated under the control and supervision of the city fire marshal and his authorized assistants, and be operated by the Columbia volunteer fire company, or any successor thereto, in accordance with its by-laws and operating rules, consistent with the ordinances of the Columbia rural fire protection district, and all subject to the ordinances and codes of the city, the rules and regulations of the Illinois Fire Marshal, and the Department of Insurance, and the laws of the state of Illinois. (Prior code § 30-6-2)

2.38.020

 

Chapter 2.38.030    Insurance coverage required.

    Proper and adequate insurance coverage shall be carried upon the fire-fighting apparatus and equipment, upon any jointly owned apparatus and equipment, and upon the employees of the fire department, and on the firemen, including chauffeurs, drivers and their helpers, so far as the interests of the city or of the district may be concerned. (Prior code § 30-6-3)

2.38.030

 

Chapter 2.38.040    Mutual aid.

    In the event of emergency, but subject to the Statutes of the state of Illinois, and the ordinances and codes of the city or the district affecting the same, the city and the district shall mutually aid each other by the interchange of their fire-fighting equipment and apparatus and services, but neither the city nor the district shall be held liable or responsible for any damages incurred in the performance of such services or the exchange of equipment and apparatus, nor in their omission to perform services in connection with such emergency, and either party shall carry adequate and proper insurance to cover the equipment and apparatus of the other party while used in such interchange and for the purpose of mutual aid. (Prior code § 30-6-4)

2.38.040

 

Chapter 2.38.050    Housing agreement and fee.

    The Rural Fire Protection District shall lease from the City of Columbia the space it now occupies in the City's Public Safety Complex located at 1020 N. Main Street, Columbia, Illinois, and it shall pay to the City Clerk, as and for rental due for the use and occupancy of the City's Public Safety Complex to house the Rural Fire Protection District's equipment and apparatus, not later than the first day of each month, the following sums for the following terms, to wit:

 

         TERM                                                          MONTHLY FEE

 

    June 1, 2003 to April 30, 2004                $1,100.00

    May 1, 2004 to April 30, 2005                $1,125.00

    May 1, 2005 to April 30, 2006                $1,150.00

    May 1, 2006 to April 30, 2007                $1,175.00

    May 1, 2007 to April 30, 2008                $1,200.00

    May 1, 2008 to April 30, 2009                $1,225.00

    May 1, 2009 to April 30, 2010                $1,250.00

    May 1, 2010 to April 30, 2011                $1,275.00

    May 1, 2011 to April 30, 2012                $1,300.00

    May 1, 2012 to April 30, 2013                $1,325.00    

 

    

    Notwithstanding anything herein to the contrary, the lease may be terminated by either the City or the Fire Protection District by service of a written notice of that party's election to terminate the lease at least one (1) year prior to the lease termination date.  If the notice is to be served by the Fire Protection District, it shall be served upon the City Clerk or a Deputy City Clerk at the Columbia City Hall, 208 South Rapp Avenue, Columbia, Illinois, or such other address as the City shall keep the Fire Protection District advised.  If the notice is to be served by the City, it shall be served upon the Secretary of the Rural Fire Protection District, at an address which the Fire Protection District shall keep the City advised.

(2.38.050 (Ord. 2177), Amended, 05/19/2003)

 

Chapter 2.38.060    Additional services--Fees.

    The rural fire protection district shall further pay a fee to the city clerk for the following services:

    A.    Service charges on rural fire trucks’ radio units;

    B.    Defraying cost of control room operators;

    C.    Heat, water and electricity used in connection with the housing of the district equipment and apparatus, supplied by the city, and incurred in the housing, operation and management of the fire-fighting equipment and apparatus of the rural fire protection district.

    The fee to be paid shall be in the amount and for the term from time to time to be set by city ordinance. (Amended during 1997 codification; Ord. 457 § 2, 1980: prior code § 30-6-6)

2.38.060

 

Chapter 2.38.070    Exceptions.

    The charges specified in Sections 2.38.050 and 2.38.060 shall not include any expense for insurance, maintenance, repairs or replacements of any fire-fighting equipment or apparatus now owned, or which may hereafter be owned by the rural fire protection district; and the city shall not be held liable for any damages incurred in the performance of services, nor in its omission to perform such services, intended under this chapter. (Prior code § 30-6-7)

2.38.070

 

Chapter 2.38.080    Additional services.

    Whenever additional services, not provided hereunder, may be necessary or required to carry out the intent and purpose of this agreement, the city and the district shall, by mutual agreement make provision for such services and for the payment therefore. (Prior code § 30-6-8)

2.38.080

 

Chapter 2.38.090    Loss of territory.

    In the event the Columbia rural fire protection district should lose territory by the annexation of the same to the city, the charges specified in Sections 2.38.050 and 2.38.060 shall be reduced in proportion to the area lost thereby on the basis of seventy-five dollars ($75.00) per square mile on an annual basis. If a square mile of territory shall be so lost there shall be a reduction of twenty-five dollars ($25.00) in the charge for rent and fifty dollars ($50.00) in the charge for services, which amounts shall be reduced proportionately in case the area lost is less than a square mile. This adjustment shall commence with the time the district starts to lose tax revenue by reason of such annexation. (Ord. 457 § 3, 1980: prior code § 30-6-9)



 

Section 2.40

AUXILIARY POLICE

Chapters:

2.40.010    Appointment.

2.40.020    Status within police department.

2.40.030    Powers and duties.

2.40.040    Training course.

2.40.050    Compensation.

Chapter 2.40.010    Appointment.

    The mayor is authorized to appoint auxiliary policemen as employees, subject to the advice and consent of the city council. Prior to appointment, all proposed auxiliary policemen shall be fingerprinted and their fingerprints shall be checked with the Federal Bureau of Identification, Washington, D.C., for any possible criminal record. No person shall be appointed as an auxiliary policeman if he has been convicted of a felony or other crime involving moral turpitude. The appointment of any or all auxiliary policemen may be terminated by the mayor, subject to the advice and consent of the city council. (Prior code § 30-2-1)

2.40.010

 

Chapter 2.40.020    Status within police department.

    Such auxiliary policemen shall not be members of the regular police department of the city. Auxiliary policemen shall be residents of the city. Identification symbols worn by such auxiliary policemen shall be different and distinct from those used by the regular police department and shall be selected and chosen by the chief of police of the city. Auxiliary policemen shall, at all times, during the performance of their duties, be subject to the direction and control of the chief of police of this city. (Prior code § 30-2-2)

2.40.020

 

Chapter 2.40.030    Powers and duties.

    Auxiliary policemen shall have the following powers and duties when properly assigned and on duty:

    A.    To aid or direct traffic in this municipality;

    B.    To aid in control of natural or man-made disasters;

    C.    To aid in case of civil disorder;

    D.    To perform normal and regular police duties when assigned by the chief of police on occasions when it is impracticable for members of the regular police department to perform normal and regular police duties. (Prior code § 30-2-3)

2.40.030

 

Chapter 2.40.040    Training course.

    Auxiliary policemen, prior to entering upon any of their duties shall receive a course of training in the use of weapons and other police procedures by the chief of police. (Prior code § 30-2-4)

2.40.040

 

Chapter 2.40.050    Compensation.

    Auxiliary policemen shall receive compensation as may be set from time to time by the salary resolution. (Prior code § 30-2-5)



 

Section 2.42

HEALTH OFFICER

Chapters:

2.42.010    Creation of office.

2.42.020    Duties.

2.42.030    Analysis.

2.42.040    Inspections.

Chapter 2.42.010    Creation of office.

    There is created the office of health officer who shall be appointed by the mayor by and with the advice and consent of the city council. (Prior code § 2-12-1)

2.42.010

 

Chapter 2.42.020    Duties.

    The health officer shall be an enforcing officer of the board of health, and shall see to the enforcement of all rules of the board and shall see to the enforcement of quarantine. He shall give to the council information and advice concerning the health of the city and shall perform such other duties as may be assigned to him by the city council. (Prior code § 2-12-2)

2.42.020

 

Chapter 2.42.030    Analysis.

    It shall be the duty of the health officer to make or cause to be made analysis of any food or drink alleged to be tainted or unwholesome and to analyze the drinking water of the city whenever requested to do so by the city council. (Prior code § 2-12-3)

2.42.030

 

Chapter 2.42.040    Inspections.

    The health officer shall assist in the enforcement of all ordinances relating to the sale or storage of food and drink intended for human consumption, and shall make or cause to be made such tests and analyses and inspections as may be necessary for this purpose. (Prior code § 2-12-4)



 

Section 2.44

BOARD OF HEALTH

Chapters:

2.44.010    Creation.

2.44.020    General duties.

2.44.030    Quarantine--Vaccination.

2.44.040    Orders--Notices.

Chapter 2.44.010    Creation.

    There is created the board of health for the city which shall consist of the mayor, who shall be chairman thereof, all the members of the city council, the city clerk, who shall be secretary of such board, and such other members as the mayor and council shall, from time to time provide for and appoint. (Prior code § 3-1-1)

2.44.010

 

Chapter 2.44.020    General duties.

    The board of health shall have the powers and perform the duties assigned to it by statute or ordinance. It shall be the duty of the board of health to enforce all ordinances of the city which relate to public health, or relate to nuisance.

    The board of health shall make all necessary rules and regulations for the protection of the health of the inhabitants of the city and to guard against the spread of contagious diseases, and to prevent by necessary rules the diseases, contagious or otherwise within the corporate limits of the city. (Prior code § 3-1-2)

2.44.020

 

Chapter 2.44.030    Quarantine--Vaccination.

    The board of health is authorized to make such reasonable rules as may be necessary regarding quarantine and vaccination, for the prevention and spread of contagious diseases, and to quarantine premises where such diseases occur for such time as may be necessary to protect public health.

    The board shall have the power to prevent persons from entering or leaving premises on which a case of contagious or epidemic disease occurs or is found, and to placard the same with signs indicating the nature of such disease and the existence of the quarantine. (Prior code § 3-1-3)

2.44.030

 

Chapter 2.44.040    Orders--Notices.

    Any person violating any order of the board of health or refusing to obey any such order or destroying, mutilating or concealing any notice posted by or under the authority of the board of health shall be fined not less than five dollars ($5.00), nor more than five hundred dollars ($500.00) for each offense. (Prior code § 3-1-4)



 

Section 2.46

BOARD OF FIRE AND POLICE COMMISSIONERS

Chapters:

2.46.010    Applicability of provisions.

2.46.020    Established.

2.46.030    Exception.

2.46.040    Appointment of members.

2.46.050    Membership generally.

2.46.060    Secretary--Duties.

2.46.070    Compensation.

2.46.080    City council responsibilities toward board.

2.46.090    Chief of police and assistant chief.

2.46.100    Appointment and removal of firemen.

2.46.110    Rules and regulations-- Promulgation authority.

2.46.120    City attorney’ s authority.

2.46.130    State provisions adopted by references.

Chapter 2.46.010    Applicability of provisions.

    This chapter shall apply only to full-time policemen of the city and not to any other personnel of any kind or description. (Ord. 866 § 11, 1990)

2.46.010

 

Chapter 2.46.020    Established.

    Pursuant to the provisions of and as required by Division 2.1 of Article 10 of the Illinois Municipal Code for municipalities of at least five thousand (5,000) and not more than two hundred fifty thousand (250,000) population, effective when the Federal census of 1990 establishes the population of the city, to be five thousand (5,000) or more, a board of fire and police commissioners, consisting of three members, is established for the city. (Ord. 866 § 1, 1990)

2.46.020

 

Chapter 2.46.030    Exception.

    So long as fire protection for the city is provided by other than the city and unless and until the city establishes a full time fire department, this chapter shall not apply to the appointment of firemen. (Ord. 866 § 2, 1990)

2.46.030

 

Chapter 2.46.040    Appointment of members.

    Within thirty (30) days after the ordinance codified in this chapter becomes effective, the mayor, with the advice and consent of the city council, shall appoint the first members of the board. One of the members shall be appointed to serve until the end of the then current municipal year, another to serve to the end of the municipal year next ensuing, and the third to serve until the end of the municipal year second next ensuing. However, every member shall serve until his successor is appointed and has qualified.

    Vacancies on the board shall be filled in the same manner as the original appointments.

    The board members shall select a chairman to serve during the municipal fiscal year.

    A majority of the board constitutes a quorum for the conduct of all board business. (Ord. 866 § 3, 1990)

2.46.040

 

Chapter 2.46.050    Membership generally.

    Members of the board shall be considered officers of the city, and shall file an oath and a fidelity bond in such amount as may be required by the governing body of the city.

    No person holding another city office shall be a member of the board or the secretary thereof. The acceptance of any such office by a member of the board shall be treated as a resignation of his office as a member of the board and/or the secretary of the board. No person shall be appointed a member of the board who is related, either by blood or marriage up to the degree of first cousin, to any elected official of the city. No more than two members of the board shall belong to the same political party as determined by state or national political party affiliations. Party affiliations shall be determined by affidavit of the person appointed as a member of the board.

 

    Board members shall not be subject to removal, except for cause, upon written charges, and after an opportunity to be heard within thirty (30) days in his or her own defense, before a regular meeting of the city council. The majority vote of the mayor and elected members of the city council shall be required to remove any board member from office. (Ord. 866 § 4, 1990)

2.46.050

 

Chapter 2.46.060    Secretary--Duties.

    The board may employ a secretary, or may designate one of its own members to act as secretary. The secretary shall: (1) keep the minutes of the board’s proceedings; (2) be the custodian of all records pertaining to the business of the board; (3) keep a record of all examinations held; (4) perform all other duties the board prescribes; and (5) be custodian of the seal of the board, if one is adopted, and the board is authorized to adopt an official seal and to prescribe the form thereof by resolution of the board. (Ord. 866 § 5, 1990)

2.46.060

 

Chapter 2.46.070    Compensation.

    A.    The secretary may be paid a reasonable compensation for his or her services, to be fixed by the mayor and the city council. Board members, other than a board member who also serves as secretary of the board, shall be reimbursed for reasonable expenses incurred in the discharge of their duties.

    B.    All board members, in addition to reimbursement for reasonable expenses incurred in the discharge of their duties, shall be paid twenty-six dollars ($26.00) per monthly meeting attended, however, the maximum compensation to be paid per month will be twenty-six dollars ($26.00). (Ord. 1588 § 1, 1997; Ord. 866 § 6, 1990)

2.46.070

 

Chapter 2.46.080    City council responsibilities toward board.

    The city council shall provide a suitable room at the City Hall for the board of fire and police commissioner meetings, and shall allow reasonable use of the City Hall auditorium for holding examinations by the board and shall provide adequate funds in the annual appropriation ordinance for the operation of the board. (Ord. 866 § 7, 1990)

2.46.080

 

Chapter 2.46.090    Chief of police and assistant chief.

    The chief of police shall be appointed by the mayor with the advice and consent of the city council and may be removed or discharged by the mayor and the city council in accordance with the provisions of Chapter 2.22 and in accordance with Section 10-2.1-4 of the Act. The assistant chief of police shall be appointed by the mayor with the advice and consent of the city council and may be removed or discharged by the mayor and city council as provided in Chapter 2.24. All other full- time police officers shall be appointed, promoted, removed or discharged in the manner provided in Division 2.1 of Article 10 of the Illinois Municipal Code. (Ord. 866 § 8 (part), 1990)

2.46.090

 

Chapter 2.46.100    Appointment and removal of firemen.

    If the city becomes disconnected from the Columbia rural urban fire protection district and provides by ordinance for the creation and operation of a fire department by full-time firemen employed by the city, such firemen, except the chief of the fire department, who shall be appointed by the mayor with the advice and consent of the city council, shall be appointed, promoted, removed or discharged in the same manner as policemen. (Ord. 866 § 8 (part), 1990)

2.46.100

 

Chapter 2.46.110    Rules and regulations-- Promulgation authority.

    The board of fire and police commissioners shall adopt and publish rules and regulations for the conduct of examinations for original appointments, for promotions, and to conduct the hearings on charges brought against a member of the police department. No such rules shall be made by the board to govern the operation of the police department or the conduct of its members. The board may, from time to time, revise its rules and regulations in the same manner as for the adoption of the original rules and regulations of the board. (Ord. 866 § 9, 1990)

2.46.110

 

Chapter 2.46.120    City attorney’ s authority.

    The city attorney shall represent the board and shall handle prosecutions before the board. (Ord. 866 § 10, 1990)

2.46.120

 

Chapter 2.46.130    State provisions adopted by references.

    Division 2.1 of Article 10 of the Illinois Municipal Code, as amended, (Ill. Rev. Stat., Ch. 24, Sec. 10-2.1-1, et. seq.), is incorporated in and made part of this chapter the same as if recited herein verbatim. In case of any conflict between the provisions of this chapter and said Act, said Act shall control. If, and as, the Act is amended, from time to time, the provisions of this chapter in conflict with the Act as a result of the amendment, shall be construed as having been amended by the amendment to the Act and shall be read, construed and applied in accordance with the provisions of said amended Act. (Ord. 866 § 12, 1990)



 

Section 2.48

BOARD OF LIBRARY DIRECTORS

Chapters:

2.48.010    Establishment.

2.48.020    Term.

2.48.030    Special tax.

2.48.040    Organization.

2.48.050    Duties and functions.

2.48.060    Rules and regulations.

Chapter 2.48.010    Establishment.

    There shall be a board of library directors for the city as provided by statute. The board shall consist of nine directors, who shall be residents of the city, to be appointed by the mayor, by and with the advice and consent of the council, and not more than one director shall be a member of the city council. (Prior code § 3-2-1)

 

Chapter 2.48.020    Term.

    The term of the library directors shall be three years, and until their successors are appointed; terms to be staggered so that three terms expire each year, as provided by statute. (Prior code § 3-2-2)

 

Chapter 2.48.030    Special tax.

    The special library tax shall be levied and collected each year as is provided by statute. (Prior code § 3-2-3)

 

Chapter 2.48.040    Organization.

    The library directors shall select a president and secretary as provided by statute, and such other officers as they deem necessary, and shall meet at such times as the library board may determine, but shall post notice of such official meetings as required by statute. (Prior code § 3-2-4)

 

Chapter 2.48.050    Duties and functions.

    The library board shall have charge of the operation of the city library, and of the expenditure of all library funds. Each year, it shall file a report with the city council, containing, among other things, an itemized statement of the expenses anticipated for the coming year, as required by statute. (Prior code § 3-2-5)

 

Chapter 2.48.060    Rules and regulations.

    The board of library directors shall have the power to make any reasonable rules and regulations governing the use of the library and library facilities, and to exclude from the use of the library any person(s) who willfully violate the rules and regulations prescribed by the board. (Prior code § 3-2-6)



 

Section 2.49

COLUMBIA CIVIC PROGRESS COMMITTEE

Chapters:

2.49.010    Committee name.

2.49.020    Purpose and functions.

2.49.030    Membership.

2.49.040    Officers.

2.49.050    Meetings.

2.49.060    Committees.

2.49.070    Fiscal year.

Chapter 2.49.010    Committee name.

        

        The name of this committee shall be the “Columbia Civic Progress Committee”.

(Ord. 244y6, Added, 02/20/2006, Added 2.49.010 Committee name.)

 

Chapter 2.49.020    Purpose and functions.

         The Columbia Civic Progress Committee shall:

 

    (A)    Promote, encourage, and guide the orderly development and use of the Columbia Main Street Corridor in harmony with the Master Plan of the City and appropriate Commissions and Boards.

 

    (B)    Serve in an advisory capacity to the Columbia City Council on matters concerning Main Street and business development throughout the City.

 

    (C)    Provide administration through the Economic Development Department for Civic Progress and Main Street programs.

 

    (D)    Find and secure revenue, services, and real or personal property for uses related to the goals and purposes of the committee, from individuals, organizations, municipal corporations and any other source permitted by law.  All funds, services and real and personal property received by the committee shall be received in the name of the City, and such funds shall be forthwith delivered to the City Treasurer for deposit in one (1) or more appropriately designated accounts to be used for the purposes required by the donor or the committee.

 

    (E)    Submit an annual budget request through the Economic Development Department.

 

    (F)    Provide an annual report of the activities and revenues of the committee to the City Council not later than June 30 of each calendar year and render such additional reports as the City Council may request.

(Ord. 2446, Added, 02/20/2006, Added 2.49.020 Purpose and functions.)

 

Chapter 2.49.030    Membership.

       (A)   The Civic Progress Committee shall consist of thirteen (13) members, who shall be appointed by the Mayor with the advice and consent of the City Council.

           

                The terms for the new members shall be staggered as follows:  (Terms for new members per Ordinance No. 2888 (09/06/2011))    

          

(1)    Two (2) members to serve for a one-year term;

 

(2)    One (1) member to serve for a two-year term;

 

(3)    One (1) member to serve for a three-year term;

 

Each term to be determined by lot at the first meeting where these new members are seated.                   

 

        (B)    All members appointed shall be residents of the City or shall be owners of real estate or owners or executive or managerial employees of owners of businesses located within the corporate City limits.

 

        (C)    The terms of office for each of the members of the Civic Progress Committee shall be three (3) years, except for the initial committee members who shall be appointed to serve staggered terms, as determined by lot drawn at the first meeting of the committee, as follows:

 

            (1)    Three (3) members to serve until April 30, 2007.

 

            (2)    Three (3) members to serve until April 30, 2008.

 

            (3)    Three (3) members to serve until April 30, 2009.

 

        (D)    Notwithstanding anything in the preceding Subparagraph “C” of the Articles, initial and regular members of the Civic Progress Committee shall, in each instance, serve until their successor is appointed and has qualified.  Any member may be reappointed at any time. Vacancies shall be filled by appointment for the remainder of the unexpired term of the vacated committee office.  Any member may be removed by the Mayor for cause, with the approval of the City Council. All members shall serve without compensation.

(Ord. 2446, Added, 02/20/2006, Added 2.49.030 Membership)

 

Chapter 2.49.040    Officers.

         The Civic Progress Committee members shall select a Chairman, Vice-Chairman, Secretary and such other officers as they may deem advisable from amongst their members, to serve annually for one (1) year terms.  The initial election of officers shall be held at the first meeting of the committee, with subsequent elections to be held on the first regular meeting in May of each year.

(Ord. 2446, Added, 02/20/2006, Added 2.49.040 Officers.)

 

Chapter 2.49.050    Meetings.

             Regular meetings of the Civic Progress Committee shall be held at regularly scheduled times and special meetings of the committee may be held at the call of the Chairman.  Five (5) members of the committee shall constitute a quorum for the conduct of all meetings of the committee and the favorable vote of a majority of a quorum of the members present for a meeting shall be required for the conduct of all business of the committee.  If a member is absent without cause for three (3) consecutive regular meetings, his membership shall be subject to forfeiture for cause by the Chairman, with the concurrence of a majority of members of the committee then holding office.  In that event, the Chairman shall request that the Mayor appoint a replacement member to serve out the unexpired term of the member whose office was forfeited.  The committee shall adopt rules for the conduct of its meetings and its business.  A copy of said committee rules shall be on file with the Secretary of the committee and available for inspection and copying by members of the committee at all times.  The committee rules shall also be filed with the City Clerk and available for public inspection upon request during the normal business hours of the office of the City Clerk.

(Ord. 2446, Added, 02/20/2006, Added 2.49.050 Meetings.)

 

Chapter 2.49.060    Committees.

         (A)    Executive Committee.  There shall be an Executive Committee of the Columbia Civic Progress Committee the membership of which shall be comprised of the elected officers of the committee. The Executive Committee shall be a working committee and shall meet as necessary to manage the business, accomplish and effectuate the goals and purposes of the Columbia Civic Progress Committee, and for such other matters as may be designated by the Civic Progress Committee from time to time.

 

    (B)    Other Committees.  The Columbia Civic Progress Committee may appoint such other committees to be comprised of members from the Columbia Civic Progress Committee as it may deem necessary or appropriate to accomplish and effectuate its goals and purposes.  Any appointed committee shall be responsible to and report to the executive committee which shall, in turn report to the Civic Progress Committee.  

(Ord. 2446, Added, 02/20/2006, Added 2.49.060 Committees.)

 

Chapter 2.49.070    Fiscal year.

        The fiscal year of the Columbia Civic Progress Committee shall commence on the first day of May of each year and shall end on April 30 of the following year.

(Ord. 2446, Added, 02/20/2006, Added 2.49.070 Fiscal year.)



 

Section 2.50

BUILDING INSPECTOR

Chapters:

2.50.010    Appointment.

2.50.020    Duties.

2.50.030    Stop order.

2.50.040    Entry powers.

2.50.050    Violation--Penalty.

Chapter 2.50.010    Appointment.

    There is created the position of building inspector who shall be appointed by the mayor by and with the advice and consent of the city council. (Prior code § 2-9-1)

 

Chapter 2.50.020    Duties.

    It shall be the duty of the building inspector to see to the enforcement of all ordinance provisions relating to buildings or zoning and to inspect all buildings or structures being erected or altered, as frequently as may be necessary to insure compliance with the ordinances of the city. (Prior code § 2-9-2)

 

Chapter 2.50.030    Stop order.

    The building inspector shall have the power to order all work stopped on construction or alteration or repair of buildings or structures in the city when such work is being done in violation of any provision of any ordinance relating thereto, or in violation of any zoning ordinance. Work shall not be resumed after the issuance of such an order, except on the written permission of the inspector or the mayor; provided, that if the stop order is an oral one, it shall be followed by a written stop order within an hour. Such written stop order may be served by any policeman. (Prior code § 2-9-5)

 

Chapter 2.50.040    Entry powers.

    The building inspector shall have the power to make or cause to be made an entry into any building or premises where the work of altering, repairing or constructing is going on, for the purpose of making inspection, at any reasonable hour. (Prior code § 2-9-6)

 

Chapter 2.50.050    Violation--Penalty.

    Any person, firm or corporation who shall continue to work in violation of a stop order of the building inspector shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each day on which any work in violation of such stop order is done. (Prior code § 2-9-7)



 

Section 2.52

PLUMBING INSPECTOR

Chapters:

2.52.010    Creation of position.

2.52.020    Duties.

2.52.030    Stop order.

2.52.040    Entry powers.

2.52.050    Violation--Penalty.

Chapter 2.52.010    Creation of position.

    There is created the position of plumbing inspector, an executive office of the city. The plumbing inspector shall be appointed by the mayor, by and with the advice and consent of the city council. (Prior code § 2-10-1)

 

Chapter 2.52.020    Duties.

    It shall be the duty of the plumbing inspector and he is empowered to enforce all city ordinances relating to the installation, care and standards of plumbing. He shall make all necessary inspections and tests which may be needed in the performance of his duties. (Prior code § 2-10-2)

 

Chapter 2.52.030    Stop order.

    Whenever the plumbing inspector shall find plumbing work being done in violation of the city ordinances, he shall have the power to order the work stopped until the ordinances are complied with. It is unlawful to continue any such work after a stop order has been issued, except upon written order of the mayor or of the plumbing inspector; provided that when such a stop order is an oral order, it shall be followed by a written stop order within an hour. (Prior code § 2-10-3)

 

Chapter 2.52.040    Entry powers.

    The plumbing inspector shall have the power to enter any building or premises on or in which plumbing fixtures or pipes are being installed, altered or repaired, at all reasonable hours, to make inspections to insure compliance with the ordinances of the city relative thereto. (Prior code § 2-10-4)

2.52.010    Creation of position.

 

Chapter 2.52.050    Violation--Penalty.

    Any person, firm or corporation who shall continue work in violation of a stop order shall be fined not less than twenty-five dollars ($25.00), nor more than five hundred dollars ($500.00) for each offense; and a separate offense shall be deemed committed on each day during or on which a violation of a stop order occurs or continues. (Prior code § 2-10-5)



 

Section 2.54

BIDDING AND CONTRACT PROCEDURES

Chapters:

2.54.010    Competitive bidding required.

2.54.020    Formal contract procedure.

2.54.030    Notice inviting bids.

2.54.040    Scope of notice.

2.54.050    Bid deposits.

2.54.060    Bid opening procedure.

2.54.070    Rejection of bids.

2.54.080    Bidders in default to city.

2.54.090    Award of contract.

2.54.100    Open market procedure.

2.54.110    Professional services exempt from bidding requirements.

2.54.120    Emergency purchases.

2.54.130    Cooperative purchasing.

2.54.140    Statute law.

Chapter 2.54.010    Competitive bidding required.

    Any work or other public improvement which is not to be paid for in whole or in part by special assessment or special taxation and does not involve a contract with the federal government or any agency thereof, and all purchases of and contracts for supplies, materials and services not involved in public works projects shall, except as specifically provided herein, be based whenever possible on competitive bids. (Ord. 977 § 1 (part), 1992: prior code § 2-4-8(A))

 

Chapter 2.54.020    Formal contract procedure.

All work and other public improvement which is:  (i) not to be paid for in full or in part by special assessment or special taxation; (ii) does not involve a contract with the federal government or an agency thereof; (iii) does not involve architectural, engineering and land surveying services; (iv) does not involve the city completing the construction of such work by employing its own labor and for which the city will employ competitive bidding for the purchase of materials of a value of Ten Thousand Dollars ($10,000) or more; and, (v) the cost or expense of which is in excess of Ten Thousand Dollars ($10,000), shall be purchased from the lowest responsible bidder, after due notice inviting bids in accordance with the requirements of this section, unless competitive bidding is waived or dispensed with by a vote of two-thirds (2/3s) of the aldermen holding office on the city’s city council. (65 ILCS 5/8-9-1).

(Ordinance No. 2562, Amended, 05/21/2007, Changed Chapter 2.54.020.)

 

Chapter 2.54.030    Notice inviting bids.

    Where competitive bidding is required, notice inviting bids shall be published at least once in a newspaper with general circulation within the city. The city shall also advertise all pending work or purchases required to be placed by public bidding by posting a notice thereof on the public bulletin board in the City Hall. Such other and further, or different, notices inviting bids shall be published as the city council shall decide, including but not limited to trade journal publications. (Ord. 977 § 1 (part), 1992: prior code § 2-4-8(C))

2.54.010    Competitive bidding required.

 

Chapter 2.54.040    Scope of notice.

    The newspaper notice required in Section 2.54.030 shall include a general description of the work to be performed or the articles to be purchased, shall state where specifications may be secured, and the time and place for opening bids. (Ord. 977 § 1 (part), 1992: prior code § 2-4-8(D))

2.54.040    Scope of notice.

 

Chapter 2.54.050    Bid deposits.

    When deemed necessary by the city council, bid deposits shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to the return of their bid deposit upon the award of the contract by the city council. A successful bidder shall forfeit any bid deposit required by the city council upon failure of the successful bidder to enter into a contract with the city within ten days after the award, owing to the fault or neglect of the successful bidder. (Ord. 977 § 1 (part), 1992: prior code § 2-4-8(E))

 

Chapter 2.54.060    Bid opening procedure.

    A.    Sealed. Bids shall be submitted sealed to the city clerk and shall be identified as bids (referring to the work or purchase involved for which the bids were invited) on the envelope.

    B.    Opening. Bids shall be opened in public at the time and place stated in the public notice.

    C.    Tabulation. A tabulation of all bids received shall be made by the city clerk or by such other officer or agent of the city as the city council shall designate, and a tabulation of the bids shall be furnished to the members of the city council at its next regular meeting after the bid opening in the event the bids are not opened at a regular meeting of the city council. (Ord. 977 § 1 (part), 1992: prior code § 2-4-8(F))

 

Chapter 2.54.070    Rejection of bids.

    The city shall have the authority to reject all bids or parts of all bids when the public interest will be served thereby. (Ord. 977 § 1 (part), 1992: prior code § 2-4-8(G))

 

Chapter 2.54.080    Bidders in default to city.

    The city shall have the right to reject the bid of any contractors who is in default on the payment of taxes, licenses or other moneys due the city. (Ord. 977 § 1 (part), 1992: prior code § 2-4-8(H))

 

Chapter 2.54.090    Award of contract.

    A.    Authority in City. The city council shall have the authority to award contracts within the purview of this chapter.

    B.    Lowest Responsible Bidder. Where competitive bidding is required for a city contract, the contract shall be awarded to the lowest responsible bidder on the basis of the bid that is, in the opinion of the city council, in the best interest of the city to accept. In awarding the contract, in addition to price, the city council shall consider:

    1.    The ability, capacity and skill of the bidder to perform the contract to provide the service required;

    2.    Whether the bidder can perform the contract or provide the services promptly or within the time specified, without delay or interference;

    3.    The character, integrity, reputation, judgment, experience and efficiency of the bidder;

    4.    The quality of the performance of previous contracts or services;

    5.    The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;

    6.    The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;

    7.    The quality, availability and adaptability of the supplies or contractual services to the particular use required;

    8.    The ability of the bidder to provide future maintenance and service for the subject of the contract;

    9.    The number and scope of conditions attached to the bid.

    C.    Performance Bonds. The city council shall have the authority to require a performance bond, before entering into a contract, in such amounts as the city council shall find reasonably necessary to protect the best interests of the city. (Ord. 977 § 1 (part), 1992: prior code § 2-4-8(I))

 

Chapter 2.54.100    Open market procedure.

All work and purchases of supplies, materials and services of a cost or expense of Ten Thousand Dollars ($10,000.00) or less, may be made in the open market, without newspaper advertisement and without observing the procedure prescribed by this section for the awarding of formal contracts requiring competitive bids, as follows:

 

    (1) If the cost or purchase involved does not exceed One Thousand Dollars ($1,000.00), the same may be incurred for the City by any City Department Head, or their designee, without prior approval of the City’s City Council or the City’s Administrator.

 

    (2) If the cost or purchase involved exceeds One Thousand Dollars ($1,000.00) but does not exceed Ten Thousand Dollars ($10,000.00), the same may be incurred for the City by any Department Head, or their designee, only with the prior approval of the City Administrator.

 

    (3) If the cost or purchase involved exceeds Ten Thousand Dollars ($10,000.00) the same may only be incurred for the City by the prior approval of the City’s City Council, by enactment of an appropriate City Council Order, Resolution or Ordinance.

 

        (4) Prior to the beginning of each fiscal year of the City, all City Department Heads shall submit to the City Administrator for the City Administrator’s prior approval, the name and job title of the Department Head’s designee(s) to be authorized to incur costs or make purchases for the City for the forthcoming fiscal     year of the City. Likewise, during any fiscal year of the City should a City Department Head desire to change or add to the designee(s) in their department that will be authorized to incur cost or make purchases for the City, the Department Head will be required to obtain prior approval for the same from the City Administrator.

    

 

(Ord. 977 § 1 (part), 1992: prior code § 2-4-8(J))

(OrdinanceNo. 2562, Amended, 05/21/2007, Changed Chapter 2.54.100.)

 

Chapter 2.54.110    Professional services exempt from bidding requirements.

    All contracts for professional services, including but not limited to, attorneys, engineers, real estate appraisers, and architects and any other profession whose ethical code prohibits or discourages involvement in bidding procedures, may be entered into by the city without observing the bidding procedures prescribed by this section for the award of formal contracts. (Ord. 977 § 1 (part), 1992: prior code § 2-4-8(K))

 

Chapter 2.54.120    Emergency purchases.

    In case of an apparent emergency which requires immediate work or purchase of supplies, materials or services, the city council shall be empowered to secure by open market procedure, at the lowest practicable price obtainable, any work, supplies, materials or services regardless of the amount of the expenditure. (Ord. 977 § 1 (part), 1992: prior code § 2-4-8(L))

 

Chapter 2.54.130    Cooperative purchasing.

    The city shall have the authority to join with other units of government in cooperative purchasing plans when the best interests of the city would be served thereby in the opinion of the city council. (Ord. 977 § 1 (part), 1992: prior code § 2-4-8(M))

 

Chapter 2.54.140    Statute law.

    The terms and provisions contained in this ordinance are enacted pursuant to authority granted by Sections 8-9-1 and 8-9-2 of the Illinois Municipal Code (Ill. Rev. Stat., Ch. 24, Paras. 8-9-1 and 8-9-2). (Ord. 977 § 1 (part), 1992: prior code § 2-4-8(N))



 

Section 2.56

FEES AND CHARGES FOR CITY SERVICES AND BUSINESS LICENSES

Chapters:

2.56.010    Fees and charges.

Chapter 2.56.010    Fees and charges.

    All fees and charges to be paid to the city shall be in the amount and for the term from time to time to be set by city ordinance. (Added during 1997 codification)



 

Section 2.58

PUBLIC RECORDS

Chapters:

2.58.010    Definitions.

2.58.020    Available for public inspection.

2.58.030    Copies of public records.

2.58.040    Removal of records prohibited.

Chapter 2.58.010    Definitions.

    Except where the context indicates otherwise, the terms used in this chapter are defined as follows:

    "Agency" means all parts, boards, departments, bureaus and commissions of the city.

    "Officer" means any elected or appointed official of the city.

    "Public record" means any book, paper, map, photograph or other official documentary material regardless of physical form or character, made, produced, executed or received by any agency or officer pursuant to law or in connection with the transaction of public business and preserved or appropriate for preservation by such agency or officer, or any successor thereof, as evidence of the organization, function, policies, decision, procedures or other activities thereof, or because of the informational data contained therein. "Public record" shall also mean any reports and records of the obligation, receipt and use of public funds of any agency of the city. (Prior code § 2-4-14.1)

2.58.010    Definitions.

 

Chapter 2.58.020    Available for public inspection.

    Public records shall be available for inspection by the public. These records shall be kept at the official place of business of each agency or officer, or at a designated place of business of such agency or officer. These records shall be available for public inspection during regular office hours, except when in any use by persons exercising official duties which require the use of such records. The person in charge of such records may require a notice in writing to be submitted twenty-four (24) hours prior to inspection and may require that such notice specify which records are to be inspected. Nothing in this section shall require an agency or officer to invade or assist in the invasion of any person’ s right to privacy. (Prior code § 2-4-14.2)

2.58.020    Available for public inspection.

 

Chapter 2.58.030    Copies of public records.

    Any person authorized to inspect public records in accordance with Section 2.58.020, may obtain a copy of the record so inspected at such person’s cost. The person in charge of such records shall furnish copies of any records in his possession not exceeding fourteen inches by eight and one-half inches at a cost of twenty-five cents ($.25) for each side of each page of such records so furnished. (Prior code § 2-4-14.3)

2.58.030    Copies of public records.

 

Chapter 2.58.040    Removal of records prohibited.

    No records shall, under any circumstances, be removed from the custody of the person in charge of such records for the purpose of reproduction or for any other purpose. (Prior code § 2-4-14.4)



 

Section 2.60

CIVIL EMERGENCIES

Chapters:

2.60.010    Definitions.

2.60.020    Declaration of emergency.

2.60.030    Curfew.

2.60.040    Authority of mayor to issue orders.

2.60.050    Effectiveness.

2.60.060    Notification.

2.60.070    Violation--Penalty.

Chapter 2.60.010    Definitions.

    As used in this chapter:

    "Civil emergency" means:

    1.    A riot or unlawful assembly characterized by the use of actual force or violence or any threat to use force if accompanied by immediate power to execute by three or more persons acting together, without authority of law; or

    2.    Any natural disaster or manmade calamity, including flood, conflagration, cyclone, tornado, earthquake or explosion within the corporate limits of the city, resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare.

    "Curfew" means a prohibition against any person or persons walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the city, excepting officials of any governmental unit and persons officially designated to duty with reference to the civil emergency. (Prior code § 30-1-1)

2.60.010    Definitions.

 

Chapter 2.60.020    Declaration of emergency.

    Whenever an emergency as defined in Section 2.60.010 exists, the mayor shall declare the existence by means of a written declaration, setting forth the facts which constitute the emergency. The mayor shall sign the emergency declaration under oath, pursuant to 65 ILCS 5/11-1-6. (Amended during 1997 codification: prior code § 30-1-2)

2.60.020    Declaration of emergency.

 

Chapter 2.60.030    Curfew.

    After a proclamation of a civil emergency by the mayor, he may order a general curfew applicable to such geographical areas of the city or to the city as a whole, as he deems advisable, and applicable during such hours of the day or night as he deems necessary in the interest of the public safety and welfare. (Prior code § 30-1-3)

2.60.030    Curfew.

 

Chapter 2.60.040    Authority of mayor to issue orders.

    After the proclamation of a civil emergency, the mayor of the city may also, in the interest of public safety and welfare, make any or all of the following orders:

    A.    Order the closing of all retail liquor stores, including taverns and private clubs or portions thereof wherein the consumption of intoxicating liquor and beer is permitted;

    B.    Order the discontinuance of the sale of alcoholic liquor by any wholesaler or retailer;

    C.    Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever;

    D.    Order the discontinuance of selling, distributing or giving away of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle;

    E.    Issue such other orders as are imminently necessary for the protection of life and property. (Prior code § 30-1-4)

2.60.040    Authority of mayor to issue orders.

 

Chapter 2.60.050    Effectiveness.

    The proclamation herein authorized shall be effective for a period of forty-eight (48) hours, unless sooner terminated by a proclamation of the mayor indicating that the civil emergency no longer exists. The mayor shall have the power to reproclaim the existence of a civil emergency at the end of each forty-eight (48) hour period during the time the civil emergency exists. (Prior code § 30-1-5)

2.60.050    Effectiveness.

 

Chapter 2.60.060    Notification.

    Upon issuing the proclamation herein authorized, the chief of police shall notify the news media situated within the city and shall cause three copies of the proclamation declaring the existence of the emergency to be posted at the following places within the city:

    A.    The City Hall;

    B.    The post office;

    C.    The police station. (Prior code § 30-1-6)

2.60.060    Notification.

 

Chapter 2.60.070    Violation--Penalty.

    Any person violating the provisions of this chapter or executive order issued pursuant thereto shall be guilty of an offense against the city and shall be punishable by a fine not to exceed five hundred dollars ($500.00). (Prior code § 30-1-7)



 

Section 2.62

EMERGENCY SERVICES DISASTER AGENCY

Chapters:

2.62.010    Established.

2.62.020    Coordinator.

2.62.030    Functions.

2.62.040    Mobile support team.

2.62.050    Agreements with other political subdivisions.

2.62.060    Emergency action.

2.62.070    Compensation.

2.62.080    Reimbursement by state.

2.62.090    Purchases and expenditures.

2.62.100    Oath of office.

2.62.110    Office.

Chapter 2.62.010    Established.

    There is created the city ESDA to prevent, minimize, repair and alleviate injury or damage resulting from disaster caused by enemy attack, sabotage or other hostile action, or from natural or manmade disaster, in accordance with The Illinois Emergency Management Agency Act of 1988, hereafter referred to as the State EMA Act of 1988.

    This ESDA shall consist of the coordinator and such additional members as may be selected by the coordinator. (Amended during 1997 codification: prior code § 30-4-1)

2.62.010    Established.

 

Chapter 2.62.020    Coordinator.

    The coordinator of the city ESDA shall be appointed by the mayor with the consent of the city council and shall serve until removed by same.

    The coordinator shall have direct responsibility for the organization, administration, training and operation of the ESDA, subject to the direction and control of the mayor as provided by statute.

    In the event of the absence, resignation, death or inability to serve as the coordinator, the mayor, or any person designated by him, shall be and act as coordinator until a new appointment is made as provided in this code. (Amended during 1997 codification: prior code § 30-4-2)

 

Chapter 2.62.030    Functions.

    The city ESDA shall perform such ESDA functions within the city as shall be prescribed in and by the State EMA plan and program prepared by the Governor, and such orders, rules and regulations as may be promulgated by the Governor, and in addition shall perform such duties outside the corporate limits as may be required pursuant to any Mutual Aid Agreement with any other political subdivision, municipality, or quasi-municipality entered into as provided by the State EMA of 1988. (Amended during 1997 codification: prior code § 30-4-3)

 

Chapter 2.62.040    Mobile support team.

    All or any members of the city ESDA organization may be designated as members of a Mobile Support Team created by the Director of the state EMA as provided by law.

    The leader of such Mobile Support Team shall be designated by the coordinator of the city ESDA organization.

    Any member of a Mobile Support Team who is a city employee or officer while serving on call to duty by the Governor, or the State Director, shall receive the compensation and have the powers, duties and immunities incident to such employment or office. Any such member who is not a paid officer of employee of the city, while so serving, shall receive from the state, reasonable compensation as provided by law. (Amended during 1997 codification: prior code § 30-4-4)

2.62.020    Coordinator.

 

Chapter 2.62.050    Agreements with other political subdivisions.

    The coordinator of ESDA may negotiate mutual aid agreements with other cities or political subdivisions of the state, but no such agreement shall be effective until it has been approved by the city council and the State Director of EMA. (Amended during 1997 codification: prior code § 30-4-5)

 

Chapter 2.62.060    Emergency action.

    If the governor proclaims that a disaster emergency exists in the event of actual enemy attack upon the United States, or the occurrence within the state of Illinois of a major disaster resulting from enemy sabotage or other hostile action, or from manmade or natural disaster, it shall be the duty of the city ESDA to cooperate fully with the state EMA and with the Governor in the exercise of emergency powers as provided by law. (Amended during 1997 codification: prior code § 30-4-6)

 

Chapter 2.62.070    Compensation.

    Members of the ESDA who are paid employees or officers of the city, if called for training by the State Director of EMA, shall receive for the time spent in such training the same rate of pay as is attached to the position held; members who are not such city employees or officers shall receive for such training time such compensation as may be established by the city council. (Amended during 1997 codification: prior code § 30-4-7)

 

Chapter 2.62.080    Reimbursement by state.

    The State Treasurer may receive and allocate to the appropriate fund, any reimbursement by the state to the city for expenses incident to training members of the ESDA as prescribed by the State Director of EMA, compensation for services and expenses of members of a Mobile Support Team while serving outside the city in response to a call by the Governor or State Director of EMA, as provided by law, and any other reimbursement made by the state incident to ESDA activities as provided by law. (Amended during 1997 codification: prior code § 30-4-8)

 

Chapter 2.62.090    Purchases and expenditures.

    The city council may, on recommendation of the city coordinator of ESDA, authorize any purchase of contracts necessary to place the city in a position to combat effectively a disaster resulting from the explosion of any nuclear or other bomb or missile, and to protect the public health and safety, protect property, and provide emergency assistance to victims in the case of such disaster, or from manmade or natural disaster.

    In the event of enemy caused or other disaster, the city coordinator of ESDA is authorized on behalf of the city to procure such services, supplies, equipment or material as may be necessary for such purposes, in view of the exigency without regard to the statutory procedures or formalities normally prescribed by law pertaining to city contracts or obligations, as authorized by the State EMA Act of 1988; provided, that if the city council meets at such time, he shall act subject to the directions and restrictions imposed by that body. (Amended during 1997 codification: prior code § 30-4-9)

 

Chapter 2.62.100    Oath of office.

    Every person appointed to serve in any capacity in the city ESDA organization shall, before entering upon his duties, subscribe to the following oath, which shall be filed with the coordinator:

 

        I,                       , do solemnly swear (or affirm) that I will support and defend and bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of Illinois, and the territory, institutions, and facilities thereof, both public and private, against all enemies, foreign and domestic; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not advocate, nor am I, nor have I been a member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence; and that during such time as I am affiliated with the City of Columbia, Illinois ESDA organization, I will not advocate, nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence.

(Amended during 1997 codification: prior code § 30-4-10)

 

Chapter 2.62.110    Office.

    The mayor is authorized to designate space in a city building or elsewhere as may be provided for by the city council for the City ESDA as its office. (Amended during 1997 codification: prior code § 30-4-11)



 

Section 2.64

AMERICANS WITH DISABILITIES ACT

Chapters:

2.64.010    Creation of the office of Americans With Disabilities Act coordinator.

2.64.020    Appointment of coordinator.

2.64.030    Powers and duties of the Americans With Disabilities Act coordinator.

2.64.040    Grievance procedure for complaints alleging violations by the city of the Americans With Disabilities Act.

Chapter 2.64.010    Creation of the office of Americans With Disabilities Act coordinator.

    There is created the appointed city office in and for the city, of and to be known as the Americans With Disabilities Act coordinator, an executive office of the city. (Ord. 1009 § 1, 1992)

2.64.010    Creation of the office of Americans With Disabilities Act coordinator.

 

Chapter 2.64.020    Appointment of coordinator.

    The Americans With Disabilities Act Coordinator shall be appointed annually by the mayor, with the approval of the city council, at the first meeting of the city council held in May of each year, or as soon thereafter as is practicable. The person appointed to fill the office of ADA coordinator shall serve at the pleasure of the mayor. The ADA coordinator may hold another elected or appointed office in the city but will not receive compensation for the office of ADA coordinator. Following his or her appointment as ADA coordinator, and prior to the commencement of his or her service as ADA coordinator, the person appointed shall take and subscribe to an oath of office and post a bond as provided by Section 3-14-3 of the Illinois Municipal Code (Ill. Rev. Stat., Ch. 24, Para. 3-14-3) and this code. (Ord. 1009 § 2, 1992)

2.64.020    Appointment of coordinator.

 

Chapter 2.64.030    Powers and duties of the Americans With Disabilities Act coordinator.

    The powers and duties of the ADA coordinator, shall be to coordinate the city’s efforts to comply with and carry out the city’ s responsibilities under the Act, to investigate complaints alleging violations by the city in complying with the Act, make available to any interested persons the ADA coordinator’s name, address and telephone number, and to execute any other powers and duties as prescribed by the Act and its accompanying federal regulations. (Ord. 1009 § 3, 1992)

2.64.030    Powers and duties of the Americans With Disabilities Act coordinator.

 

Chapter 2.64.040    Grievance procedure for complaints alleging violations by the city of the Americans With Disabilities Act.

    Complaints of alleged violations of the Americans With Disabilities Act by the city must be made in writing and filed with the ADA coordinator of the city. Complaints must contain the name of the petitioner, dates of the alleged violations, city employees or agents who participated in the alleged violations, the names of all witnesses to the alleged violations, a description of the events or conditions that allegedly violate the Act, the provisions of the Act or its federal regulations that are violated by the alleged events or conditions, and a proposal by the petitioner as to remedying the alleged violations. Complaint forms are available from the ADA coordinator. The ADA coordinator shall render his decision on the complaint within fifteen (15) working days from the date of the filing of the complaint.

    If a complaint cannot be resolved to the satisfaction of the petitioner by the ADA coordinator, then a petitioner may appeal the ADA coordinator’s decision in writing to the ADA compliance committee. Appeal forms are available from the ADA coordinator and shall be filed with the city clerk. A hearing will be held by the ADA committee within fifteen (15) working days of the filing of the appeal, at which time the petitioner may present evidence and testimony in support of his complaint and appeal. The ADA committee shall render a written decision on an appeal within thirty (30) days of the hearing.

    If a complaint cannot be resolved to the satisfaction of the petitioner by the ADA committee, then a petitioner may appeal the ADA committee’s decision in writing to the city council. Appeal forms are available from the ADA coordinator and shall be filed with the city clerk. A hearing will be held by the city council at its next regular meeting held not sooner than ten working days after having received petitioner’ s appeal of the ADA committee’ s decision. A petitioner may present evidence and testimony in support of his complaint and appeal. The city council shall render a written decision on an appeal within thirty (30) days of the hearing.

    All hearings held before the ADA committee and the city council shall be recorded and transcripts of said hearing shall be available upon written request.

    The use of this grievance procedure is not a prerequisite for a petitioner to pursue other remedies. A petitioner’ s filing of a complaint or appeal as part of the proceedings of this grievance procedure shall in no way impair petitioner’ s pursuit of remedies by filing a complaint with any state or federal agency or by filing a lawsuit in any state or federal district court. However, the filing of a complaint or a lawsuit by a petitioner with any state or federal agency or court shall immediately suspend all proceedings of the grievance procedure and any action proposed or taken by the city as a result of the petitioner’ s complaint or appeal. (Ord. 1042 § 1, 1992)



 

Section 2.66

POLICE PENSION FUND

Chapters:

2.66.010    Findings of fact and conclusions of law.

2.66.020    Establishment and application of police pension fund.

2.66.030    Creation of the board of trustees for the fund.

2.66.040    Board meetings.

2.66.050    Powers and duties of the board.

2.66.060    Annual report.

2.66.070    Pension payments.

2.66.080    Report by board.

2.66.090    Exemption from garnishment or attachment.

2.66.100    Recapture of overpayments.

2.66.110    Felony conviction.

2.66.120    Application of administrative review law.

2.66.130    Incorporation of Article 3 of the Illinois Pension Code.

2.66.140    Financing.

Chapter 2.66.010    Findings of fact and conclusions of law.

    The corporate authorities of the city find and declare that the findings of fact and conclusions of law stated in the preamble of the ordinance codified in this chapter are true and correct and bind the city to create and administer the police pension fund provided for in this chapter. (Ord. 867 § 1, 1990)

2.66.010    Findings of fact and conclusions of law.

 

Chapter 2.66.020    Establishment and application of police pension fund.

    There is established a police pension fund, (the "fund"), in the city as required by the Illinois Pension Code (the "Act"). All policemen, their widows, dependent children or dependent parents are eligible for pension benefits from the fund who qualify under the Act, including the following sections of the Act: Sections 3-105.1, 3-106, 3-108, 3-108.1, 3-111, 3-111.1, 3-112, 3-114.1, 3-114.2, 3-114.3, 3-114.4, 3-114.5, 3-115, 3-116, 3-116.1, 3-117.1, 3-120, 3-121, 3-122, 3-123, 3-124, 3-124.1 and 3-124.2 of the Act. (Ord. 867 § 2, 1990)

2.66.020    Establishment and application of police pension fund.

 

Chapter 2.66.030    Creation of the board of trustees for the fund.

    A board of five members shall constitute the board of trustees to administer the fund and to designate the beneficiaries thereof, (the "board"). The board shall be known as the board of trustees of the Columbia police pension fund.

    Two members of the board shall be appointed by the mayor. The third and fourth members of the board shall be elected from the active participants of the pension fund by such active participants. The fifth member of the board shall be elected by and from the beneficiaries of the fund.

    The initial five-member board shall take office the first Tuesday in December, 1990, and shall serve until the second Tuesday in May, 1991. Thereafter, one of the two board members appointed by the mayor shall serve for one year beginning on the second Tuesday of May, 1991. The other board member appointed by the mayor, the two board members elected by the active participants and the one board member elected by the beneficiaries shall serve for two years beginning on the same day. Their successors shall serve for two years each or until their successors are appointed and qualified.

    The election for the initial board members required to be elected shall be held the third Monday in November, 1990. Thereafter, the election for board members shall be held biannually on the third Monday in April, at such place or places in the city and under the Australian ballot system and under such regulations as shall be prescribed by the appointed members of the board.

    At the election the active participants in the fund shall be entitled to vote only for the two active participant members of the board. All beneficiaries of legal age may vote only for the one member of the board chosen from among the beneficiaries. No person shall be entitled to cast more than one ballot at such election. The term of the initial elected members of the board shall be until the second Tuesday in May, 1991. Thereafter, the term of elected members of the board shall be for two years, beginning on the second Tuesday of the first May after the election.

    Upon the death, resignation or inability to act of any elected board member, his or her successor shall be elected for the unexpired term at a special election, to be called by the board and conducted in the same manner as the regular biannual election. (Ord. 867 § 3, 1990)

2.66.030    Creation of the board of trustees for the fund.

 

Chapter 2.66.040    Board meetings.

    The board shall hold annually regular quarterly meetings on the second Tuesday of July, October, January and April, and special meetings as called by the president of the board.

    At the organization meeting of the board, the board shall elect from its members a president, vice-president, secretary and assistant secretary. At the regular meeting of the board and each July thereafter the board shall elect from its members a president, vice-president, secretary and assistant secretary to serve for one year. Notwithstanding anything herein to the contrary, board officers shall serve until their respective successors are elected and qualified.

    The vice-president shall perform the duties of president during any vacancy in that office, or during the president’s absence from the city, or if he or she is by reason of illness or other causes unable to perform the duties of the office.

    The assistant secretary shall act for the secretary whenever necessary to discharge the functions of such office. (Ord. 867 § 4, 1990)

2.66.040    Board meetings.

 

Chapter 2.66.050    Powers and duties of the board.

    The board shall have the powers and duties stated in the Act, including but not limited to the following:

    A.    To Control and Manage the Pension Fund. To control and manage, exclusively, the pension fund, and all money donated, paid or assessed to the pensioning of disabled and retired police officers, their surviving spouses, minor children and dependent parents. All such moneys shall be placed by the city treasurer to the credit of the fund, subject to the order of the board;

    B.    To Order Payments and Issue Certificates. To order the payment of pensions and other benefits and to issue certificates signed by the board’s president and secretary to the beneficiaries stating the amount and purpose of the payment;

    C.    Submit Annual List of Fund Payments. To submit annually to the city council by April 30th of each year, a list of persons entitled to payments from the fund, stating the amount of payments, and their purpose, as ordered by the board. The list shall also include items of income accrued to the fund during the fiscal year. The list shall be signed by the president and secretary of the board, and attested under oath. A resolution or order for the payment of money shall not be valid unless it is approved by a majority of the board members, and signed by the president and secretary of the board;

    D.    Draw and Invest Funds. To draw pension funds from the city treasurer, and invest any part thereof in the name of the board in: (1) interest-bearing bonds or tax anticipation warrants of the United States, of the state of Illinois, or of any county, township or municipal corporation of the state of Illinois; (2) insured withdrawable capital accounts of state or federal chartered savings and loan associations if the withdrawable capital accounts are insured by the Federal Savings and Loan Insurance Corporation; (3) insured investments of credit unions if insured by the National Credit Union Administration; (5) savings accounts or certificates of deposit in a national or state bank; (6) other investments authorized by Section 3-135 of the Act.

    All securities shall be deposited with the treasurer of the city, and be subject to the order of the board. Interest on the investments shall be credited to the pension fund.

    No bank or savings and loan association shall receive investment funds from the fund, unless it has complied with the requirements establish pursuant to Section 6 of An Act Relating to Investments of Public Funds by Public Agencies (Ill. Rev. Stat., Ch. 85, Sec. 906). Limitations set forth in said Section 6 shall be applicable only at the time of investment and shall not require the liquidation of any investment at any time;

    E.    Subpoena Witnesses. To compel witnesses to attend and testify before the board upon all matters connected with the administration of the Act, in the manner provided by law for taking of testimony in the Circuit Courts of the state of Illinois. The president, or any board member, may administer oaths to witnesses;

    F.    Appoint Clerk. To appoint a clerk and define his duties. No person drawing a pension under this chapter shall be employed by the board;

    G.    Pay Expenses. To provide for the payment from the fund of all necessary expenses, including clerk hire, printing or witness fees;

    H.    Keep Records. To keep a public record of all board proceedings;

    I.    Make Rules. To make necessary rules and regulations in conformity with the provisions of the Act, and to publish and transmit copies from time to time to all pensioners and contributors;

    J.    Accept Donations. To accept by gift, grant, transfer or bequest, any money, real estate, or personal property. Such money and the proceeds of the sale of or the income from such real estate or personal property shall be paid into the pension fund. (Ord. 867 § 5, 1990)

2.66.050    Powers and duties of the board.

 

Chapter 2.66.060    Annual report.

    On the second Tuesday in May, annually, the city treasurer and all other city officials who had custody of any pension funds, shall make a sworn statement to the pension board, and to the mayor and city council, of all moneys received and paid out by them on account of the pension fund during the year, and of the amount of funds then on hand and owing to the pension fund. All surplus then remaining with any official other than the treasurer shall be paid to the treasurer of the city. Upon demand of the pension board, any official shall furnish a statement relative to the official method of collection or handling of pension funds. All books and records of that official shall be produced at any time by him or her for examination and inspection by the board. (Ord. 867 § 6, 1990)

2.66.060    Annual report.

 

Chapter 2.66.070    Pension payments.

    Any police officer and any eligible surviving spouse, child or children, or dependent parent of the officer to whom the board has ordered benefits to be paid, shall receive a yearly benefit payable in twelve (12) equal monthly installments, which shall be the aggregate amount to which they are entitled.

    If at any time there is insufficient money in the fund to pay the benefits under this chapter, the city council shall make every legal effort to replenish the fund so that all beneficiaries may receive the amounts to which they are entitled. If thereafter, there still remain insufficient funds, the beneficiaries shall be paid pro-rata from the available funds, but no allowance or order of the board shall be held to create any liability against the city, but only against the pension fund. (Ord. 867 § 7, 1990)

2.66.070    Pension payments.

 

Chapter 2.66.080    Report by board.

    The board shall report to the city council on the condition of the pension fund. The report shall be made prior to the council meeting held for the levying of taxes for the year for which the report is made.

    The board shall certify:

    A.    The assets in its custody at such time;

    B.    The estimated receipts during the next succeeding calendar year from deductions from the salaries of police officers, and from other sources; and

    C.    The estimated amount required during the calendar year to: (1) pay all pensions and other obligations provided in this chapter, and (2) to meet the annual requirements of the fund as provided in Section 3-125 of the Act. (Ord. 867 § 8, 1990)

2.66.080    Report by board.

 

Chapter 2.66.090    Exemption from garnishment or attachment.

    All pensions, funds or disability pension benefits granted under this chapter, and every portion thereof, shall be exempt from attachment or garnishment process and shall not be seized, taken, subject to, detained or levied upon by virtue of any judgment, or any process or proceeding whatsoever issued out of or by any court for the payment and satisfaction in whole or in part of any debt, damage, claim, demand or judgment against any pensioner, refund applicant or other beneficiary under this chapter. (Ord. 867 § 9, 1990)

2.66.090    Exemption from garnishment or attachment.

 

Chapter 2.66.100    Recapture of overpayments.

    The amount of any overpayment, due to fraud, misrepresentation or error, of any pension or benefit granted under this chapter may be deducted from future payments to the recipient of such pension or benefit. (Ord. 867 § 10, 1990)

2.66.100    Recapture of overpayments.

 

Chapter 2.66.110    Felony conviction.

    None of the benefits provided in this chapter shall be paid to any person who is convicted of any felony relating to or arising out of or in connection with his or her service as a police officer.

    Nothing herein to the contrary shall, however, impair any contract or vested right acquired prior to July 1, 1955 under any law continued in the Act, nor preclude the right to a refund.

    All persons entering service with the Columbia police department after July 11, 1955 are deemed to have consented to the provisions of this section as a condition of coverage. (Ord. 867 § 11, 1990)

2.66.110    Felony conviction.

 

Chapter 2.66.120    Application of administrative review law.

    The provisions of the administrative review law, and all amendments and modifications thereof and rules adopted pursuant thereto, shall apply to and govern all proceedings for the judicial review of final administrative decisions of the board provided for under this chapter. The "administrative review law" is that law contained in Chapter 110, Section 3-101 et. seq. of the Illinois Revised Statutes. The term "administrative decision" is as defined in Section 3-101 of the Code of Civil Procedure, (Ill. Rev. Stat., Ch. 110, Sec. 3-101). (Ord. 867 § 12, 1990)

2.66.120    Application of administrative review law.

 

Chapter 2.66.130    Incorporation of Article 3 of the Illinois Pension Code.

    Article 3 of the Illinois Pension Code, as amended, (Ill. Rev. Stat., Ch. 108 1/2, Article 3, Section 3-101, et. seq.), is incorporated in and made part of this chapter the same as if set forth herein verbatim for such details and matters as are not set forth in this chapter. In case of any conflict between the provisions of this chapter and the Article 3 of the Illinois Pension Code the applicable provisions of the Illinois Pension Code shall control. If and as the Illinois Pension Code is amended, from time to time, the provisions of this chapter insofar as same may vary from the provisions of the Illinois Pension Code shall automatically be construed to have been amended to conform to the Illinois Pension Code. (Ord. 867 § 13, 1990)

2.66.130    Incorporation of Article 3 of the Illinois Pension Code.

 

Chapter 2.66.140    Financing.

    The city council shall annually levy a tax upon all the taxable property of the city at the rate on the dollar which will produce an amount which, when added to the deductions from the salaries or wages of police officers, and revenues available from other sources, will equal a sum sufficient to meet the annual requirements of the police pension fund. The annual requirements to be provided by such tax levy are equal to: (1) the normal cost of the pension fund for the year involved; plus (2) the amount necessary to amortize the fund’ s unfunded accrued liability as provided in Section 3-127 of the Act. The tax shall be levied and collected in the same manner as the general taxes of the city, and in addition to all other taxes now or hereafter authorized to be levied upon all property within the city, and shall be in addition to the amount authorized to be levied for general purposes as provided in Section 8-3-1 of the Illinois Municipal Code, as amended, (Ill. Rev. Stat., Ch. 24, Para. 8-3-1).

    The police pension fund shall consist of the following monies which shall be set apart by the city treasurer and earmarked for the police pension fund:

    A.    All moneys derived from the taxes levied hereunder;

    B.    Contributions by police officers under Section 3-125.1 of the Act;

    C.    All moneys accumulated by the city under any previous legislation establishing a fund for the benefit of disabled or retired police officers; and

    D.    Donations, gifts or other transfers authorized by this chapter and the Act. (Ord. 867 § 14, 1990)



 

Section 2.68

PERSONNEL CODE

Chapters:

2.68.010    Purpose, scope and disclaimer.

2.68.020    Personnel committee-- Composition.

2.68.030    Personnel committee--Power and duties.

2.68.040    Policy prohibiting discrimination and harassment

2.68.050    Records and reports.

2.68.060    Performance review.

2.68.070    Employee access to personnel files.

2.68.080    Hiring--Applications.

2.68.090    Benefit eligibility.

2.68.100    Medical examinations.

2.68.110    Appointments.

2.68.120    Employment of relatives.

2.68.130    Orientation period.

2.68.140    Employee conduct--Absenteeism and tardiness.

2.68.150    Hours of work.

2.68.160    Current address and phone number required.

2.68.170    Personal business during working hours.

2.68.180    Employee’ s ability to perform.

2.68.190    Outside employment.

2.68.200    Financial interests.

2.68.210    Payment due the city.

2.68.220    Employee associations and affiliations.

2.68.230    Promotions, transfers, demotions and lay-offs.

2.68.240    Voluntary separations.

2.68.250    Retirements.

2.68.260    Involuntary separations.

2.68.270    Death of an employee.

2.68.280    Return of city property.

2.68.290    Employee rights upon leaving.

2.68.300    Guidelines for appropriate conduct.

2.68.310    Dispute resolution procedure.

2.68.320    Holidays.

2.68.330    Vacations--General policies.

2.68.340    Rules pertaining to use and accumulation of vacation.

2.68.350    Sick leave--General policies.

2.68.360    Rules pertaining to the use and accumulation of sick leave.

2.68.370    Jury duty.

2.68.380    Military leave.

2.68.390    Unpaid personal leave.

2.68.395    Family and medical leave policy.

2.68.400    Funeral leave.

2.68.410    Workmen’ s compensation.

2.68.420    Pension and disability.

2.68.430    Hospital/medical insurance.

2.68.440    Life insurance on full-time employees.

2.68.450    Vision care on full-time employees.

2.68.460    False arrest and civil liability insurance.

2.68.470    Malpractice insurance.

2.68.480    Right to amend, modify or terminate benefits.

2.68.490    Uniforms.

2.68.500    City property.

2.68.510    Travel allowance.

2.68.520    Educational allowances.

2.68.530    Temporary job assignments.

2.68.540    Overtime.

2.68.550    Pay days.

2.68.560    Employee safety--General provisions.

2.68.570    City-owned vehicles.

2.68.580    Reporting of accidents.

2.68.590    Conformity with law.

Chapter 2.68.010    

Purpose, scope and disclaimer.

    The purpose of this chapter is to establish a comprehensive code for personnel management and administration. It is subject to review, revision and change at the sole discretion of the city.

    This code should not be construed as and does not constitute a contract, express or implied, guaranteeing employment for any specific duration, and the city expressly reserves the right to terminate employment at any time consistent with law.

    This code shall apply to all city employees, except those represented by a labor organization for purposes of collective bargaining and/or those specifically exempted.

    No city official shall have the authority to enter into any agreement relating to employment for any specified period of time or to make any promises or commitments contrary to the foregoing or to the provisions of this code, except as may be made by written agreement between an employee and the city, subject to approval by the city council. (Ord. 1121 § 1 (part), 1993: prior code § 10-1)

2.68.010

 

Chapter 2.68.020    Personnel committee-- Composition.

    There is created a personnel committee, which shall consist of four members of the city council (hereinafter sometimes referred to as the "council") to be appointed by the executive and rules committee, by and with the advice and consent of the city council. Each member shall serve for a term of one year. One member shall be designated by the personnel committee as its chairman. The committee shall meet at such times as it may determine. (Ord. 1121 § 1 (part), 1993: prior code § 10-2-1)

2.68.020

 

Chapter 2.68.030    Personnel committee--Power and duties.

    The personnel committee shall:

    A.    Advise the council on matters concerning personnel administration;

    B.    Make any investigation which it deems advisable concerning the administration of personnel in the city and report its findings and recommendations to the council;

    C.    Recommend to the council policy rules and procedures pertaining to personnel administration;

    D.    Recommend to the council wages, salaries and fringe benefits for all city employees;

    E.    Select the final candidate from those submitted and recommended by department head, or if there is no department head, the personnel committee shall select the finalist. The committee may, alternatively, report its recommendations to the council as a whole, which shall then make the selection(s) and act thereon. The appointment of city officers shall be made in accordance with Section 2.68.110. (Ord. 1121 § 1 (part), 1993: prior code § 10-2-2)

2.68.030

 

Chapter 2.68.040    Policy prohibiting discrimination and harassment

    A.     Statement of Policy. The City provides equal employment opportunities to each employee and applicant for employment without regard to race, color, religion, national origin, ancestry, age, sex, marital status, handicap or disability, unfavorable discharge from military service, status as a Vietnam-era or special disabled veteran, or citizenship status in accordance with applicable law. This policy applies to all terms and conditions of employment, including, but not limited to, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation and training.

 

    B.     Prohibition Against Unlawful Harassment. The City expressly prohibits any form of unlawful employee harassment based on race, color, religion, national origin, ancestry, age, sex, marital status, handicap or disability, unfavorable discharge from military service, status as a Vietnam-era or special disabled veteran, or citizenship status.  Harassment is prohibited whether it occurs in person, in writing, by telephone, facsimile, e-mail, via the Internet, or through any other means of communication. Harassment can be physical, verbal, or visual.  Examples of prohibited physical harassment include, but are not limited to, unwelcome physical contact, invading one’s physical space, damaging one’s personal property, offensive gestures, or any other offensive act directed at someone because of his/her sex, race, color, religion, national origin, citizenship, age, disability, or other protected status. Examples of prohibited verbal or visual harassment include, but are not limited to, unwelcome comments, jokes, epithets, threats, insults, name-calling, negative stereotyping, possession or display of derogatory pictures or other graphic materials, and any other words or conduct that demean, stigmatize, intimidate, or single out a person because of his/her sex, race, color, religion, national origin, citizenship, age, disability, or other protected status.

 

    C.     Specific Policy on Sexual Harassment. The City also prohibits all forms of sexual harassment.  Sexual harassment includes, but is not limited to  sexually-oriented jokes, flirtation, obscene letters or notes, inappropriate compliments, sexual propositions or advances, “cat calls” or whistling, possession or display of sexually-explicit objects or pictures, exchange of sexual “gag” gifts, inappropriate discussion of one’s sexual experiences or desires, comments about an individual’s body or appearance, sexual gestures, physical contact such as patting, pinching, or purposely rubbing up against another’s body, demands or pressures (actual or implied) for sexual favors, continuing to express sexual or romantic interest after being informed the interest is not welcomed, making promises or suggestions (actual or implied) of preferential or adverse treatment as a result of one’s acceptance or rebuttal of sexual advances, and retaliating against an employee for refusing sexual advances.

 

Harassment of any form is prohibited even if the person to whom it is directed appears to welcome this behavior or reciprocate it.

 

        D.     Discipline.  Any employee who engages in, condones, or otherwise participates in any form of harassment in violation of this policy is subject to disciplinary action, up to and including discharge.

 

    E.         Complaint Procedure.  An employee who believes he or she has experienced any form of aforementioned harassment should promptly report the matter to their department head or the City Administrator or if to do so would be inappropriate, to the chairman of the Personnel Committee for investigation.

 

    F.          Investigation.  The City takes all complaints of sexual harassment seriously.  All complaints will be investigated promptly and thoroughly.  Information obtained during the investigation process will be kept confidential to the extent possible under the circumstances.  When the investigation is complete, the City will advise the person who brought the complaint and the alleged harasser of the outcome of the investigation.  Individuals who knowingly provide false information in an investigation, or refuse to cooperate in an investigation are subject to disciplinary action.

 

    G.          Retaliation Prohibited.  The City strictly prohibits retaliation against any employee on the basis of his/her good faith report of harassment or participation in an investigation related to alleged harassment.  An employee who believes that she or he has been retaliated against because the employee reported harassment or participated in a harassment investigation should report it immediately to the employee’s department head or the City Administrator or if to do so would be inappropriate, to the chairman of the Personnel Committee.

 

     (Ord. 1121 § 1 (part), 1993: prior code §§ 10-3-1--10-3-4)

2.68.040

(Ordinance No. 2590, Amended, 09/17/2007, Amend Section 2.68.040 Policy prohibiting discrimination and harassment.; Ordinance No. 2590, Amended, 09/17/2007, Amended Section 2.68.040 - Equal Employment Opportunity.)

 

Chapter 2.68.050    Records and reports.

    A.    Business Hours. The city council shall, with the advice of the personnel committee, set the business hours of all city departments.

    B.    Personnel Forms. The city clerk shall prescribe forms to be used and properly maintained by all city departments. All personnel forms shall be reviewed by and kept on file with the city clerk or the clerk’s designate.

    C.    Leave Records. The city clerk shall for each employee maintain a leave record with the following information:

    1.    Annual vacation accrued, used and unused;

    2.    Sick leave accrued, used and unused;

    3.    Any other leave accrued, used and unused.

    D.    Official Roster. The city clerk shall maintain a roster of all employees, showing name, current address, date of hire, title of position, salary rate, changes in status, and other data as directed by the city council. (Ord. 1121 § 1 (part), 1993: prior code §§ 10-4-1--10-4-4)

2.68.050

 

Chapter 2.68.060    Performance review.

    Each employee, upon completion of their orientation period, will have their performance reviewed, and thereafter their performance shall be reviewed on an annual basis. This review will be completed in writing by the employee’s department head in writing. It will be discussed with the employee and signed by the department head and the employee. A copy of all reviews will be maintained in the employee’s personnel file. (Ord. 1121 § 1 (part), 1993: prior code § 10-4-5)

2.68.060

 

Chapter 2.68.070    Employee access to personnel files.

    An employee, upon written request, may examine his or her own personnel file during the normal working hours twice in a calendar year. (Ord. 1121 § 1 (part), 1993: prior code § 10-4-6)

2.68.070

 

Chapter 2.68.080    Hiring--Applications.

    When additional employees are to be hired, the selection process shall include publication at City Hall and in newspapers.

    An application for employment must be filled out by all persons seeking employment. An application form is attached to the ordinance codified in this chapter as Addendum 1. Applications may be obtained at the city clerk’s office. Interviews may be conducted by a department head, the mayor, and/or the personnel committee.

    An applicant for the position of law enforcement officer shall meet the requirements of and shall be selected by the board of fire and police commissioners. (Ord. 1121 § 1 (part), 1993: prior code § 10-5-1)

2.68.080

 

Chapter 2.68.090    Benefit eligibility.

    Full-time employees shall be eligible for all benefits provided to city employees under the provisions of this code.

    Part-time employees hired to work in excess of one thousand (1,000) hours per year shall be eligible for vacation and sick leave on a pro-rata basis, but shall not be eligible for any other benefits.

    Part-time or temporary employees hired to work less than one thousand (1,000) hours per year shall not be eligible for vacation, sick leave or any other benefits. (Ord. 1121 § 1 (part), 1993: prior code § 10-5-2)

2.68.090

 

Chapter 2.68.100    Medical examinations.

    As part of the city’ s employment procedures, an applicant is required to undergo a post-offer, preemployment medical examination and an alcohol and drug screening that are conducted by a physician designated by the city. Any offer of employment that an applicant receives from the city is contingent upon, among other things, satisfactory completion of this examination and screening and a determination by the city and its examining physicians that the applicant is capable of performing the essential duties of the position that has been offered, with or without a reasonable accommodation.

    As a condition of continued employment, an employee may also be required to undergo periodic medical examinations and/or alcohol and drug screenings, at times specified by the city. In connection with these examinations, an employee is required to provide the city with access to their medical records, if requested. Further, it should be understood that the city receives a full medical report from its examining physicians regarding the applicant’s or employee’s state of health. All city-required medical examinations and alcohol and drug screenings are paid for by the city. (Ord. 1121 § 1 (part), 1993: prior code § 10-5-3)

2.68.100

 

Chapter 2.68.110    Appointments.

    The mayor, with the approval of the city council, shall appoint a superintendent of maintenance, police chief, assistant police chief, executive secretary to the mayor, city attorney, city auditor, city collector, and any other appointed city officers for whom a city office is created by ordinance enacted by two-thirds vote of the city council (in accordance with the Illinois Municipal Code, Ill. Rev. Stat., Ch. 24, Sec. 3-7-1, as amended). The city clerk shall appoint a deputy city clerk (in accordance with Ill. Rev. Stat., Ch. 24, Sec. 3-6-3, as amended). Appointment shall be for a one-year term, unless terminated sooner by the mayor as provided by state law, or until their successor is appointed and has qualified. (Ord. 1121 § 1 (part), 1993: prior code § 10-5-4)

2.68.110

 

Chapter 2.68.120    Employment of relatives.

    The city permits the employment of qualified relatives of an employee as long as such employment does not, in the opinion of the city, create actual or perceived conflicts of interest. For purposes of this policy "relative" is defined as a child, parent, sibling, grandparent, grandchild, aunt, uncle, first cousin or corresponding in-law or "step" relation. The city will exercise sound business judgment in the placement of related employees in accordance with the following guidelines:

    A.    Individuals who are related are permitted to work for the city, provided no direct reporting or supervisory/management relationship exists. That is, no employee is permitted to work within the chain of command of a relative such that one relative’s work responsibilities, salary or career progress could be influenced by the other relative.

    B.    No relatives are permitted to work in the same department or in any other positions in which the city believes an inherent conflict of interest may exist. (Ord. 1121 § 1 (part), 1993: prior code § 10-5-5)

2.68.120

 

Chapter 2.68.130    Orientation period.

    A.    Duration. A newly hired employee shall be subject to an orientation period of ninety (90) calendar days.

    B.    Purpose. The orientation period is to afford the employee an opportunity to become familiar with, and to perform, the requirements of the position and to allow the city to observe the employee’s performance.

    C.    Dismissal and Completion. An employee may be dismissed at any time during the orientation period. Completion of the orientation period is not to be construed as creating a contract of employment, guaranteeing employment for any specific duration, or as establishing a "just cause" standard for termination.

    D.    Benefits. A new employee shall be entitled to fringe benefits, as provided herein, upon the completion of a ninety (90) day orientation period, except that a new employee shall be eligible for group medical insurance after thirty (30) days.

    E.    Vacation and Sick Leave. During the orientation period, an eligible employee will accrue vacation; however, vacation time shall not be taken during the first year of employment.

 

    Upon the successful completion of the orientation period, an eligible employee will be credited with sick leave from the date of hire. A new employee shall not be paid sick leave during the orientation period. (Ord. 1121 § 1 (part), 1993: prior code §§ 10-6-1--10-6-5)

2.68.130

 

Chapter 2.68.140    Employee conduct--Absenteeism and tardiness.

    The city expects each employee to assume diligent responsibility for attendance and promptness. Recognizing, however, that illnesses and injuries may occur, the city has established sick leave, salary continuation, and long-term disability benefit plans to compensate an eligible employee for certain time lost for legitimate medical reasons, including time off to secure necessary treatment for a disability.

    Should an employee be unable to work for medical reasons, the employee shall notify the department head by nine a.m. on each day of absence unless otherwise granted an authorized leave. Failure to properly notify the city will be deemed an unexcused absence.

    If an employee is absent for more than three consecutive workdays, a statement from a physician may be required before the employee will be permitted to return to work. In such instances, the city also reserves the right to require the employee to submit to an examination by a physician designated by the city at its discretion.

    Absenteeism or tardiness that is unexcused or excessive in the judgment of the city is grounds for disciplinary action, up to and including dismissal. (Ord. 1121 § 1 (part), 1993: prior code § 10-7-2)

2.68.140

 

Chapter 2.68.150    Hours of work.

    The standard work day shall be eight hours. Overtime may be required.

    An employee shall be authorized a one-hour lunch break, unless more is otherwise approved at a time (approximately midday) convenient to the department. (Ord. 1121 § 1 (part), 1993: prior code § 10-7-2)

2.68.150

 

Chapter 2.68.160    Current address and phone number required.

    Each employee shall provide their department head with a current address and phone number. (Ord. 1121 § 1 (part), 1993: prior code § 10-7-3)

2.68.160

 

Chapter 2.68.170    Personal business during working hours.

    An employee is expected to confine personal business to off-duty hours. Exceptions permitted are bonafide emergencies. Visitors and personal phone calls are discouraged. Personal long distance phone calls on city telephones will be charged to the employee placing the call. (Ord. 1121 § 1 (part), 1993: prior code § 10-7-4)

2.68.170

 

Chapter 2.68.180    Employee’ s ability to perform.

    It is expected that an employee will be able to perform the essential functions of the job for which employed. Reasonable accommodations, as required by law, will be made. (Ord. 1121 § 1 (part), 1993: prior code § 10-7-5)

2.68.180

 

Chapter 2.68.190    Outside employment.

    City employment shall have precedence over outside employment of employees.

    An employee shall not engage in outside employment which is inconsistent with their city employment or which is detrimental to the best interests of the city. The city council shall in each case determine whether outside employment is inconsistent with city employment or detrimental to the best interests of the city.

    An employee engaged in outside employment of more than twelve (12) hours per week shall provide the city clerk and their department head with the name of the employer, a work schedule, and a description of the work performed.

    An employee may not engage in outside employment or non-city business while on duty, nor may city property be used for such employment or business.

    An employee injured while engaged in outside employment or non-city business shall be ineligible for the accrual of vacation and sick leave during the duration of any time absent from city employment. (Ord. 1121 § 1 (part), 1993: prior code § 10-7-6)

2.68.190

 

Chapter 2.68.200    Financial interests.

    No employee shall have a financial interest in any contract or business with the city. Requests for waiver of this provision may be made to the personnel committee. (Ord. 1121 § 1 (part), 1993: prior code § 10-7-7)

2.68.200

 

Chapter 2.68.210    Payment due the city.

    An employee is expected to be timely in regard to any payments or charges owed the city. Failure to be timely in regard to such charges or payments may result in disciplinary action, up to and including dismissal. (Ord. 1121 § 1 (part), 1993: prior code § 10-7-8)

2.68.210

 

Chapter 2.68.220    Employee associations and affiliations.

    A.    Employees’ Organizational Rights. The city recognizes that employees have, and are protected in the exercise of, the right of self-organization, and may form, join or assist any labor organization, to bargain collectively through representatives of their own choosing on questions of wages, hours and other conditions of employment, as provided by the Illinois Labor Relations Act, and to engage in other concerted activities not otherwise prohibited by law for the purpose of collective bargaining or other mutual aid or protection, free from interference, restraint or coercion.

    The city also recognizes that employees have, and are protected in the exercise of, the right to refrain from participating in any such concerted activities.

    B.    Administrative Status in Employee Organizations. Elected city officials, executive heads of departments, and other persons excluded as employees under Section 3(N) of the Illinois Public Labor Relations Act may maintain membership in employee organizations; however, they are excluded from representation by those organizations, and may not serve on an employee negotiating or grievance committee.

    C.    City’ s Negotiating Agent. The mayor shall have the authority to negotiate any collective bargaining agreements, subject to the approval of the city council.

    D.    City Council Approval Required. Any change in salary schedules, fringe benefits, or personnel rules and regulations must have approval of the city council.

    E.    Collective Bargaining. Any collective bargaining shall be conducted in accordance with the Illinois Labor Relations Act.

    F.    Management Rights. The city reserves the right to control matters of inherent managerial policy, including such areas of discretion or policy as the functions of the city, standards of services, its overall budget, its organizational structure, and selection of new employees, examination techniques, and direction of employees. (Ord. 1121 § 1 (part), 1993: prior code §§ 10-8-1--10-8-6)

2.68.220

 

Chapter 2.68.230    Promotions, transfers, demotions and lay-offs.

    A.    Promotions. Positions within the employment of the city shall be filled by promotion to the extent deemed appropriate by the city.

    B.    Transfers. Transfers from one position to another may be made as deemed appropriate by the city.

    A transferred employee shall retain all pay and accrued benefits including vacation, sick leave and retirement.

    C.    Demotions. Demotions may be made as deemed appropriate by the city.

    A demoted employee shall retain all accrued benefits including vacation, sick leave and retirement.

    D.    Lay-Offs. Lay-offs may be made as deemed appropriate by the city.

    The city shall provide ten days’ notice of lay-off or in lieu thereof ten days’  pay. (Ord. 1121 § 1 (part), 1993: prior code §§ 10-9-1--10-9-4)

2.68.230

 

Chapter 2.68.240    Voluntary separations.

    An employee desiring to terminate the employ

ment relationship with the city is urged to notify the city at least two weeks in advance of their intended termination. Such notice should be given in writing to the employee’s department head. Proper notice allows the city sufficient time to calculate all accrued benefits and/or moneys to which the employee may be entitled. (Ord. 1121 § 1 (part), 1993: prior code § 10-10-1)

2.68.240

 

Chapter 2.68.250    Retirements.

    An employee who plans to retire is urged to provide the city with a minimum of two months’ notice. This will allow ample time for the processing of appropriate pension forms to ensure that any retirement benefits to which an employee may be entitled commence in a timely manner. (Ord. 1121 § 1 (part), 1993: prior code § 10-10-2)

2.68.250

 

Chapter 2.68.260    Involuntary separations.

    Although the city hopes that its relationship with each employee is long-term and mutually rewarding, the city reserves the right to terminate the employment relationship as deemed appropriate. (Ord. 1121 § 1 (part), 1993: prior code § 10-10-3)

2.68.260

 

Chapter 2.68.270    Death of an employee.

    Upon the death of an employee, the city will pay to the employee’ s estate all accrued salary and benefits which are due and payable under the city’ s personnel code for a deceased employee. (Ord. 1853 § 1, 2000: Ord. 1121 § 1 (part), 1993: prior code § 10-10-4)

2.68.270

 

Chapter 2.68.280    Return of city property.

    An employee leaving the city’s employment shall return all city property in the employee’ s possession. (Ord. 1121 § 1 (part), 1993: prior code § 10-10-5)

2.68.280

 

Chapter 2.68.290    Employee rights upon leaving.

    An employee leaving the city’s employment shall receive payment of all accrued salary and benefits. (Ord. 1121 § 1 (part), 1993: prior code § 10-10-6)

2.68.290

 

Chapter 2.68.300    Guidelines for appropriate conduct.

    A.    Statement of Principle. Each employee is expected to accept certain responsibilities, adhere to acceptable principles in matters of personal conduct, and exhibit a high degree of personal integrity. This not only involves sincere respect for the rights and feelings of others, but also demands that an employee refrain from any behavior that might be harmful to themselves, their co-workers, the city, and its citizens.

    B.    Inappropriate Conduct. Types of behavior and conduct that the city considers inappropriate include, but are not limited to, the following:

    1.    Falsifying employment or other city records;

    2.    Violating the city’s nondiscrimination and/or sexual harassment policy;

    3.    Soliciting or accepting gratuities;

    4.    Excessive absenteeism or tardiness;

    5.    Excessive, unnecessary or unauthorized use of city supplies, particularly for personal purposes;

    6.    Reporting to work intoxicated or under the influence of nonprescribed drugs, and illegal manufacture, possession, use, sale, distribution or transportation of drugs;

    7.    Bringing or using alcoholic beverages on city property or using alcoholic beverages while engaged in city business off city premises, except where authorized;

    8.    Fighting or using obscene, abusive or threatening language or gestures;

    9.    Theft;

    10.    Unauthorized possession of firearms on city premises or while on city business;

    11.    Disregarding safety;

    12.    Insubordination;

    13.    Failing to maintain the confidentiality of city records or information.

    C.    Disciplinary Action. Should an employee’ s performance, work habits, attitude, conduct or demeanor become unsatisfactory in the judgment of the city, based on violations either of the above or of any other city policies, rules or regulations, the employee will be subject to disciplinary action, up to and including dismissal. (Ord. 1121 § 1 (part), 1993: prior code §§ 10-11-1--10-11-3)

2.68.300

 

Chapter 2.68.310    Dispute resolution procedure.

    To build effective working relationships with city employees and to promote the efficient operation of the city, the following procedures are established for the resolution of disputes arising in the course of an employee’s employment.

    A.    Step One. Discussion of the problem with the department head within five working days of the events giving rise to the dispute.

    B.    Step Two. If the problem is not resolved after discussion with the department head or if the employee believes discussion with the department head is inappropriate, the employee may present the dispute in writing to the chairman of the personnel committee within ten working days of the events giving rise to the dispute. The chairman will respond within five working days.

    C.    Step Three. If an employee is not satisfied with the chairman’s decision, the employee may prepare a written summary and request that the matter be reviewed by the personnel committee. A request to the personnel committee must be made in writing within five working days of the chairman’s decision. The committee, after a full examination of the facts (which may include a review of the written summary of your statement, discussions with all individuals concerned, and a further investigation if necessary), will render its decision.

    D.    Step Four. An employee may appeal the decision of the personnel committee to the city council within five working days of receipt of the decision. The council shall take such action as it deems appropriate. The decision of the city council shall be final. (Ord. 1121 § 1 (part), 1993: prior code § 10-12-1)

2.68.310

 

Chapter 2.68.320    Holidays.

    A.    City-Observed Holidays. Each full-time employee shall receive the following holidays off, with compensation for eight hours at their regular rates of pay, except for the half day on Christmas Eve for which each employee shall receive four hours:

 

    New Year’ s Day;

    Presidents' Day,

    Good Friday;

    Memorial Day;

    Independence Day;

    Labor Day;

    Veterans Day;

    Thanksgiving Day;

    Day After Thanksgiving

    Christmas Day;

    Christmas Eve, half day;

    Personal Leave Day.

 

    Holidays which fall on an employee’s regularly scheduled day off may be taken at another time subject to the department head’s approval.

    The general policy shall be to celebrate a given holiday on Friday or Monday for holidays falling on a Saturday or Sunday, respectively.

    B.    Holiday Pay Administration. An employee who is assigned to work on an observed holiday shall be compensated at time and one-half their regular rate of pay for hours worked.

    Holidays occurring during sick leave will not be counted as sick leave days. (Ord. 1121 § 1 (part), 1993: prior code §§ 10-13-1--10-13-2)

2.68.320

(Ordinance No. 2765, Amended, 01/19/2010, Deleted Lincoln's Birthday Holiday and added Presidents' Day Holiday.; Ordinance No. 2514, Amended, 11/20/2006, Added "Day After Thanksgiving" Holiday)

 

Chapter 2.68.330    Vacations--General policies.

    An employee, who has been employed for at least one year from their anniversary, shall be eligible for vacation as indicated by the following table:

 

Hours’  Pay (Pro-Rata* For a Part-Time

Employee Hired to Work in Excess of 1,000 Hours Per Year)

 

Work

Time Off

Having completed 1 year

1 week--40 hours

5 days

Having completed 2 years

2 weeks--80 hours

10 days

Having completed 6 years (or more)

3 weeks--120 hours

15 days

    

*    The pro-rata entitlement of a part-time employee to vacation shall be determined by the following formula: hours worked divided by 2080.

    Example: An employee working 1248 hours per year is entitled to sixty (60) percent (1248/2080) of the amount of vacation of a full-time employee.

    A part-time employee will not lose eligibility for pro-rata vacation in the event the employee is later hired as a full-time employee. (Ord. 1121 § 1 (part), 1993: prior code § 10-14-1)

2.68.330

 

Chapter 2.68.340    Rules pertaining to use and accumulation of vacation.

    A.    Vacation Scheduling. Vacation will, so far as practicable and consistent with the needs of the city, be granted at times most desired by an employee.

    B.    Vacation Pay. An employee assigned vacation under this section and Section 2.68.330 will be paid vacation based on their straight time hourly rate of pay. An employee will receive vacation pay on their regular pay day.

    C.    Unused Vacation. Unused vacation for which the employee is entitled to be paid will be paid to the employee at the time of an employee’ s retirement or termination, or in the event of death, will be paid to the employee’ s estate.

    D.    Vacation During Holidays. In the event a holiday falls during an employee’ s vacation, the employee shall receive eight hours at his straight time hourly rate for such holiday in addition to employee’ s vacation pay, or he may choose an additional day off.

    E.    Accumulation of Vacation. An employee shall use accrued vacation during the twelve (12) months following its accrual or it shall be forfeited. (Ord. 1853 § 2, 2000; Ord. 1121 § 1 (part), 1993: prior code § 10-14-2)

2.68.340

 

Chapter 2.68.350    Sick leave--General policies.

    The city recognizes that inability to work because of illness or injury may cause economic hardship. The city also recognizes that an employee may require time off to secure necessary treatment for disabilities. For these reasons, the city provides paid sick days to eligible employees.

    A full-time employee shall be allowed sick leave of up to eighty (80) hours annually. An eligible part-time employee shall be entitled to the same leave on a pro-rata basis. (Ord. 1121 § 1 (part), 1993: prior code § 10-15-1)

2.68.350

 

Chapter 2.68.360    Rules pertaining to the use and accumulation of sick leave.

    A.    Accumulation. An employee may accumulate no more than two hundred forty (240) hours of sick leave.

    B.    Use. Sick leave shall be utilized for purposes with the general policies set forth in Section 2.68.350.

    C.    Use at Retirement. For all sick leave accumulated before March 1, 1993, an employee may elect to use it during the period immediately preceding the employee’ s retirement at the employee’ s hourly rate then in effect, or to receive a lump sum payment for accumulated sick leave which shall be calculated at the employee’ s hourly rate then in effect.

    For all sick leave accumulated after March 1, 1993, an employee may elect to use it during the period immediately preceding the employee’s retirement at the employee’s hourly rate that was in effect from time to time as each day of sick leave was accumulated, or to receive a lump sum payment for accumulated sick leave which shall be calculated at the employee’ s hourly rate that was in effect from time to time as each day of sick leave was accumulated. (Ord. 1121 § 1 (part), 1993: prior code § 10-15-2)

2.68.360

 

Chapter 2.68.370    Jury duty.

    The city recognizes the responsibility of an employee who is called to serve on jury duty. Therefore, the city will make up the difference between the amount of money received for jury duty and what the employee would have earned from the city.

    To receive the difference, the employee must provide the city clerk with the court receipt, indicating dates served or called and compensation received.

    An employee is expected to be at their city employment, whenever excused for a day (or any portion of a day) from jury service. (Ord. 1121 § 1 (part), 1993: prior code § 10-16-1)

2.68.370

 

Chapter 2.68.380    Military leave.

    An employee who is inducted into or enlists in the Armed Forces of the United States, or who performs active or inactive duty with the Armed Forces while a member of a reserve component, will be granted a military leave of absence. An employee whose period of active service exceeds two weeks will not receive his salary during military leave. A reservist employee who is granted a leave of absence not exceeding two weeks to perform active duty for training will receive the employee’ s regular salary for the period of active duty less the amount of the employee’ s military pay, provided he has completed one year of service with the city. Such military leave not exceeding two weeks will be granted in addition to the employee’s regular vacation, and, if the employee elects to take the employee’ s vacation and military leave of absence at the same time, he will receive the employee’ s vacation pay, and if eligible, the employee’ s regular salary less the amount of the military pay.

    A member of the National Guard will also be paid when ordered to active duty for a period not exceeding two weeks. Likewise, such call-ups will not be charged against the employee’s vacation leave.

    A copy of orders shall be submitted to the personnel committee prior to departure and a verification of duty from the employee’s commanding officer upon the employee’s return. (Ord. 1121 § 1 (part), 1993: prior code § 10-16-2)

2.68.380

 

Chapter 2.68.390    Unpaid personal leave.

    An unpaid leave of absence for a period not longer than sixty (60) days may be granted to an employee. Request for such leaves must be submitted in writing to the department head for approval at least ten working days in advance of the date leave is to commence, except in emergency situations. The request for the leave of absence shall state the reason for the leave and the exact dates on which the leave is to begin and end. Authorization or denial of the leave request shall be furnished to the employee in writing by the city. An employee returning from such leave must provide the city with at least five working days’ advance notification. (Ord. 1121 § 1 (part), 1993: prior code § 10-16-4)

2.68.390

 

Chapter 2.68.395    Family and medical leave policy.

    A.    Purpose. To outline the conditions under which an employee may request time off without pay for a limited period with job protection and no loss of accumulated service if the employee returns to work pursuant to the Family and Medical Leave Act (FMLA).

    B.    Definition. A family or medical leave of absence is defined as an approved absence available to eligible employees for up to twelve (12) weeks of unpaid leave during a twelve (12) month period under particular circumstances set forth in this policy. To determine the amount of FMLA leave to which an employee is entitled, the twelve (12) month period is measured on a rolling basis backward from the date that the employee uses any FMLA leave. In other words, any FMLA leave that was taken by the employee during the twelve (12) months preceding the date that the employee requests additional FMLA leave will be counted to determine the amount of FMLA leave remaining.

    Leave may be taken:

    1.    On the birth of an employee’ s child, provided the leave is concluded within twelve (12) months of the birth;

    2.    On the placement of a child for adoption or foster care with an employee, provided the leave is concluded within twelve (12) months of the placement;

    3.    To care for a child, spouse, or parent who has a serious health condition; or

    4.    For the employee’ s own serious health condition that makes the employee unable to perform at least one essential function of the employee’ s job.

    C.    Scope. This policy applies to all family and medical leaves of absence including leaves that are covered under paid employment benefit plans or policies for any part of the twelve (12) week leave to which the employee may be entitled under this policy. In other words, if an employee takes leave for a purpose covered by the FMLA, the employee must first exhaust any accrued vacation or personal time, plus, if the leave is for the employee’ s serious health condition, any accrued sick leave. Once paid leave has been exhausted, further leave time taken under this policy will be unpaid. Paid leave taken for a purpose covered in this policy will be counted against the employee’ s twelve (12) week annual FMLA allowance so that the use of available vacation, personal or applicable sick benefits will not increase the total amount of FMLA entitlement.

    D.    Eligibility. To be eligible for leave under this policy, an employee must have been employed here for at least twelve (12) months and must have worked at least one thousand two hundred fifty (1,250) hours during the twelve (12) month period preceding the beginning of the leave. In addition, the employee must work at a location at which there are at least fifty (50) employees within a seventy-five (75) mile radius.

    E.    Basic Regulations and Conditions of Leave.

    1.    Medical Certification. The city will require medical certification to support a claim for leave for an employee’ s own serious health condition or to care for a seriously ill child, spouse, or parent. (A certification of health care provider form is available at the office of the city clerk.) The city may require a second medical opinion at its own expense. If the first and second opinions differ, the city may require the binding opinion of a third health care provider, approved jointly by the city and the employee and paid for by the city. The city may require periodic recertification, and if the leave is for the employee’ s own serious health condition, may also require certification of the employee’ s ability to return to work.

    Medical certification forms may be obtained from the city. It is the responsibility of the employee to ensure that the health care provider completes the form and that it is returned to the city in a timely manner.

    2.    Intermittent or Reduced Leave. Leave may be taken on an intermittent or reduced-leave schedule if it is medically necessary for a serious health condition of the employee or his or her spouse, child, or parent. If leave is requested on this basis, however, the city may require the employee to transfer temporarily to a part-time schedule or an alternative position that better accommodates recurring absences. The alternative position will have equivalent pay and benefits.

    3.    Spouses Combined Leave. Spouses who are both employed by the city are entitled to a joint total of twelve (12) weeks’  leave (rather than twelve (12) weeks each) for the birth or placement for adoption or foster care of a child or for the care of a sick parent. For any other qualifying FMLA reason, each spouse will be entitled to the full twelve (12) weeks of FMLA leave, or that portion of leave remaining in the relevant twelve (12) month period.

    F.    Notification and Reporting Requirements. When the need for leave is foreseeable, such as the birth of a child, the placement for adoption or foster care of a child, or planned medical treatment, the employee must provide thirty (30) days’  advance notice and make an effort to schedule leave so that it does not unduly disrupt city operations. When the need for leave is not foreseeable, the employee must provide notice as soon as practicable upon learning of the need for leave. Employees who are ill will be required to report periodically on their status and their intention to return to work.

    G.    Status of Employee Benefits During Leave of Absence.

    1.    Health insurance. Group health care coverage will continue for employees on leave as if they were still working. Employees who are granted an approved leave of absence under this policy are advised to arrange to pay their share of premiums during the absence. If the leave is paid, premiums will continue to be paid through payroll deductions. If the leave is unpaid, employees are responsible for making sure the city receives premium payments by the normal payroll dates. The office of the city clerk will provide a schedule of payment amounts and due dates at the beginning of any unpaid leave of absence.

    2.    Recovery of Premiums. If an employee chooses not to return to work, or does not stay at work, for at least thirty (30) days upon return (for reasons other than retirement), after an approved absence under this policy, the city may recover from the employee the cost of any payments made to maintain the employee’ s health insurance during the leave, unless the failure to return is because of a serious health condition or reasons beyond the employee’ s control. Benefit entitlements based on length of service will be calculated as of the last paid work day before the start of the unpaid absence.

    H.    Procedures.

    1.    Request Form. A request for family and medical leave of absence form must be filled out in duplicate by the employee. This form must be completed in detail, signed by the employee, submitted to the immediate supervisor for proper approvals, and forwarded to the office of the city clerk (a "request for family and medical leave of absence" form is available at the office of the city clerk). If possible, the form should be submitted thirty (30) days before the effective date of the leave.

    I.    Job Restoration. Upon return from leave taken under this policy, the employee will be restored to his or her original job, or to an equivalent position with equivalent pay, benefits, and other terms and conditions of employment.

    Exception. If an employee on leave is salaried and among the highest ten (10) percent of city employees within seventy-five (75) surface miles, and keeping the job open for the employee would result in substantial and grievous economic injury to the city, the employee can be denied job restoration after leave. In this situation, however, the employee will be given an opportunity to return to work during leave.

    J.    Nondiscrimination, nonretaliation. An employee’ s exercise of his or her rights under the FMLA will not negatively affect the employee’ s employment or the terms and conditions of employment. However, employees will not be entitled to any benefits or favorable treatment because of the exercise of rights under the FMLA, but rather will receive the same treatment he or she would otherwise have received.

    The city will not interfere with, restrain or deny the exercise of any right provided by the FMLA, nor will it retaliate against any employee for opposing any practice, or because of involvement in any proceeding, related to the FMLA.

    K.    Effect of Labor Agreement. All family and medical leave will be governed by the provisions of this policy unless modified by an applicable labor agreement. (Ord. 1922 § 1, 2001)

2.68.395

 

Chapter 2.68.400    Funeral leave.

    When death occurs to an employee’ s legal spouse, mother, father, brother, sister, child, an employee upon request, will be excused and paid for up to a maximum of three days, or one day for grandparents, mother-in-law, or father-in-law, sister-in-law or brother-in-law for funeral leave. (Ord. 1121 § 1 (part), 1993: prior code § 10-16-5)

2.68.400

 

Chapter 2.68.410    Workmen’ s compensation.

    An employee injured in the course of employment is entitled to benefits under the Workmen’ s Compensation Act. In order to receive these benefits, an injured employee is required to report the injury without delay to their department head and file a report of injury through the city clerk’ s office for workmen’ s compensation benefits. In addition, an employee may be entitled to pension and disability benefits. (Ord. 1121 § 1 (part), 1993: prior code § 10-17-1)

2.68.410

 

Chapter 2.68.420    Pension and disability.

    The city provides pension and disability benefits pursuant to the Illinois Municipal Retirement Fund. (Ord. 1121 § 1 (part), 1993: prior code § 10-17-2)

2.68.420

 

Chapter 2.68.430    Hospital/medical insurance.

    The city provides each full-time employee and the employee’ s family the right to participate in a group hospitalization program. (Ord. 1121 § 1 (part), 1993: prior code § 10-17-3)

2.68.430

 

Chapter 2.68.440    Life insurance on full-time employees.

    The city provides term life insurance to each full-time employee as shall be determined from time to time, under the regular pay resolutions of the city. (Ord. 1121 § 1 (part), 1993: prior code § 10-17-4)

 

Chapter 2.68.450    Vision care on full-time employees.

    The city provides a vision care plan for each full-time employee and the employee’ s family, the schedule of benefits to be determined from time to time under the regular pay resolutions of the city. (Ord. 1121 § 1 (part), 1993: prior code § 10-17-5)

2.68.450

 

Chapter 2.68.460    False arrest and civil liability insurance.

    An insurance committee working with the chief of police, the ambulance director, and the city attorney shall be established for the purpose of obtaining adequate insurance to protect the city and members of the Columbia ambulance service and police department from civil suits stemming from actions taken by members of the Columbia ambulance service and police department while on duty.

    The city shall provide insurance coverage, not to exceed one million dollars ($1,000,000.00) in coverage on behalf of each E.M.T. or policeman, which the E.M.T. or the policeman shall become legally obligated to pay as damages because of bodily injury or property damage caused by an occurrence, if and only if the city also becomes legally obligated to pay the damages under the doctrine of respondent superior. (Ord. 1121 § 1 (part), 1993: prior code § 10-17-6)

2.68.460

 

Chapter 2.68.470    Malpractice insurance.

    The city shall provide malpractice insurance to protect both the city, individual firefighters, E.M.T.’ s and policemen from malpractice claims that may arise while the firefighters, E.M.T.’ s and policemen are serving as ambulance attendants or ambulance drivers.

    The city shall provide insurance coverage, not to exceed one million dollars ($1,000,000.00) in coverage on behalf of each E.M.T., firefighter or policeman, which the E.M.T., firefighter or policeman shall become legally obligated to pay as damages because of bodily injury or property damage caused by an occurrence if, and only if, the city also becomes legally obligated to pay said damages under the doctrine of respondent superior. (Ord. 1121 § 1 (part), 1993: prior code § 10-17-7)

2.68.470

 

Chapter 2.68.480    Right to amend, modify or terminate benefits.

    The city expressly reserves the right to amend, modify or terminate any and all benefits provided herein. (Ord. 1121 § 1 (part), 1993: prior code § 10-17-8)

2.68.480

 

Chapter 2.68.490    Uniforms.

    The city will provide clothing, uniform and accessory allowances to designated employees. An employee so designated shall receive two hundred fifty dollars ($250.00) annually (paid in two allotments, May 1st, and November 1st, of each year) for clothing and shoe allowance. (Ord. 1121 § 1 (part), 1993: prior code § 10-18-1)

2.68.490

 

Chapter 2.68.500    City property.

    Each employee having custody of city property shall be responsible for its proper care, use and security. Damage or loss resulting from negligence may be chargeable to the employee. (Ord. 1121 § 1 (part), 1993: prior code § 10-18-2)

2.68.500

 

Chapter 2.68.510    Travel allowance.

    An employee may request payment for travel, lodging and sundry expenses related to official city business. Application shall be made in advance and in writing to the employee’ s department head for approval by the city council. (Ord. 1121 § 1 (part), 1993: prior code § 10-18-3)

2.68.510

 

Chapter 2.68.520    Educational allowances.

    The city will reimburse full tuition costs for any course of study at a recognized educational institution undertaken by any employee, if so directed by the employee’ s department head and approved by the city council, provided such course of study is job related and the employee completes the course with a passing grade.

    The city will pay full tuition costs plus incidental costs of room and board in an amount previously arranged, for intensive job-related courses of study, seminars or symposia, attended by any full-time employee or regular part-time employee, if so directed by the employee’ s department head and approved by the city council.

    Upon completion of the requirements for:

    A.    An associate’ s degree; or

    B.    Bachelor of arts degree or bachelor of science degree;

the employee shall be automatically entitled to a one-time one percent salary increase. (Ord. 1121 § 1 (part), 1993: prior code § 10-18-4)

2.68.520

 

Chapter 2.68.530    Temporary job assignments.

    When an employee assumes responsibility for a salaried position, which is temporarily vacant, that employee may receive additional compensation for that additional responsibility as determined by the city council. (Ord. 1121 § 1 (part), 1993: prior code § 10-19-1)

2.68.530

 

Chapter 2.68.540    Overtime.

    All time worked in excess of forty (40) hours per week will be paid at the rate of time and one-half an employee’ s regular rate of pay. (Ord. 1121 § 1 (part), 1993: prior code § 10-19-2)

2.68.540

 

Chapter 2.68.550    Pay days.

    All employees are paid by check every two weeks on Friday for the pay period ending the previous Saturday. Time sheets shall be approved by each department head, and turned into the clerk’ s office by Tuesday of the week in which the pay day occurs. (Ord. 1121 § 1 (part), 1993: prior code § 10-19-3)

2.68.550

 

Chapter 2.68.560    Employee safety--General provisions.

    The city considers the safety of each employee and citizen to be of paramount importance. The city expects each employee to obey established safety rules and to wear such safety apparel as may be required for safety. (Ord. 1121 § 1 (part), 1993: prior code § 10-20-1)

2.68.560

 

Chapter 2.68.570    City-owned vehicles.

    City-owned vehicles shall be used only for official city business.

    The use of city-owned vehicles for transportation to and from work is prohibited except for police officers who are assigned a specific police car for patrol duty. A public works department employee is allowed the use of a city-owned vehicle for transportation to and from work only while on weekend duty. (Ord. 1121 § 1 (part), 1993: prior code § 10-20-2)

2.68.570

 

Chapter 2.68.580    Reporting of accidents.

    Any employee injured while on the job must complete and turn in an accident report form to the city clerk and to their department head within twenty-four (24) hours of the incident.

    In cases where the employee is incapable of doing so, it shall be the responsibility of the employee’ s department head to fill out a preliminary report. (Ord. 1121 § 1 (part), 1993: prior code § 10-20-3)

2.68.580

 

Chapter 2.68.590    Conformity with law.

    This code shall be construed in accordance with all applicable federal, state and local laws. Any provision of this code to the contrary shall be null and void. (Ord. 1121 § 1 (part), 1993: prior code § 10-22)



 

Section 2.70

CODE IMPLEMENTING THE STATE OFFICIALS AND EMPLOYEES ETHICS ACT

Chapters:

2.70.010    Adoption of State Officials and Employees Ethics Act.

2.70.020    Solicitation or acceptance of gifts prohibited.

2.70.030    Prohibited giving.

2.70.040    Prohibited political activities.

2.70.050    Officer and employee defined.

2.70.060    Penalties.

2.70.070    Repealer.

2.70.080    Act amendments.

2.70.090    Future declaration of unconstitutionality of Act.

Chapter 2.70.010    Adoption of State Officials and Employees Ethics Act.

        The regulations of Section 5-15 (5 ILCS 430/5-15) and Article 10 (5 ILCS 430/10-10 through 10-40) of the State Officials and Employees Ethics Act, 5 ILCS 430/1-1, et. seq., (hereinafter referred to as the "Act" in this code) are hereby adopted by reference and made applicable to the officers and employees of the City to the extent required by 5 ILCS 430/70-5.

(2.70.010 (Ord. 2258), Amended, 05/03/2004, Amended Section.)

 

Chapter 2.70.020    Solicitation or acceptance of gifts prohibited.

        The solicitation or acceptance of gifts prohibited to be solicited or accepted under the Act, by any officer or any employee of the City, is hereby prohibited.

(2.70.020 (Ord. 2258), Amended, 05/03/2004, Amended Section.)

 

Chapter 2.70.030    Prohibited giving.

        The offering or making of gifts prohibited to be offered or made to an officer or employee of the City under the Act, is hereby prohibited.

(2.70.030 (Ord. 2258), Amended, 05/03/2004, Amended Section.)

 

Chapter 2.70.040    Prohibited political activities.

        The participation in political activities prohibited under the Act, by any officer or employee of the City, is hereby prohibited.

(2.70.040 (Ord. 2258), Amended, 05/03/2004, Amended Section.)

 

Chapter 2.70.050    Officer and employee defined.

        For purposes of this code, the terms "officer" and "employee" shall be defined as set forth in 5 ILCS 430/70-5(c).

(2.70.050 (Ord. 2258), Amended, 05/03/2004, Amended Section.)

 

Chapter 2.70.060    Penalties.

        The penalties for violations of this code shall be the same as those penalties set forth in 5 ILCS 430/50-5 for similar violations of the Act.

(2.70.060 (Ord. 2258), Added, 05/03/2004, Added New Section.)

 

Chapter 2.70.070    Repealer.

        This code does not repeal or otherwise amend or modify any existing ordinances or policies of the City which regulate the conduct of City officers and employees except Chapter 2.70 (State Gift Ban Act) as it existed prior to the enactment of this code, which is repealed and replaced by this code.  To the extent that any such existing ordinances or policies are less restrictive than this code, however, the provisions of this code shall prevail in accordance with the provisions of 5 ILCS 430/70-5(a).

(2.70.070 (Ord. 2258), Added, 05/03/2004, Added New Section.)

 

Chapter 2.70.080    Act amendments.

        Any amendment to the Act that becomes effective after the effective date of this code shall be incorporated into this code by reference and shall be applicable to the solicitation, acceptance, offering and making of gifts and to prohibited political activities.  However, any amendment that makes its provisions optional for adoption by municipalities shall not be incorporated into this code by reference without formal action by the corporate authorities of the City.

(2.70.080 (Ord. 2258), Added, 05/03/2004, Added New Section.)

 

Chapter 2.70.090    Future declaration of unconstitutionality of Act.

        A.    If the Illinois Supreme Court declares the act unconstitutional in its entirety, then this code shall be repealed as of the date that the Illinois Supreme Court's decision becomes final and not subject to any further appeals or rehearings.  This code shall be deemed repealed without further action by the corporate authorities of the City if the Act is found unconstitutional by the Illinois Supreme Court.

 

        B.    If the Illinois Supreme Court declares part of the Act unconstitutional but upholds the constitutionality of the remainder of the Act, or does not address the remainder of the Act, then the remainder of the Act as adopted by this code shall remain in full force and effect; however, that part of this code relating to the part of the Act found unconstitutional shall be deemed repealed without further action by the corporate authorities of the City.

(2.70.090 (Ord. 2258), Added, 05/03/2004, Added New Section.)



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