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(A) The term
SICK LEAVE, as used in this section, means any illness or injury incurred while employee is actually in the service of the city.
(B) This section shall not apply to seasonal workers or employees serving under temporary appointments.
(C) All employees working under the jurisdiction of the agreement shall receive 15 days per year sick leave, accumulative at the rate of one and one-fourth days per month starting with the first month of employment and shall be able to accumulate an unlimited amount of sick leave; except that, the employees of the city’s Fire Department shall receive 126 hours per year sick leave accumulative at the rate of ten and one-half hours per month starting with the first month of employment and shall be allowed to accumulate an unlimited amount of sick leave. In the event the city deems it necessary to have a written statement from the doctor, the employee shall so present it. This is not to be construed that it is necessary to present a doctor’s certificate at all times. The employees are not to abuse the provisions of this section. Over-time shall not be used for sick leave unless accumulated sick leave has been used.
(1960 Code, § 3.30) (Ord. 2681, passed - -; Ord. 3264, passed 12-2-1974; Ord. 4788, passed 11-19-1990)
When there is a funeral within the immediate family of an employee, such employee shall be allowed five days’ time off, not including Saturday, Sunday or holidays. (
IMMEDIATE FAMILY shall be husband, wife, father, mother, child or step-child of an employee.) Where there is a funeral for the sister, brother, father-in-law, mother-in-law, sister-in-law, brother-in-law, step-father, step-mother, grandfather, grandmother or grandchildren of an employee, such employee shall be allowed three days’ time off, not including Saturday, Sunday or holidays.
(1960 Code, § 3.301) (Ord. 4788, passed 11-19-1990)
Members of the Police and Fire Departments of the city may be employed or engaged in a business or occupation compatible with their city employment, subject, however, to the following limitations.
(A) They shall not engage in the occupation of bartender, bouncer or tavern operator; if a police officer or firefighter is employed at an organizational dance within the city limits, he or she shall not be considered to be a bouncer.
(B) They shall not engage in any illegal occupation, such as gambling or working in gambling houses.
(C) They shall not be gainfully employed or engaged in any business or occupation other than their city employment for more than 20 hours in any calendar week.
(D) They shall not be gainfully engaged in any employment or other business or occupation outside the greater Belleville area.
(E) In the event of injury sustained in gainful employment, business or occupation other than city employment, police officers and firefighters shall not be entitled to time off with pay for any lost employment resulting therefrom. In the event that an injury is incurred in said outside gainful employment or occupation and sick pay is denied by the city, this shall in no way affect the employee’s tenure in his or her position.
(F) Even though engaged in other approved employment, business or occupation, members of the Police and Fire Department shall be available for call to duty within a reasonable time.
(G) If the Chief of the Department has reason to believe that outside employment is adversely affecting the work of any of his or her employees, he or she should discuss the matter with that employee. After such discussion, if no agreement is reached, both the Chief and the employee should request a hearing before the Mayor and the Police and Fire Committees. If the Mayor and the Police and Fire Committees concur, in the opinion of the Chief, the employee may appeal to a committee composed of one Alderman who is not a member of the Police and Fire Committees, a representative of labor and a representative of the Chamber of Commerce. Such representatives shall be mutually agreed upon. If the findings of the Mayor and Police and Fire Committees concur in the opinion of the employee, there shall be no appeal.
(1960 Code, § 3.32) (Ord. 2503, passed - -)
(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPOINTED OFFICIALS. Includes, but is not limited to, all members of any board, committee, commission or other body appointed by the city.
MUNICIPAL OFFICER. Any elected or appointed official of the city.
(B) No municipal officer shall vote on any proposition or issue before the body on which he or she sits if said officer will be directly or indirectly benefitted financially by the passage or failure of the proposition or issue.
(C) When a proposition or issue arises where a municipal officer will be directly or indirectly benefitted financially, it shall be the duty of said municipal officer to inform the body on which he sits of the possible financial benefit. If the proposition or issue is to be forwarded to the City Council for the final approval, then it shall further be the duty of said municipal officer to report to the City Council of his or her possible financial benefits from their action.
(1960 Code, § 3.34) (Ord. 3276, passed 12-30-1974)
(A) (1) When an employee of the city is indebted to the city, the city may withhold from the compensation of that employee the amount of the debt that is due and owing; provided, however, that, the maximum deduction for any work week shall not exceed the lesser of:
(a) Fifteen percent of the gross amount paid for that week; or
(b) The amount by which disposable earnings for a weed exceed 45 times the federal minimum hourly wage prescribed by 29 U.S.C. § 206(a)(1) as amended, in effect at the time the amounts are payable.
(2) No amounts required by law to be withheld may be taken for the amount collected by the creditor. The term disposable earnings means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld.
(B) The city may deduct any amount from the salary or wage of an employee of this section. The employee shall be given an opportunity for a hearing to dispute the debt that is due and owing to the city. The hearing shall be conducted by the city’s Finance Director.
(1960 Code, § 3.36) (Ord. 6484, passed 11-18-2002)
(A) The regulations of § 5-15 (5 ILCS 430/5-15) and Art. 10 (5 ILCS 430/10-10 through 10-40) of the state’s Officials and Employees Ethics Act, 5 ILCS 430/1-1 et seq., (hereinafter referred to as the “Act” in this section) 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.
(B) 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.
(C) 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.
(D) The participation in political activities prohibited under the Act, by any officer or employee of the city, is hereby prohibited.
(E) For the purposes of this section, the terms
OFFICER and EMPLOYEE shall be defined as set forth in 5 ILCS 430/70-5(c).
(F) The penalties for violations of this section shall be the same as those penalties set forth in 5 ILCS 430/50-5 for similar violations of the Act.
(G) This section does not repeal or otherwise amend or modify any existing ordinances or policies which regulate the conduct of city officers and employees. To the extent that any such existing ordinances or policies are less restrictive than this section, however, the provisions of this section shall prevail in accordance with the provisions of 5 ILCS 430/70-5(a).
(H) Any amendment to the Act that becomes effective after the effective date of this section shall be incorporated into this section 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 section by reference without formal action by the corporate authorities of the city.
(I) If the state’s Supreme Court declares the Act unconstitutional in its entirety, then this section shall be repealed as of the date that the state’s Supreme Court’s decision becomes final and not subject to any further appeals or rehearings. This section shall be deemed repealed without further action by the corporate authorities of the city if the Act is found unconstitutional by the state’s Supreme Court.
(J) If the state’s 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 section shall remain in full force and effect; however, that part of this section relating to the part of the Act found unconstitutional shall be deemed repealed without further action by the corporate authorities of the city.
(1960 Code, § 3.37) (Ord. 6650, passed 5-3-2004)
(A) Freedom of information officers.
(1) In accordance with § 3.5(a) of the state’s Freedom of Information Act (FOIA) (5 ILCS 140/3.5), the City Clerk is hereby designated as the Chief FOIA Officer who, except in instances when records are furnished immediately, shall receive requests submitted to the city under the FOIA, shall ensure that the city responds to requests in a timely fashion and shall issue responses under the FOIA. As Chief FOIA Officer, the City Clerk shall develop a list of documents or categories of records that the city shall immediately disclose upon request. As further contemplated by § 3.5(a) of the FOIA, the following positions are hereby designated as Deputy FOIA Officers authorized to act in assistance to and/or in the stead of the Chief FOIA Officer under the FOIA and this section:
(a) Treasurer;
(b) Assistant to the Mayor;
(c) Assistant City Clerk;
(d) Assistant Treasurer;
(e) Police Chief or designee; and
(f) Fire Chief or designee.
(2) The Chief FOIA Officer and Deputy FOIA Officers shall successfully complete an electronic training curriculum to be developed by the Public Access Counselor of the state and thereafter successfully complete an annual training program as required by § 3.5(b) of the FOIA (5 ILCS 140/3.5(b)).
(B) FOIA request process.
(1) (a) Upon receiving a request for a public record, the FOIA Officer shall:
1. Note the date the city receives the written request;
2. Compute the day on which the period for response will expire and make a notation of that date on the written request;
3. Maintain an electronic or paper copy of a written request, including all documents submitted with the request until the request has been complied with or denied; and
4. Create a file for the retention of the original request, a copy of the response, a record of written communications with the requester and a copy of other communications.
(b) Except in instances when records are furnished immediately, within one business day of receiving the request, the FOIA Officer shall distribute a copy of same to the offices of the Mayor and all relevant city departments and request production of responsive documents maintained by such offices. Within two business days thereafter, the offices of the Mayor and each city department so contacted shall provide any responsive documents to the FOIA Officer. Within one business day thereafter, the FOIA Officer shall draft and compile a response to the request, and review same with the City Attorney as necessary to determine the applicability of any exemptions under § 7 of the FOIA (5 ILCS 140/7). Within one business day thereafter, or any further extension under § 3(e) of the FOIA (5 ILCS 140/3(e)), the FOIA Officer shall provide a final response to the request. In accordance with § 9 of the FOIA (5 ILCS 140/9), any denial of a request by the FOIA Officer shall notify the requester in writing of the decision to deny the request, the reasons for the denial, including a detailed factual basis for the application of any exemption claimed, and the names and titles or positions of each person responsible for the denial, and shall also inform the person of the right to review by the Public Access Counselor, including the address and phone number for the Public Access Counselor, as well as the right to judicial review under § 11 of the FOIA (5 ILCS 140/11).
(2) Any records which are the subject of a request under the FOIA shall be retrieved from such place as they are stored, by the FOIA Officer, or by an employee of the city acting under the direction of the FOIA Officer. In no event shall records be retrieved by the party requesting them or by any person who is not employed by the city.
(3) If copies of records are requested, the fees for such copies, whether certified or not, shall be as determined from time to time by the FOIA Officer pursuant to § 6(b) of the FOIA (5 ILCS 140/6(b)). The City Clerk shall maintain a written schedule of current fees in the Clerk’s office. The fees so charged shall reflect the actual cost of copying the records, and the cost of certifying copies, if certification is requested.
(C) Preparation and maintenance of information. As Chief FOIA Officer, the City Clerk shall prepare and maintain the information required by § 4 of the FOIA (5 ILCS 140/4) for display in offices and on the city’s website, as well as inspection/copying.
(Ord. 7744, passed 1-21-2014)
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