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1. VILLAGE ADMINISTRATOR
2. VILLAGE TREASURER
3. FINANCE DIRECTOR
5. VILLAGE ATTORNEY
6. VILLAGE PROSECUTOR
7. OFFICERS AND EMPLOYEES GENERALLY
2-1-1 Authorization to employ Administrator; appointment
2-1-4 Chief Administrator
2-1-5 Acting Administrator
2-1-6 Appointment powers
2-1-7 Administrator to serve as Budget Officer
2-1-8 Powers and duties of Budget Officer
2-1-9 Authority to revise budget
2-1-10 Powers and duties of Administrator
2-1-11 Matters directed to Administrator’s attention
Purchasing and contracting, see Ch. 5, Art. 8
The President and Board of Trustees are hereby authorized to employ a Village Administrator. Such Administrator shall be appointed by the President, by and with the advice and consent of the Board of Trustees. The Village Administrator may also be referred to or be known as the Village Manager.
The Village Manager shall furnish a bond in such amount and with such surety as may be approved by the corporate authorities, such bond to be conditioned upon the faithful performance of his or her duties. The cost of the bond shall be paid by the village. The bond of the Village Manager may be part of a blanket bond.
The Village Manager shall receive such compensation as the corporate authorities shall, from time to time, establish.
The Village Manager, under and subject to the direction of the corporate authorities, shall be the Chief Administrator of the village, and shall be responsible to the corporate authorities for the proper administration of the affairs of the village.
If, because of a temporary absence, disability or illness, the Manager is unable to carry out the functions of this office, the corporate authorities may appoint an Acting Administrator to carry out the duties of the Village Manager during the Village Manager’s absence.
The Village Manager may appoint such assistants, department heads or employees as are necessary to the proper functioning of the village; except that, the Village Manager may not appoint those officers which are by law or ordinance required to be appointed by the Village President.
The Village President and Board of Trustees shall appoint the Budget Officer who is the Village Manager.
The Village Manager shall have all the powers and duties provided for in 65 ILCS 5/ now in effect and as hereafter amended.
The Village Manager has the authority to approve budget transfers where the amount, in total, does not exceed $5,000 and the transfer is within the same department. Any transfers in excess of $5,000 and/or transfers between departments must be presented to the Village Board for its approval. Any increase or decrease to the budget, in the form of a budget amendment must also be presented to the Village Board for its approval. Pertaining to program budgets, the Village Manager has the authority to approve budget transfers, in any amount, between programs within the same department as long as the total amount of the department’s budget does not change.
(Ord. 2009-10-59, passed 10-19-2009)
The Village Manager shall have the following powers and duties:
(A) Enforce all laws and ordinances of the village;
(B) Attend all meetings of the Board of Trustees. The Village Manager shall have the right to take part in the discussion of all matters coming before the Board, but shall have no right to vote. The Village Manager shall be entitled to notice of all special and regular meetings of the Board of Trustees;
(C) Recommend to the Board such measures as, in his or her judgment, he or she deems to be in the best interest of the village;
(D) Appoint all village employees, except for those covered by the Board of Fire and Police Commissioners;
(E) The Village Manager shall present to the Board of Trustees personnel rules and regulations to be adopted by motion of the Board of Trustees. These rules may cover procedures and policies to govern the following phases of the personnel program:
(1) The administration of the position classification and pay plans;
(2) Procurement, promotion, evaluation, transfer and separation of village personnel;
(3) Establishment of hours of work, attendance, leave regulations and working conditions;
(4) Rules covering the outside employment, nepotism and political activity of village personnel;
(5) Maintenance and use of necessary records and forms; and
(6) System of handling all grievances.
(F) Conduct the collective bargaining process of the village;
(G) Exercise control of all departments and divisions thereof now in existence or that may hereafter be created by the Board, except as limited or restricted by ordinance;
(H) Recommend to the Board the creating, consolidating and combining of offices, positions, departments or units of the administrative and executive departments of the village;
(I) Investigate all complaints in relation to matters concerning the administration of the government of the village and services maintained by the public utilities in the village, and see that all franchises, permits and privileges granted by the village are faithfully observed;
(J) Sign on behalf of the village any contract authorized by the Board of Trustees, except where the Board or state statutes direct that some other officer shall do so. It shall be the duty of the Village Manager to see that all terms of any contract to which the village is a party are fully performed by all parties hereto;
(K) Keep a current inventory of all real and personal property of the village and location of such property. The Village Manager shall be responsible for the care and custody of all village property which is not assigned to some other officer or body for care and control;
(L) Devote his or her entire time to the discharge of his or her official duties; and
(M) The Village Manager shall perform such other duties as may be required by the Board of Trustees consistent with law and the ordinances of the village.
All offices and departments shall submit all matters requiring Board of Trustees’ action or attention to the Village Manager, who shall submit them to the Board with recommendations as may be deemed necessary. All departmental or employee requests shall be submitted to the Village Manager and shall receive instruction as to policy and departmental operation from the Manager.
2-2-1 Office established, appointment and term of office
2-2-3 Oath of office
2-2-6 General duties
2-2-7 Deposit of funds; private use of funds
2-2-10 Special assessment funds
2-2-11 Warrants and transfer of funds
2-2-12 Report of funds
2-2-13 Annual report of Treasurer
2-2-14 Additional duties
There is hereby established the office of Village Treasurer, who shall be appointed by the Village President, with the advice and consent of the Board of Trustees. The Village Treasurer shall serve an indefinite term which shall not be longer than that of the appointing authority, and shall immediately relinquish the office and its records to such person as may be named by the Village President as the Village Treasurer’s successor.
No person shall be eligible to hold the office of Village Treasurer unless he or she is a qualified elector of the village and has resided therein at least one year next preceding his or her appointment, and who is not a defaulter to the village. The Village Treasurer shall hold no other village office during his or her term as Treasurer.
Before entering upon the duties of his or her office, the Village Treasurer shall take and subscribe the oath of office as prescribed by statute. This oath, so subscribed, shall be filed in the office of the Village Clerk.
(A) The Village Treasurer shall give a bond, before entering upon the duties of the office, in the sum required by the Board of Trustees, but the amount shall not be less than that required by statute. This bond shall be conditioned upon the faithful performance of the Village Treasurer’s duties and shall be conditioned to indemnify the village for any loss by reason of any neglect of duty or any act of the Treasurer.
(B) Such bond shall be approved by the corporate authorities and filed with the Village Clerk. The premium of such bond shall be paid by the village.
The Village Treasurer shall receive such compensation as may, from time to time, be prescribed.
The Village Treasurer shall receive all money collected by other officers or employees. The Treasurer shall pay out money only on vouchers or orders properly signed by the Village President and Village Clerk.
The Village Treasurer shall deposit the village funds in such depositories as may be selected from time to time by ordinance, by the corporate authorities and in accordance with statutes. The Treasurer shall keep the deposit of the village money separate and distinct from the Treasurer’s own money, and shall not make private or personal use of any village money.
The Village Treasurer shall keep records showing all money received, showing the source from which it is received and the purpose for which it is paid, and the Treasurer shall keep records at all times showing the financial status of the village.
The Village Treasurer shall keep such books and accounts and in such manner as required by statute or ordinance.
(A) All moneys received on any special assessment shall be held by the Village Treasurer in special funds, one for each assessment, to be applied only to the payment of the improvement, or bonds and vouchers issued therefor, together with interest thereon, for which the assessment was made, and such money shall be used for no other purpose, unless to reimburse the village for money expended for such improvement.
(B) Payment on bonds or vouchers shall be made in accordance with statutes, and the Village Treasurer shall keep books and accounts in such a manner that proper prorations in payments of principal and interest can be made and ascertained.
All warrants drawn on the Village Treasurer must be signed by the Village President and countersigned by the Village Clerk, stating the particular fund or appropriation to which the same is chargeable, and the person to whom payable; and no money shall be otherwise paid, except as may be provided by statute. Money shall not be transferred by the Village Treasurer from one fund to another after it has been received by the Treasurer, nor appropriated to any purpose other than that for which it has been collected or paid, except as may be ordered by the President and Board of Trustees in the manner and form prescribed by statute.
The Village Treasurer or the Finance Director shall render an account under oath to the Village Board, monthly, showing the state of the treasury at the date of the account and the balance of the money in the treasury. There shall accompany such account a statement of all moneys received into the treasury and on what account, together with all warrants, bonds, vouchers, redeemed and paid by the village.
The Village Treasurer, prior to September 1 of each year, shall prepare and file with the Village Clerk an account of all moneys received and expenditures incurred during the preceding fiscal year as prescribed by statute. A copy of the annual account of the Treasurer shall also be filed with the County Collector of Taxes who collects taxes levied by the village, together with an affidavit of the Village Clerk certifying its publication as required by law and its correctness.
Publication of report by Clerk, see § 1-6-14
In addition to the duties herein provided, the Village Treasurer shall perform such other duties and functions as may be required by statute or ordinance.
2-3-1 Position established; appointment
2-3-4 Endorsement of instruments payable to the village
2-3-5 Signing of checks, orders for payment of money
2-3-6 Procedure for bad debt write-off
Taxation and Finance, see Ch. 5
The position of Finance Director is hereby created as an employment with the village and shall be appointed by the Village Manager. At the Village Manager’s discretion, the Finance Director may be removed. In the absence of the appointment of a Village Treasurer, the Finance Director shall perform all duties and shall possess all powers authorized or established by the ordinances of the village or the statutes of the state for the office of Village Treasurer. If a Village Treasurer is appointed, the Finance Director shall perform such duties as are assigned by ordinance, the corporate authorities, the Village Manager or the Treasurer with permission of the Village Manager.
(A) The Finance Director shall give a bond, before entering upon the duties of employment, in the sum required by the Board of Trustees. This bond shall be conditioned upon the faithful performance of the duties of Finance Director, and shall be conditioned to indemnify the village for any loss by reason of any neglect of duty or any act of the Finance Director. The bond of the Finance Director may be a blanket bond.
(B) Such bond shall be approved by the corporate authorities and filed with the Village Clerk. The premium of such bond shall be paid by the village.
The Finance Director shall report directly to the Village Manager. In addition to such duties which may be assigned to the Finance Director by the corporate authorities, Village Manager or the Treasurer with permission of the Village Manager, the Finance Director shall have the following responsibilities:
(A) Maintenance and custody of all payroll and general personnel records, except the Board of Fire and Police Commissioner’s records;
(B) Keeping the general ledger and accounts of the village;
(C) Keeping a record of all liens which may accrue on behalf of the village and filing such liens with the appropriate governmental body;
(D) Receiving all revenue to the village;
(E) Performing all utility billing on behalf of the village;
(F) Working with the Village Manager and Budget Officer in preparation of the village budget;
(G) Providing financial planning analysis, forecasting and investment advice to the village; and
(H) Reporting to the Village Manager and the Board of Trustees on the financial status of the village.
The Finance Director is hereby authorized to endorse for deposit any and all checks, drafts, notes, bills of exchange and orders payable to the order of the village.
The Mayor or a Trustee and the Manager, Finance Director or Treasurer must sign all checks for the withdrawal of funds so that each check shall have the signature of an elected official or employee of the village. However, a facsimile signature of the Mayor and the Finance Director or Treasurer may be affixed to such documents by the Finance Director or his or her designee by means of engraving, imprinting or other means of reproducing the manual signatures.
(Ord. 97-07-44, passed 7-7-1997)
(A) All payments and debts due to the village and deemed uncollectible shall be reported to the corporate authorities in an annual report within 90 days after the conclusion of each fiscal year. If such debts or payments deemed uncollectible shall in any fiscal year amount to less than $2,500 in the aggregate with no single amount in excess of $500, the unpaid amount may be written off the books and records of the village as “bad debts” by administrative action. In such case, the amount “written off” shall be reported to the Village Manager. All payments or debts deemed uncollectible which shall in any fiscal year amount to an aggregate total of more than $2,500 and any individual amount of more than $500 may only be “written off” the books and records of the village by the Finance Director after such action is approved by motion of the corporate authorities.
(B) If the “write-off” is the result of a bankruptcy, the approval of the corporate authorities is not necessary and the amount written off shall be included in the report that is given to the Village Manager.
(Ord. 99-03-21, passed 3-15-1999)
This article, formerly “Deputy Village Clerk”, was repealed by Ord. 2011-04-10, passed 4-18-2011. It was reserved for future use at the discretion of the editor.
2-5-1 Employment of Village Attorney
2-5-4 Suits and actions
2-5-5 Special assessments
2-5-6 Additional legal counsel
The corporate authorities shall employ an attorney or firm of attorneys as the Village Attorney for the village, either as an officer or as an independent contractor. If serving as an officer, the Village Attorney shall take an oath of office and post a bond in the amount of $1,000. The cost of such bond shall be paid by the village.
The Village Attorney shall receive such compensation as may, from time to time, be provided by contract, motion or ordinance.
(A) The Village Attorney shall advise the President and Board of Trustees or any officer of the village in all matters of law in which the interests of the corporation are involved and, when required by the President or Board of Trustees, shall furnish written opinions upon any subject submitted to him or her pertaining to the village and its interests.
(B) When requested by the President or Board of Trustees, and upon such financial arrangement as shall prevail, the Village Attorney shall prepare all ordinances and resolutions, contracts, leases and other documents or instruments to which the village may be a party, and shall attend all regular and special meetings of the Board and such other village meetings at which the Village Attorney’s attendance is required.
(C) The Village Attorney shall assist the Village Prosecutor upon his or her request.
Except for the prosecution of ordinance violation cases, which he or she shall perform only when specifically so directed, the Village Attorney, upon such financial arrangement as shall prevail, shall prosecute or defend any and all suits or actions at law or equity to which the village may be a party, or in which it may be brought against, or by, any officer of the village on behalf of the village, or in the capacity of such person as an officer of the village.
Upon such financial arrangement as shall prevail, it shall be the duty of the Village Attorney to carry out the legal work involved in all special assessment proceedings and condemnation proceedings.
The corporate authorities may, from time to time, employ additional lawyers to perform specialized, consultant or advisory services to the Village Attorney or the village.
2-6-1 Employment of Village Prosecutor
The corporate authorities shall employ an attorney or firm of attorneys as the Village Prosecutor for the village, either as an officer or as an independent contractor.
The Village Prosecutor shall receive such compensation as may, from time to time, be provided by contract, motion or ordinance.
(A) The Village Prosecutor shall prosecute all ordinance violations of the village unless the corporate authorities shall assign the prosecution of certain cases to some other attorney.
(B) The Village Prosecutor shall notify the Village Attorney of any notice of appeal served in connection with the imposition of any fine or other penalty for a violation of a village ordinance. The Village Attorney shall, when directed and upon such financial arrangement as shall prevail, represent the village in such appeal.
2-7-2 Term of office
2-7-4 Oath of office
2-7-7 Assignment of duties
2-7-8 Inspection of records
2-7-9 Delivery of records upon termination
2-7-10 Moneys received
2-7-12 Conservators of peace
2-7-13 Police powers of certain employees
2-7-14 Holding other offices prohibited
2-7-15 Declaration of employment policy
2-7-16 Coverage and application of personnel rules and regulations
2-7-17 Amendments of personnel rules and regulations
2-7-18 Emergency interim successors
The provisions of this article shall apply to all officers and employees of the village, regardless of the time of the creation of the office or position or the time of the appointment of the officer or employee.
Every appointed officer of the village shall hold office for an indefinite term, or until his or her successor is appointed and qualified, unless otherwise provided by ordinance. Any officer appointed by the Village President for an indefinite term may be removed by the Village President at any time without cause.
In the event a vacancy occurs, it shall be filled in the same manner in which appointments are made in the absence of provisions to the contrary.
Every officer of the village shall, before entering upon his or her duties, take the oath prescribed by statute. This oath, so subscribed, shall be filed with the Village Clerk.
Unless otherwise specified by this code, or by statute, the bond required of any appointed officer shall be $1,000. All bonds, except the bond for the Village Treasurer, may be under a blanket bond.
All appointed officers and employees of the village shall receive such compensation as may, from time to time, be provided by the corporate authorities.
The Village President and Board of Trustees shall have the power to establish by ordinance any additional duties, rules and regulations for appointed officers.
All records kept by any officer or employee of the village shall be open to inspection by the President, or any member of the Board of Trustees, at all reasonable times whether or not such records are required to be kept by statute or ordinance.
(A) Every officer of the village, upon the expiration of his or her term, for whatever cause, shall deliver to his or her successor all property, books, records and effects belonging to the village, or pertaining to the office he or she has held, within five days after notification and request to do so. If no successor has been appointed, such property shall be delivered to the Village Clerk or Village Treasurer.
(B) Any officer or employee violating the provisions of this section shall, upon conviction, be fined not less than $100, nor more than $500.
Every officer and employee of the village shall, within seven days, turn over all money received by him or her in his or her official capacity to the Village Treasurer with a statement showing the source from which the same was received.
Any officer of the village may resign from his or her office. If such officer resigns, he or she shall continue in office until his or her successor has been chosen and has qualified. If there is a failure to appoint a village officer, or the person appointed fails to qualify, the person filling the office shall continue in office until his or her successor has been chosen and has qualified.
The Village President, members of the Board of Trustees and all sworn personnel of the Police Department, are hereby declared to be conservators of the peace with such powers as are given to conservators of the peace by statute.
For the purpose of enforcing this code of ordinances, the Subdivision Code, Zoning Code and Building Construction and Maintenance Codes of the village, the following employees shall be vested with police powers in the enforcement of code compliance and issuance of citations for ordinance violations: Community Service Technicians, Engineering Services Director, Assistant Village Engineer, Civil Engineer II, Stormwater Administrator, Engineering Inspectors, Community Development Director, Planning and Economic Development Manager, Development Services Manager, Code Professionals, Public Works Director and Superintendent of Operations. For the purpose of enforcing the Fire Code, the above officials and employees shall all be vested with police powers as shall employees of the Carol Stream Fire Protection District acting under an intergovernmental agreement with the village.
(Ord. 2009-05-20, passed 5-4-2009; Ord. 2018-07-29, passed 7-16-2018)
The Village President, Village Trustees, Village Clerk and the Village Treasurer shall hold no other village office during their respective terms as President, Trustees, Clerk or Treasurer.
It is the intent of the corporate authorities of the village that employment in the village shall be based upon merit and shall be free of personal and political considerations. Just and equitable incentives and conditions of employment shall be established and maintained to promote efficiency and economy in operation of the village government. Positions shall be classified and compensated for on a rational basis. Appointments and promotions, where possible, shall be based on systematic tests and evaluations. Every effort shall be made to stimulate high morale by fair administration and consideration of the rights and interest of the persons affected, consistent with the best interests of the public and the village.
The personnel rules and regulations adopted by the corporate authorities shall apply to all appointed officers and employees of the village, except members of citizens’ boards and commissions, the Village Manager, volunteer personnel and persons appointed to serve without pay, consultants and counsel rendering professional service and such positions involving seasonal or part-time temporary employment. If a matter is not covered within the personnel rules and regulations adopted by the corporate authorities, that matter shall be governed by the general provisions of state law governing the power of municipal governments to deal with its officers and employees.
Amendments of personnel rules and regulations may be proposed by the Village Manager and shall become effective upon approval by motion of the President and Board of Trustees.
The emergency interim successors for the Office of Mayor shall be that Trustee who is currently serving as Mayor Pro Tem and, thereafter the Trustee who has served the longest continuous period. In the event that two Trustees shall have assumed office at the same time, the person to be chosen shall be selected in alphabetical order. The emergency interim successors shall take office in the event of the occurrence of those conditions and in the manner provided for in the Emergency Interim Executive Succession Act, 5 ILCS 275/1-1 et seq.
(Ord. 97-07-45, passed 7-7-1997)