(A) Effect. The provisions of this section shall apply alike to all officers and employees of the city regardless of the time of creation of the office or position or the time of the appointment of the officer or employee.
(B) Qualifications; appointive office.
(1) No person shall be eligible for any appointive municipal office unless that person is a qualified elector of the municipality or otherwise provided by law.
(2) The residency requirements do not apply, however, to municipal engineers, health officers, attorneys or other officers who require technical training or knowledge. The duties of the former position of City Collector have been transferred to the City Treasurer. The Clerk has not been designated as the collector.
(C) Bond. Every officer and employee shall, if required by the City Council upon entering upon the duties of his or her office, give a bond in such amount and with such sureties as may be determined by the Council, conditioned upon the faithful performance of the duties of his or her office or position.
(D) Books delivered to successor.
(1) Every officer shall, upon going out of office, deliver to his or her successor all books, papers, furniture and other things appertaining to such office and which are the property of the city. Within five days after notification and request, any person who has been an officer of a municipality is required to deliver to his or her successor in office all property, books and effects in his or her possession belonging to the municipality or pertaining to the office he or she has held.
(2) Upon his or her refusal to do so, he or she shall be liable for all damages caused thereby and shall, upon conviction, be penalized according to the provisions of § 10.99(B) of this code of ordinances. He or she shall not receive his or her final check until his or her code book and keys are turned over to the City Clerk.
(E) Books open to inspection. Every officer shall, at all times when required, submit the books and papers of his or her office to the inspection of the Mayor or any committee or member of the City Council.
(F) Fees; report of fees.
(1) No officer of the municipality shall be entitled to charge or receive any fees as against the city. All officers of the city entitled to receive fees shall keep a correct account thereof and make a report thereof under oath to the City Council prior to the regular meeting of each month.
(2) 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 Treasury.
(G) 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 City Council may provide by law.
(H) Conservators of peace.
(1) After receiving a certificate attesting to the successful completion of a training course administered by the state’s Law Enforcement Training Standards Board, the Mayor, Aldermen and police officers in municipalities shall be conservators of the peace.
(2) Those persons and others authorized by ordinance shall have power:
(a) To arrest or cause to be arrested, with or without process, all persons who break the peace or are found violating any municipal ordinance or any criminal law of the state;
(b) To commit arrested persons for examination;
(c) If necessary, to detain arrested persons in custody overnight or Sunday in any safe place or until they can be brought before the proper court; and
(d) To exercise all other powers as conservators of the peace prescribed by the corporate authorities.
(3) All warrants for the violation of municipal ordinances or state criminal law, directed to any person, may be served and executed within the limits of a municipality by any police officer of the municipality. For that purpose, police officers have all the common law and statutory powers of sheriffs.
(I) Oath.
(1) Before entering upon the duties of their respective offices, all municipal officers, whether elected or appointed, shall take and subscribe to the following oath:
“I,
, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Illinois and that I will faithfully discharge the duties of the office of according to the best of my ability.” |
(2) The Mayor and the Clerk shall have the power to administer this oath or affirmation upon all lawful occasions.
(Prior Code, § 1-2-22) (Ord. 21-651, passed 9-9-2021)
Statutory reference:
Related provisions, see 65 ILCS 5/3.1-10-6, 65 ILCS 5/3.1-15-20, 65 ILCS 5/3.1-15-25, 65 ILCS 5/3.1-10-30, 65 ILCS 5/3.1-10-35 and 65 ILCS 5/3.1-10-40