2-32-350 Warrants, checks and electronic funds transfers – Form and signature.

   (a)   The mayor shall sign all warrants drawn upon the treasurer; and warrants shall be countersigned by the comptroller. Each warrant shall state the particular fund or appropriation to which the same is chargeable and the person to whom payable. No money shall be paid otherwise than upon warrants so drawn, except as provided otherwise in subsection (b).

   (b)   Notwithstanding any provision of this Code to the contrary, whenever the payment of city funds is required or authorized by warrant drawn upon the treasurer, signed by the mayor and countersigned by the comptroller, such payment instead may be made by an electronic funds transfer or by a check that is drawn upon the appropriate city depository. The check shall be signed by the mayor and countersigned by the comptroller.

(Prior code § 7-25; Amend Coun. J. 11-5-03, p. 9539, § 1)

2-32-360 Investigation of vouchered claims.

   Upon the presentation of any voucher for payment, the comptroller, in his discretion, before issuing a warrant therefor, is hereby authorized to cause to be made an inspection and examination of the article supplied and work and labor performed, whether by written contract or otherwise, as well as any items appearing in any such voucher, for the purpose of ascertaining that such items, or any of them, are correct and the price and quality of the labor or service performed and the price, quality and amount of goods, wares and merchandise represented by such voucher, are fair and just and in accordance with the terms of the written contract, if any there be, and that all requirements and obligations, expressed or implied, pertaining thereto, have been complied with. For any such examination and inspection, all departments, bureaus, boards and persons having supervision of work and labor or the purchasing of supplies or material to be paid for by the city, are hereby directed to render such assistance to the comptroller as may be necessary, to determine the price, quality and character of the work and labor performed, material supplied, or the faithful performance of contracts. If upon any such inspection and examination by the comptroller any irregularities are discovered, the comptroller shall report such irregularities to the city council.

(Prior code § 7-26)

2-32-370 Warrants – Cancellation conditions and procedures.

   Whenever any warrant drawn upon the treasurer remains in the hands of the comptroller uncalled for, or any warrant which has been delivered by the comptroller to the payee thereof, remains outstanding and unpaid, during a period of two years from and after the last day of the fiscal year in which such warrant was drawn, the comptroller may, in his discretion, cancel such warrant and credit the fund against which such warrant was drawn. The comptroller shall maintain a register of the warrants so canceled and shall notify the treasurer of the cancellation of such warrants as have been delivered to the payees thereof, and the treasurer shall withhold payment upon such warrants if presented for payment.

   Whenever any warrant drawn against a special deposit or special fund shall be canceled, the amount thereof shall be withdrawn from such special deposit or special fund and shall be placed in the corporate fund, except that in case the said special deposit or special fund was created for the security of payments accreditable to the water fund, the amount of the warrant canceled shall be placed in the water fund.

   Provided, however, that nothing in this section contained shall be deemed to authorize the cancellation of any warrant for the payment of any rebate out of any fund derived from any special assessment or special taxation, except in the manner provided by statute.

(Prior code § 7-27)

2-32-380 Appropriations and fees for paying canceled warrants.

   The city council shall annually, in its annual appropriation ordinance, provide a suitable appropriation for the payment of such warrants as have been canceled as provided in Section 2-32-370, to the person rightfully entitled thereto, who shall upon demand receive a new warrant in the same amount or so much thereof as he is rightfully entitled to. This new warrant shall be charged to the appropriation and fund provided and specified by the city council in the annual appropriation ordinance referred to herein, and a record of the payment of the same shall be kept upon the register of warrants canceled. Except in cases where the need to issue a replacement warrant is due to an error on the part of the City, the Comptroller shall charge a fee of $30.00 for each replacement warrant requested, to recoup the costs incurred by the City in connection with the request.

(Prior code § 7-28; Amend Coun. J. 11-17-10, p. 107294, Art. I, § 1)

2-32-390 Payment of judgments.

   All judgments shall be paid in the order of the date of entry upon the records of the court; provided, that if after the comptroller has sent notice by registered mail to the judgment creditor or his attorney of record that such claim is ready for payment and such judgment creditor fails to present such judgment, with satisfaction piece, for payment within 15 days, then judgments next in the order of entry shall be paid.

(Prior code § 7-29)

2-32-391 Fees in wage deduction proceedings.

   The city comptroller shall charge and collect a fee of $2.50 per compensation period (subject to the limits imposed by the Illinois Code of Procedure) for processing any wage deduction pursuant to court order.

(Added Coun. J. 11-10-94, p. 59125)

2-32-392 Wage garnishment for municipal debts.

   (a)   Power to Deduct Wages for Municipal Debts. The failure by an employee of the City of Chicago, the Chicago School Reform Board of Trustees or the successor Chicago Board of Education, the Board of Trustees of Community College District 508, the Chicago Transit Authority or the Chicago Park District to pay a debt due and owing to the city shall be considered a violation of the Municipal Code of Chicago. Any person who violates this section shall be subject to wage garnishment proceedings to satisfy the outstanding debt.

   (b)   Notice. The notice shall state: (1) the name and residence address of the employee; (2) that the employee has an outstanding debt that is due and owing the municipality; (3) the amount and nature of the debt; and (4) that the department of administrative hearings may issue a final order of deduction which shall authorize the comptroller to initiate wage deduction measures, if the employee fails, within 30 days of the date of the notice, to (i) pay any debt due and owing to the city; (ii) enter into a voluntary payment plan approved by the city; or (iii) file a written request for a hearing to dispute the debt.

   (c)   Hearing.

      (1)   If the employee elects to dispute the wage deduction and elects to appear in-person and/or by legal counsel, he or she must file a written request with the department of administrative hearings to schedule a hearing within 30 days of the date of the notice. If the employee fails to file a written request for a hearing within 30 days of the date of the notice, the employee shall be deemed to have waived his or her opportunity for a hearing and the city may proceed with a default hearing before the department of administrative hearings.

      (2)   (i)   If the alleged debt is due and owing to the city for a violation of the Municipal Code for which a final determination of liability has been entered, the administrative law officer in determining whether the debt is due and owing shall abide by the final determination of liability and the scope of review shall be limited to the amount of the debt, whether and to what extent the debt has been paid and whether the respondent is the debtor. The respondent shall not be entitled to raise any defenses related to his or her liability for the violation which gave rise to the debt.

         (ii)   If the alleged debt is due and owing for any other reason, the administrative law officer shall determine de novo whether a debt exists against the respondent and whether there is any valid defense to the debt.

   (d)   Proof of debt.

      (i)   Before an order of deduction is entered by an administrative law officer, including an order issued after a default hearing, the city shall be required to provide proof by a preponderance of evidence of the existence of the debt and the debt amount.

      (ii)   The case for the city shall be presented before the department of administrative hearings by the corporation counsel or a representative of the issuing department of the underlying source of the debt. In no event shall the case for the city be presented by an employee of the department of administrative hearings; provided, however, that documentary evidence, including a notice of violation, which has been prepared by another department or agency of the city may be presented at the hearing by the administrative law officer.

   (e)   Order. After the conclusion of the hearing, the administrative law officer shall make a final determination on the record as to whether or not a debt due and owing to the city exists against the employee. If the administrative law officer finds that a debt does exist, he or she shall issue a written order of deduction which shall also state the total amount found due and owing to the city by the employee.

   (f)   Deduction of wages.

      (i)   Upon receipt of a written order of deduction against an employee of the city, the comptroller shall deduct the full or a partial amount of the debt from any warrant for a salary or wage payment to which the employee is entitled, provided, however, that the amount deducted for any one salary or wage payment shall not exceed 25 percent of the net amount of such payment.

      (ii)   Upon receipt of a written order of deduction against an employee of the Chicago School Reform Board of Trustees or the successor Chicago Board of Education, the Board of Trustees of Community College District 508, the Chicago Transit Authority or the Chicago Park District, the comptroller shall provide notice to the employee's employer and request the withholding of compensation of that employee in accordance with the Illinois School Code, 105 ILCS 5/34-18 (19a), the Public Community College District Act, 110 ILCS 805/7-1.2, the Chicago Park District Act, 70 ILCS 1505/16b, or the Metropolitan Transit Authority Act, 70 ILCS 3605/28c.

      (iii)   For purposes of this section, "net amount" means that part of the salary or wage payment remaining after the deduction of any amounts required by law to be deducted; "salary or wage payment" includes hourly pay, salaries, commissions, bonuses or other compensation; and "debt due and owing" means a specified sum of money owed to the city for city services, work or goods after the period granted for payment has expired; and/or a specified sum of money owed to the city pursuant to a court order or order of an administrative hearing officer after the exhaustion of, or the failure to exhaust, judicial review.

(Added Coun. J. 7-30-97, p. 49898; Amend Coun. J. 11-12-97, p. 56813; Amend Coun. J. 4-29-98, p. 66564)

ARTICLE V. MUNICIPAL DEPOSITORIES (2-32-400 et seq.)