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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)
(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)
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