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.)

2-32-400 Bids awarded annually – Conditions.

   (a)   Advertising, transmittal, and award of bids. It shall be the duty of the Comptroller, at least once each year before the first day of December, to advertise for bids, from national and state banks and federal and state savings and loan associations seeking to be designated as municipal depositories, for the payment of interest upon the funds of the City of Chicago and Chicago Board of Education. Provided, however, that Chicago local school funds which are designated by the Chicago Board of Education as school internal accounts which, in general, are funds raised and expended for educational programs and for the benefit of students, shall be excluded from the funds of the Chicago Board of Education that are subject to the provisions of this Article V.

   Such bids and all information collected pursuant to this Article V shall be transmitted concurrently by the Comptroller to the City Council for its information and consideration no later than the fifteenth day of December of each year, to the end that an award or awards may be made upon such bids by the City Council before the beginning of each fiscal year. Concurrently with the transmission to the City Council of the information required under this paragraph, the Comptroller shall publish such information on the Comptroller's website and the City of Chicago Data Portal, except to the extent that the information to be published has been redacted because it is exempted from disclosure by the Illinois Freedom of Information Act or any other applicable law.

   Prior to the City Council approving any award to a prospective municipal depository, at least one subject matter hearing, at which no vote will be taken, shall be held annually by the Committee on Finance to discuss such information transmitted by the Comptroller to the City Council under this section.

   Such awards shall be made to the highest and best responsible bidder or bidders. The City Council shall have the power to reject any or all bids and to designate as many municipal depositories as it deems necessary to protect the city's interests. Only state or national banks or federal or state savings and loan associations that are regularly organized, and are federally insured under the Federal Deposit Insurance Act, and maintain an office within the corporate limits of the City of Chicago shall be designated as municipal depositories.

   (b)   Duplicate copy of bid to be submitted to the Treasurer. Each bank or savings and loan association that submits a bid to the Comptroller pursuant to subsection (a) of this section shall simultaneously submit a duplicate copy of its bid submission, including any subsequent amendments thereto, to the Treasurer.

   (c)   Failure to designate – Legal effect. If, prior to the beginning of any fiscal year, the City Council fails to enact an ordinance designating municipal depositories for such fiscal year, the municipal depositories in existence as of 11:59 P.M. on the last day of the year immediately preceding commencement of the applicable fiscal year shall retain their designation as municipal depositories until ten days after any such ordinance takes legal effect.

   (d)   Acquisition, merger or consolidation – Legal effect on municipal depository designation. If a municipal depository acquires or is acquired by, or merges or consolidates with, any other bank or savings and loan association or subsidiary thereof, regardless of whether such bank or savings and loan association or subsidiary thereof is a municipal depository, such newly created or successor bank or savings and loan association shall be deemed, by operation of law, to be a municipal depository as of the date of acquisition, merger or consolidation. Such designation shall remain in effect until ten days after an ordinance designating municipal depositories for the next applicable fiscal year takes legal effect.

   (e)   The requirements for municipal depositories shall also apply to those institutions seeking to be designated as custodians of securities for the City.

(Prior code § 7-30; Amend Coun. J. 12-11-96, p. 36356; Amend Coun. J. 9-14-16, p. 29717, § 1; Amend Coun. J. 9-14-21, p. 34254, § 1; Amend Coun. J. 10-27-21, p. 39543, Art. II, § 1)

2-32-410 Federal insurance required.

   In advertising for bids from banks and savings and loan associations for the payment of interest upon funds to be deposited in such banks or savings and loan associations, it shall be the duty of the comptroller to inform prospective bidders that, for the protection of the public interest, awards shall be made only to national and state banks, and to federal and state savings and loan associations, that are regularly organized, and are federally insured under the Federal Deposit Insurance Act, and maintain an office within the corporate limits of the City of Chicago.

(Prior code § 7-31; Amend Coun. J. 9-14-16, p. 29717, § 2)