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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)
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)
ARTICLE V. MUNICIPAL DEPOSITORIES (2-32-400 et seq.)
(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)
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)
It shall be the duty of the comptroller to obtain with each bid for interest upon city and school funds copies of the last two sworn statements of resources and liabilities of the bidding bank or savings and loan association as reported to the state or federal authority charged with the supervision of such banks or savings and loan associations and to present said statements to the city council with such bid. When requested to do so by the city council, the comptroller shall obtain from time to time from the banks and savings and loan associations to which awards are made copies of all reports of conditions made in response to the regular calls by the state and federal authorities. Together with the receipt of bids and sworn statement of resources and liabilities as aforesaid, the comptroller shall require of savings and loan associations submitting bids such reports, data and information as to the financial stability of the bidder as will assist in determining its compliance with standards promulgated by resolution of the city council for savings and loan depositories.
(Prior code § 7-33)
With each bid for interest upon city and school funds, the Comptroller shall obtain, in a form prescribed by the Comptroller, from each bidder, the lending and deposit information for its home office and for each branch office or facility the following information:
(a) Residential lending information. The following information to be reported on residential loans shall be classified separately for property containing (1) dwelling units for not more than four families and condominium and cooperative units; and (2) dwelling units for more than four families in the aggregate. Only loans closed within the previous calendar year shall be reported. Bidders must provide this data in a machine-readable format following a template provided by the Comptroller.
(1) The number and total amount of all loans made on residential property within the City of Chicago;
(2) The number and total amount of all loans made on residential property outside the City of Chicago, but located in the Chicago-Naperville-Arlington Heights, IL Metropolitan Division of the Chicago-Naperville-Elgin IL-IN-WI Metropolitan Statistical Area ("Chicago M.S.A.");
(3) The average effective interest rate for all loans, calculated separately according to the following loan purposes, made on residential property within the City of Chicago:
(A) Home purchase loans;
(B) Home refinancing loans;
(C) Home improvement loans;
(D) Home equity loans; and
(E) Construction loans;
(4) The average effective interest rate for all loans, calculated separately according to the following loan purposes, made on residential property outside the City of Chicago, but located in the Chicago M.S.A.:
(A) Home purchase loans;
(B) Home refinancing loans;
(C) Home improvement loans;
(D) Home equity loans; and
(E) Construction loans;
(5) The average downpayment as a percentage of purchase price on all home purchase loans made on property (1) within the City of Chicago and (2) outside the City of Chicago, but limited to the Chicago M.S.A.;
(6) The following data on conventional and F.H.A./V.A. residential home purchase loans shall be reported on an individual loan basis for residential properties within the City of Chicago:
(A) Census tract;
(B) Original loan amount;
(C) Amount of downpayment;
(D) Effective interest rate;
(E) Term of loan;
(F) Purchase price;
(G) Loan application date (not required for loans on dwelling units for more than four families in the aggregate);
(H) Points and fees (not required for loans on dwelling units for more than four families in the aggregate);
(I) Secured or unsecured (not required for loans on dwelling units for more than four families in the aggregate);
(7) The amount of each construction loan made on residential properties within the City of Chicago by census tract;
(8) The amount of each home improvement or rehabilitation loan made on residential properties within the City of Chicago by census tract;
(9) The amount of each residential home refinancing loan made on residential properties within the City of Chicago by census tract;
(10) The amount of each home equity loan made on residential properties within the City of Chicago by census tract;
(11) If the bidder is unable to produce the information regarding the interest rates and points and fees required under subsection (6) of this section from its information systems, the bidder shall provide: (i) a certificate in a form prescribed by the Comptroller certifying that it is unable to produce this information from its information systems; and (ii) any similar information that is available, which information may include rate sheets and weighted interest rates and points and fees.
(b) Consumer lending information.
(1) The number and total amount of all consumer loans made within the City of Chicago;
(2) The number and total amount of all consumer loans made within each census tract in the City of Chicago;
(3) The number and total amount of all consumer loans made outside Chicago but limited to the Chicago M.S.A.
(c) Commercial lending information.
(1) The number and total amount of all commercial loans made within the City of Chicago;
(2) The number and total amount of all commercial loans made within each census tract in the City of Chicago;
(3) The number and total amount of all commercial loans made outside Chicago but limited to the Chicago M.S.A.
(d) Savings and checking account information. The number of savings accounts and checking accounts and the total dollar balances in the savings and checking accounts stated separately for each census tract within the City of Chicago. The Comptroller is authorized to establish reporting dates for each bidder.
(e) Community Reinvestment Act information. A copy of the most recent evaluation performed by the United States Comptroller of the Currency of each bidder's performance under the Community Reinvestment Act, as amended, and a copy of the public section of the most recent written evaluation under the Illinois Community Reinvestment Act, 205 ILCS 735/35-1, et seq., as applicable. The City Comptroller shall transmit copies of all evaluations received to the City Council with the report of bids required by Section 2-32-400 of this Code.
(f) Optional. Each bidder may submit such additional material that is deemed relevant to consideration of the bid.
(g) Additional residential loan information. In addition to the information required in subdivision (a) of this section and the pledge required in Section 2-32-455, the following information is to be reported concerning residential loans made by the bidder and its affiliates on dwellings that are for not more than four families or that are condominium or cooperative units:
(1) The amount, application date, and term of each refinancing loan, including the amount refinanced on the original loan and the amount of new money financed (if any), as reported pursuant to subsection (V)(A)(8)(d) of Appendix A to Part 203 of Title 12 of the Code of Federal Regulations, as amended from time to time, by census tract for loans made within the City of Chicago. The report shall also indicate whether each loan is secured or unsecured;
(2) The amount, application date, and term of each home improvement loan including originations and purchases, and multiple purpose loans that are classified as home improvement loans because they involve a home improvement purpose, as reported pursuant to subsection (V)(A)(8)(b) of Appendix A to Part 203 of Title 12 of the Code of Federal Regulations, as amended from time to time, by census tract for loans made within the City of Chicago. The report shall also indicate whether each loan is secured or unsecured;
(3) The amount, application date, and term of each home loan classified as a construction loan made on property within the City of Chicago by census tract. The report shall also indicate whether each loan is secured or unsecured;
(4) The interest rates and points and fees paid on each of the loans reported under subdivisions (1), (2) and (3), respectively, unless the bidder is unable to produce this information from its information systems, in which case the bidder shall provide: (i) a certificate in a form prescribed by the Chief Financial Officer or the Comptroller certifying that it is unable to produce this information from its information systems, and (ii) any similar information that is available, which information may include rate sheets and weighted interest rates and points and fees; and
(5) (A) The total number of loans secured by residential real property located within the City of Chicago that were made by the bidder;
(B) The total number of loans secured by residential real property located within the City of Chicago that had been made by the bidder and that were foreclosed by the bidder by census tract; regardless of when the loan was made;
(C) The total number of loans reported in clause (A) where the premium of any single premium credit life, credit disability, credit unemployment or any other life or health insurance was financed directly or indirectly into the loan; and
(D) The total number of loans reported in clause (B) where the premium of any single premium credit life, credit disability, credit unemployment or any other life or health insurance was financed directly or indirectly into the loan.
The information required to be reported in this subsection (g) shall be reported separately for each financial institution and affiliate.
(h) Mortgage applications not approved. The denial reasons for mortgage applications for residential properties within the City of Chicago, as reported pursuant to the federal Home Mortgage Disclosure Act, 12 U.S.C. 2801, et seq., by race, sex, and census tract.
(i) Depository information. The number and locations of each of the bidder's facilities located within the City of Chicago, and the census tract of each facility, as reported pursuant to the Community Reinvestment Act. Further, it is requested that bidders with more than 500 employees provide employment and demographic data consistent with that provided with EEO-1, required by the U.S. Equal Employment Opportunity Commission.
(Prior code § 7-34; Amend Coun. J. 2-9-94, p. 45020; Amend Coun. J. 8-30-00, p. 39074, § 1; Amend Coun. J. 7-29-03, p. 4748, § 1; Amend Coun. J. 9-14-21, p. 34254, § 1)
With each bid for interest upon City and school funds, the Comptroller shall obtain signature by either the chairman of the board, chief executive officer, or an officer acceptable to the Comptroller, of the bidding bank or savings and loan association on the following pledge:
We pledge not to arbitrarily reject mortgage loans for residential properties within a specific geographic area in Chicago because of the location and/or age of the property, or in the case of proposed borrower to arbitrarily vary the terms of those loans or the application procedures for those loans on the basis of race, color, religion, national origin, age, sex, gender identity, marital status, ancestry, sexual orientation, parental status, source of income, disability or military status. In addition, we pledge to make loans available to low- and moderate-income residential property in the neighborhoods of the City of Chicago within the limits of our legal restriction and prudent financial practices.
We understand that arbitrarily rejecting or varying the terms and/or application procedures of mortgage loans on the basis of the factors listed above may result in the loss of our designation as a municipal depository or a custodian, or both.
We certify on information and belief that we are in substantial compliance with consumer financial protection laws, subject to any previous disclosures made by us or by regulatory agencies.
(Prior code § 7-34-1; Amend Coun. J. 2-9-94, p. 45024; Amend Coun. J. 7-29-03, p. 4748, § 2; Amend Coun. J. 2-10-16, p. 18514, § 1; Amend Coun. J. 9-14-21, p. 34254, § 1; Amend Coun. J. 10-27-21, p. 39543, Art. II, § 1)
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