2-152-140 Standard of care in appropriation and expenditure of public funds.

   (A)   Whenever used in this ordinance, the following words or terms shall have the following respective meanings unless different meanings clearly appear from the context:

      (a)   "City" means the City of Chicago, Illinois.

      (b)   "Employees" means individuals employed by the City of Chicago, either full-time or part-time.

      (c)   "Elected officials" means the mayor, city clerk, city treasurer, and aldermen of the City of Chicago.

      (d)   "Appropriation process" means any and all actions taken by elected officials and employees that in any manner relates to the appropriation of city monies, irrespective of the source of such monies.

      (e)   "Expenditure process" means any and all actions taken by elected officials and employees that in any manner relates to the expenditure of city monies irrespective of the source of such monies or the purpose of such expenditures.

   (B)   The standard of care for determining the legality of the appropriation or expenditure process of public funds is established as one of good faith. Employees or elected officials who expend or appropriate public funds shall not be personally liable for any act on behalf of the city to the extent that employees and elected officials have acted in good faith in the performance of their duties. This good-faith immunity shall be available in any action at law or equity, whether now pending or to be brought in the future, and regardless of the party initiating the action. Reliance by employees or elected officials upon the advice and opinions of the corporation counsel shall constitute good-faith performance of duties.

(Prior code § 25-13.2; Added Coun. J. 3-8-89, p. 25707)

2-152-150 Applicants for employment – Disclosure of indebtedness to City.

   (a)   Whenever used in this section, the following words and phrases shall have the following meanings:

   "Debt" means a specified sum of money owed to the City for which the period granted for payment has expired.

   (b)   Every person who is given an offer of employment with the City shall submit a debt check application to the Department of Human Resources.

   (c)   A person offered employment with the City, but who owes a debt to the City, shall not be hired by the City unless the Commissioner of Human Resources determines that such person:

      (1)   Has enrolled in a payment plan to pay the debts owed to the City with the Department of Finance, or other appropriate City department, with the ability for such enrollment to occur during the period after the offer of employment but required to happen before being hired by the City, and is in compliance with the agreement; or

      (2)   Is contesting liability for, or the amount of, the debt in a pending administrative or judicial proceeding; or

      (3)   Has filed a petition in bankruptcy and the debts owed the City are dischargeable in bankruptcy.

   (d)   This section shall not apply to unpaid workers such as volunteers who are not appointees to boards, commissions, and other similar bodies.

(Prior code § 25-13.3; Added Coun. J. 10-25-89, p. 5788; Amend Coun. J. 6-7-90, p. 17027; Amend Coun. J. 12-7-05, p. 64870, § 1.6; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 2; Amend Coun. J. 10-28-15, p. 11951, Art. I, § 2; Amend Coun. J. 11-7-22, p. 54948, Art. I, § 13)

2-152-155 Compliance with child support obligations – Condition of city employment.

   (a)   Every person who is given an offer of employment with the city shall file an affidavit with the department of human resources disclosing any unpaid court-ordered child support obligations owed by the applicant, and including the court number of their child support case and the county and state in which the child support case is pending.

   (b)   Where an applicant's affidavit discloses, or the department of human resources otherwise determines, that an applicant owes any unpaid court- ordered child support, such applicant shall only be hired by the city on the condition that he or she establishes one of the following within six months of the start of employment:

      (1)   the applicant has paid to the obligee all child support due under the court order, as evidenced by a certified court order or official clerk's record that no support is due and owing; or

      (2)   the applicant has entered into a court- approved agreement for the payment of all child support owed and is in compliance with that agreement; or

      (3)   the applicant is not an obligor under a court-ordered child support obligation.

   Failure to establish one of the above criteria within six months of the start of employment shall be grounds for discharge.

   (c)   In addition, all new and existing city employees must take all steps within their power to ensure that an income withholding notice for any current, ongoing child support obligation has been served upon the City of Chicago and amounts are being deducted from their salary or wages in compliance therewith.

   (d)   All city employees must comply with all court-ordered child support obligations as a condition of employment. Noncompliance shall be grounds for discipline.

   (e)   The department of human resources is authorized to treat administrative child support orders in the same manner as it does court-ordered child support obligations under this section and to promulgate rules and regulations to govern the treatment of such administrative orders. As used herein, "administrative child support orders" are orders or findings by the Illinois Department of Public Aid (or any other state agency authorized by statute to so act in its stead), pursuant to Article X of the Illinois Public Aid Code, 305 ILCS 5/10-1 to 1-022, or any similar statute, imposing child support payment obligations.

   (f)   The department of human resources is further authorized to do the following:

      (1)   investigate the child support payment records of employees and applicants to determine compliance with court-ordered child support obligations;

      (2)   provide information on employees and applicants to the appropriate Cook County and State of Illinois governmental entities, to the extent allowed by law, to assist those offices in enforcement of child support obligations;

      (3)   provide the names and business addresses of employees to persons seeking to enforce court- ordered child support orders and child support withholding notices, and their legal representatives, to the extent allowed by law, on the condition that such information be used solely for the purpose of assisting in child support enforcement; provided that the names and identifying information of persons seeking to enforce child support orders shall be deemed confidential; and

      (4)   promulgate regulations relating to the operation of this section.

(Added Coun. J. 2-7-96, p. 15393; Amend Coun. J. 7-29-98, p. 75051; Amend Coun. J. 12-7-05, p. 64870, § 1.6)

2-152-160 Misconduct – Removal from office.

   Any officer violating any provision of this chapter shall be deemed guilty of misconduct in office and shall be liable to removal from office thereof.

(Prior code § 25-13)

2-152-170 Legal representation for city employees and agencies.

   If any claim or action, either civil or criminal in nature, is instituted against a current or former elected official, current or former appointed official or current or former employee of the City of Chicago or any agency of the City of Chicago where such claim arises out of any act or omission, made in good faith, occurring within the scope of such person's office or employment, the chairman of the committee on finance of the city council, with the approval and concurrence of the mayor, may at the request of such person appoint counsel to defend such person against any such claim or action. Provided, however, that no city funds shall be expended directly or indirectly for payment of legal services rendered on behalf of any person upon the charge of such person by criminal complaint, information or indictment in criminal proceedings, and any appointment of counsel shall terminate. Provided further, that upon the conclusion of the criminal proceedings such person may request reimbursement of legal expenses and costs pursuant to the procedures set out herein, if such person has been acquitted or found not guilty or if all charges against such person in the action have been dismissed.

(Prior code § 25-13.1; Amend Coun. J. 4-12-91, p. 32835)

2-152-171 Reserved.

Editor's note – Coun. J. 7-25-12, p. 31123, § 5, repealed § 2-152-171, which pertained to whistle blower protection.

ARTICLE II. BONDING REGULATIONS (2-152-180 et seq.)

2-152-180 Bonds for city officers.

   Each of the following officers, before entering upon the duties of his office, shall execute a bond payable to the city in the penal sum of the amount hereinafter set opposite the title of the office, with good and sufficient sureties to be approved by the city council conditioned for the faithful performance of the duties of the office and the payment of all monies received by such officer:

      City clerk.....$5,000.00

      Comptroller.....$250,000.00

      City treasurer.....$2,000,000.00

      Mayor.....$10,000.00

      Chief procurement officer.....$50,000.00

   Officers who, by virtue of their office, are required or authorized to act in any other official capacity shall not be required to execute an additional bond before entering upon the duties of their respective offices ex officio.

(Prior code § 25-14; Amend Coun. J. 7-19-00, p. 38206, § 1; Amend Coun. J. 11-16-11, p. 13793, § 4; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 2)

2-152-190 Bonds for subordinate officers and employees.

   The city comptroller, the city clerk, and the city treasurer may severally require any of their subordinate officers or employees to give bond payable to such officer and the City of Chicago, or either of them, in the penal sum of such amount as may be required by him, with good and sufficient sureties to be approved by him, conditioned for the faithful performance of the duties of the office or position and the payment of all monies received by such subordinate officer or employee.

   Any subordinate officer or employee may be required by the head of any other department or agency of the city government to which such officer or employee has been appointed or by the city comptroller to give bond payable to the city in such a penal sum as may be approved by the city council, with good and sufficient sureties, conditioned for the faithful performance of the duties of the office or position and the payment if all monies received by such officer or employee. All such subordinate officers and employees who shall receive or have the care, custody or handling of any monies, property or other valuable thing belonging to the city shall be required to give such bond.

(Prior code § 25-15; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 2)

2-152-200 Term of bonds – Continuing liability.

   All bonds of officers and employees shall be continuing in effect so long as the officers and employees named therein shall continue in office and until payment is made by such officers and employees of all monies received by them; provided that liability under any such bond may be terminated in respect of any official act which shall be taken or occur after 30 days' written notice to the assured of the termination or cancellation of such bond by the surety or sureties. In case of termination or cancellation of any bond by any surety during the continuance in office or employment of any officer or employee, such officer or employee shall execute a new bond in the same manner, of the same character, and with the same conditions and penalties as are required by the foregoing sections of this chapter relating to bonding regulations.

(Prior code § 25-16)