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(A) The City Attorney shall be the legal adviser of the city, and when required shall advise the City Council or any official in all matters of law in which the interests of the city are involved, and shall draw such current ordinances, bonds and contracts or examine and approve the same, as may be required by the Mayor and/or Commissioners, or any other official; shall attend all meetings of the Council and of the Board of Local Improvements when requested so to do by the Mayor or Commissioners; shall prosecute or defend all suits or actions for the violation of any city ordinance or other action in which the city shall be a party or has any interest, in any court or before any judicial tribunal, and use all necessary and proper means for the enforcement or protection of the rights of the city, and when from any cause said City Attorney is not able to attend to the duties of the office he may, with the consent of the Mayor, appoint someone to act for the city; and whenever in the opinion of the Council the interest of the city may require it, an assistant counsel may be employed at the expense of the city.
(B) Appeals to the Appellate Court and Supreme Court shall only be taken upon the approval of the Council. The City Attorney shall have power to adjust all pending litigation and to settle same upon the authority of the Council; shall report to the Council any defects which may be discovered in any ordinance or in the authorized powers of any city officer, with a recommendation for remedying the same; shall cause executions to be issued upon all judgments recovered in favor of the city and see to their prompt collections; shall examine all fee bills of officers of courts and certify to the correctness of the same and the liability of the city therefor; shall transcript appeals from the judgment of any Justice of the Peace to the city court or the circuit court of the county in any case when it is believed public interest requires it, but no appeal or writ of error shall be taken by said City Attorney on behalf of the city to any higher court unless authorized or directed to do so by the Council; shall be entitled to receive from any city officer certified copies of any paper, contract or other document which may be required in the prosecution or defending of any suit, or which may be needed for any other purpose connected with the proper transaction of the duties of the office.
(C) The City Attorney shall annually or more often if required by the Council, report in writing to the Council a detailed statement of all actions instituted and pending in courts of record wherein the city is plaintiff or defendant, giving the names of the parties to the suit, the date of commencement, the nature thereof and the several steps taken to bring the same to final issue; shall give a list of all cases disposed of in any court of record during the year with such remarks as may be deemed proper to the end that the Council may be kept fully advised as to the legal affairs of the city.
(D) He shall not be required to prosecute any suit or action under the provisions of this code, when upon investigation of the same he shall become satisfied that the complaint was instituted maliciously or vexatiously and without probable cause; or where there is not sufficient evidence in his judgment to obtain a conviction; and he shall be authorized to discontinue any such suit or proceeding upon such terms as may be deemed just and equitable and shall have and possess the powers and rights usually possessed by attorneys-at-law when acting for said city.
('71 Code, § 1-9-3)
CITY MANAGER
The position of city manager is created. The City Council will select an individual to fill this position. The City Manager holds his office at the pleasure of the Council, and is responsible for the efficient administration of the business of the city. The City Manager shall be selected solely on the basis of executive and administrative ability and without regard to his political beliefs. The City Manager need not be a resident of the city when appointed, but shall reside in the city within six months of his appointment. He shall continue to reside within the city throughout his tenure of office.
(Ord. 2834, passed 6-14-93)
The City Manager shall take and subscribe to the oath prescribed by statute. Before entering into the duties of his office the City Manager shall execute a bond in the minimum amount as specified for the treasurer per statute (ILCS Ch. 65, Art. 5, § 5-3-9), which shall be payable to the city. The city shall bear the full cost of this bond or any other fidelity or bond required of the City Manager under any law. The City Council shall set the City Manager's compensation.
(Ord. 2834, passed 6-14-93)
In the case of a vacancy in the office of the City Manager, or in case of the City Manager's temporary disability to act as manager, discharge by the Council, or resignation, the Council shall appoint a Manager Pro Tempore who shall possess the powers and duties of the Manager. The Manager Pro Tempore shall be a qualified administrative officer of the municipality. In the case of scheduled absences from the city, such as a vacation, the City Manager will designate in writing a qualified administrative officer of the city who will act in his stead.
(Ord. 2834, passed 6-14-93)
The City Manager shall be the chief administrative officer of the city government and shall exercise general supervision over all city departments, except as otherwise provide by law; he shall be responsible for the efficient and economical conduct of all such departments. The City Manager shall have the powers and duties specifically provide for in ILCS Ch. 65, Art. 5, § 5-3-7. He shall:
(A) Enforce the laws and ordinances within the municipality.
(B) Appoint and remove all directors of departments; the Fire and Police Chiefs shall not be appointed by Board of Fire and Police Commissioners. No appointments shall be made upon any basis other than that of merit and fitness. This appointive power includes the appointment of the Chief of the Police Department and the Chief of the Fire Department.
(ILCS Ch. 65, Act 5, § 5-3-7(2) and ILCS Ch. 65, Art. 5, § 10-2.1-4).
(C) Exercise control of all departments and divisions of the city or that may be created by the Council.
(D) Exercise all the duties granted by law to municipal clerks and comptrollers with respect to the preparation of a report of estimated funds necessary to defray the expenses of the city for the fiscal year for the consideration of the Council prior to the preparation of the annual appropriation ordinance.
(E) Prepare an annual budget proposal which shall be consistent with the accounting system of the city; in no event shall the total proposed expenditures for the general fund exceed the estimated revenues to be received plus any unencumbered balance from the previous fiscal year or less any deficit estimated from the prior fiscal year. In the event of a projected deficit in the current fiscal year, the City Manager shall recommend in the budget for the ensuing year either expenditure reductions or revenues sufficient to eliminate any deficit anticipated to be carried over from the preceding fiscal year.
(F) Attend all meetings of the Council with the right to take part in the discussion, but with no right to vote.
(G) Recommend to the Council for adoption such measures as he may deem necessary or expedient.
(H) Appoint, remove, suspend, and discipline all officers and employees of the administrative service of the city, except those city officials, board and commission members who are appointed by the Mayor as provided by statue.
(I) Negotiate all labor contracts on behalf of the city.
(J) Keep current accounts showing the fiscal condition of the city and prepare and submit financial reports to the Council on at least a quarterly basis.
(K) Prepare and submit to the Council the annual tax levy ordinance.
(L) Be the general purchasing agent of the city and make all purchases of supplies, material, and equipment authorized by Council, in the manner prescribed by law and subject to limitations imposed by law.
(M) Maintain a current inventory of all real and personal property of the city and its location, and be responsible for the care and custody of all such property which by law is not assigned to some other officer or body for care and control.
(N) Perform such other duties as may be prescribed by statute or may be required of him by ordinance or resolution of the Council.
(Ord. 2834, passed 6-14-93)
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