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(A) The city shall indemnify appointed officials and board members for losses arising from any civil claim or claims made against those officials or appointees, and shall so indemnify if the claim is made for a wrongful act arising from, or as a result of their employment or their capacity as appointee.
(B) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
WRONGFUL ACT. Any actual or alleged error, misstatement, misleading statement, act, omission, neglect, breach of duty, misfeasance, malfeasance, or nonfeasance.
(C) This indemnification shall extend to, and shall bind the city to indemnify those appointed officials and board members, or their estates, heirs, legal representatives, or assigns in the event the wrongful act occurred during the course of, or as a result of their having acted in their official capacity.
(D) Nothing herein contained shall be construed to indemnify an appointed official or board member if the subject of the loss is in the nature of a fine or penalty imposed by statute.
(1969 Code, § 2-213.1) (Ord. 1981-2, passed 3-23-1981)
All officers and employees of the city shall receive salaries as may be provided from time to time by ordinance. No officer or employee receiving a salary from the city shall be entitled to retain any portion of any fees collected by him or her in the performance of his or her duties as municipal officer or employee in the absence of a specific ordinance provision to that effect.
(1969 Code, § 2-214)
Statutory reference:
Mayor and Commissioners, see ILCS Chapter 65, Act 5, § 4-6-1
Other officers and employees, see ILCS Chapter 65, Act 5, § 4-6-2
Similar provisions, see ILCS Chapter 65, Act 5, § 3.1-50-5 et seq.
The Mayor, members of the City Council, and members of the Fire Department, as well as every member of the Police Department, are hereby declared to be conservators of the peace by statute.
(1969 Code, § 2-215)
Statutory reference:
Similar provisions, see ILCS Chapter 65, Act 5, § 3.1-15-25
Every officer and employee of the city, upon the expiration of his or her term for any cause whatsoever, shall deliver to his or her successor all books and records which may be the property of the city; and if no successor has been appointed within 1 week after his or her termination of office, that property shall be delivered either to the City Clerk or to the City Treasurer.
(1969 Code, § 2-216) Penalty, see § 10.99
The following officers and employees of the city shall be furnished badges denoting the official capacity of the holder of the badge:
(A) The Mayor and the City Commissioners;
(B) The City Clerk;
(C) The Health Officer;
(D) The Building Inspector;
(E) The Water Safety Officer and deputies;
(F) The Plumbing Inspector;
(G) The Electrical Inspector;
(H) The Chief of Police and subordinate officers;
(I) The Fire Chief and firefighters;
(J) The auxiliary police officers; and
(K) Such other persons as the City Council may from time to time designate.
(1969 Code, § 2-12)
(A) The regulations of §§ 5-15 (ILCS Chapter 5, Act 430, § 5-15) and Article 10 (ILCS Chapter 5, Act 430, §§ 10-10 through 10-40) of the State Officials and Employees Ethics Act, ILCS Chapter 5, Act 430, §§ 1-1 et seq., (hereinafter referred to as the “Act” in this section) are hereby adopted by reference and made applicable to the officers and employees of the city to the extent required by ILCS Chapter 5, Act 430, § 70-5.
(B) The solicitation or acceptance of gifts prohibited to be solicited or accepted under the Act, by any officer or any employee of the city, is hereby prohibited.
(C) The offering or making of gifts prohibited to be offered or made to an officer or employee of the city under the Act, is hereby prohibited.
(D) The participation in political activities prohibited under the Act, by any officer or employee of the city, is hereby prohibited.
(E) For purposes of this section, the terms “officer” and “employee” shall be defined as set forth in ILCS Chapter 5, Act 430, § 70-5(c).
(F) The penalties for violations of this section shall be the same as those penalties set forth in ILCS Chapter 5, Act 430, § 50-5 for similar violations of the Act.
(G) This section does not repeal or otherwise amend or modify any existing ordinances or policies which regulate the conduct of city officers and employees. To the extent that any such existing ordinances or policies are less restrictive than this section, however, the provisions of this section shall prevail in accordance with the provisions of ILCS Chapter 5, Act 430, § 70-5(a).
(H) Any amendment to the Act that becomes effective after the effective date of this section shall be incorporated into this section by reference and shall be applicable to the solicitation, acceptance, offering and making of gifts and to prohibited political activities. However, any amendment that makes its provisions optional for adoption by municipalities shall not be incorporated into this section by reference without formal action by the corporate authorities of the city.
(I) If the Illinois Supreme Court declares the Act unconstitutional in its entirety, then this section shall be repealed as of the date that the Illinois Supreme Court’s decision becomes final and not subject to any further appeals or rehearings. This section shall be deemed repealed without further action by the Corporate Authorities of the city if the Act is found unconstitutional by the Illinois Supreme Court.
(J) If the Illinois Supreme Court declares part of the Act unconstitutional but upholds the constitutionality of the remainder of the Act or does not address the remainder of the Act, then the remainder of the Act as adopted by this section shall remain in full force and effect; however, that part of this section relating to the part of the Act found unconstitutional shall be deemed repealed without further action by the Corporate Authorities of the city.
CITY ADMINISTRATOR
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