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CHAPTER 32: OFFICERS, EMPLOYEES AND OTHER WORKERS
Section
General Provisions
   32.001   Application of subchapter provisions
   32.002   Appointments
   32.003   Term of office
   32.004   Officer responsible for day-to-day operation of city
   32.005   Vacancies
   32.006   Duty to turn money received over to city
   32.007   Oath
   32.008   Salaries
   32.009   Assignment to duties
   32.010   Records
   32.011   Bond
   32.012   Delivery of books, records and the like to successor
   32.013   Impersonation of officer
   32.014   Interference with officers
   32.015   Inspections by city officers
   32.016   Nepotism
   32.017   Travel expense policy
The Mayor
   32.030   Election
   32.031   General duties
   32.032   Appointment of officers generally
   32.033   Specific appointive powers
   32.034   Designation of officers’ duties
   32.035   Mayor Pro Tem
   32.036   Acting Mayor
   32.037   Responsibilities at receptions and the like
   32.038   Bond
   32.039   Assistant to the Mayor as Local Liquor Control Commissioner
The City Clerk
   32.050   Election; term
   32.051   Compensation
   32.052   Bond
   32.053   Duty to seal, attest documents
   32.054   Duty to turn money over to City Treasurer
   32.055   Duty to keep accounts
   32.056   Records
   32.057   Custodian of city seal; use
   32.058   Custodian of documents
   32.059   Duty to keep indexes to documents
   32.060   Ex officio comptroller
   32.061   Duties relating to committees and meetings
   32.062   Additional duties
   32.063   Vacancy
   32.064   Appointment of Deputy Clerk
The City Treasurer
   32.080   Election; term
   32.081   Compensation
   32.082   Bond
   32.083   General duties of City Treasurer
   32.084   Monthly accounts; warrants; vouchers; register
   32.085   Permitted investments
   32.086   Deposit of funds; qualification of depository
   32.087   Transfer of funds to new depository
   32.088   Personal use of funds
   32.089   Duty to attend Council meetings; assist Council
   32.090   Duty to keep records
   32.091   Auditing computer process
   32.092   Monthly, annual reports
   32.093   Payment of bills
   32.094   Custody of City Clerk’s bond
   32.095   Deputy Treasurer
The City Attorney
   32.110   Office created; appointment
   32.111   Duty to give city legal advice and opinions
   32.112   Duty to prosecute and defend suits
   32.113   Duty to enforce judgments
   32.114   Special assessments; condemnations
   32.115   Drafting ordinances and documents
   32.116   Employment of additional counsel
Other Appointed City Personnel
   32.125   Director of Public Works
   32.126   Freedom of Information Act Officer
   32.127   Building Inspector
   32.128   City Administrator
   32.129   Economic Development and Tourism Coordinator
   32.130   Community Service Officer/Animal Control Officer
Prevailing Wage Act
   32.145   Prevailing wages
Statutory reference:
   City Attorney, see ILCS Ch. 65, Act 5, § 3.1-30-5
   City Treasurer, see ILCS Ch. 65, Act 5, §§ 3.1-35-40 et seq.
   Mayor, see ILCS Ch. 65, Act 5, § 3.1-35-10
   Mayor pro tem, see ILCS Ch. 65, Act 5, § 3.1-35-35
   Officers and employees, see ILCS Ch. 65, Act 5, § 10-4-1
GENERAL PROVISIONS
§ 32.001 APPLICATION OF SUBCHAPTER PROVISIONS.
   The provisions of this subchapter shall apply to all officers and employees of the city, regardless of the time of the creation of the office or position or the time of the appointment of the officer or employee.
(1986 Code, § 2-21)
§ 32.002 APPOINTMENTS.
   All officers other than elective officers shall be appointed by the Mayor by and with the consent of the City Council as is provided by state law. All employees shall, in the absence of any provisions to the contrary, be appointed or selected by the Mayor.
(1986 Code, § 2-22)
§ 32.003 TERM OF OFFICE.
   (A)   Every appointive officer of the city shall hold office until May 1 following his or her appointment or until his or her successor is appointed and qualified, unless it is otherwise provided by ordinance.
   (B)   An officer may be removed by the Mayor, prior to the expiration of his or her term, with the consent of the City Council; this shall not apply to members of boards or commissions.
(1986 Code, § 2-23) (Ord. 1995-16, passed 5-16-1995)
§ 32.004 OFFICER RESPONSIBLE FOR DAY-TO-DAY OPERATION OF CITY.
   The providing of city services on a continuing basis shall be the responsibility of the City Clerk, City Administrator, Police Chief, Director of Public Works and their respective staffs, subject to § 32.034.
(1986 Code, § 2-24) (Ord. 1995-16, passed 5-16-1995; Ord. 2007-21, passed 12-3-2007; Ord. 2012-10, passed 8-6- 2012)
§ 32.005 VACANCIES.
   When a vacancy occurs in any appointive office of the city, it shall be filled in the same manner in which original appointments or selections are made, in the absence of provisions in this code or other ordinances to the contrary.
(1986 Code, § 2-25)
§ 32.006 DUTY TO TURN MONEY RECEIVED OVER TO CITY.
   Every officer of the city shall at least once each month turn over all money received by him or her in his or her official capacity to the City Treasurer with a statement showing the source from which the money was received.
(1986 Code, § 2-26)
§ 32.007 OATH.
   Every officer of the city shall, before entering upon his or her duties, take the oath prescribed by state law.
(1986 Code, § 2-27)
Statutory reference:
   Similar provisions, see ILCS Ch. 65, Act 5, § 3.1-10-25
§ 32.008 SALARIES.
   All officers and employees of the city shall receive such salary as may from time to time be provided by ordinance or resolution of the city.
(1986 Code, § 2-28)
§ 32.009 ASSIGNMENT TO DUTIES.
   The Mayor shall have the power to assign to any appointive officer any duty which is not assigned by this code or other ordinance to some other specific officer, and shall determine disputes or questions relating to the respective powers or duties of officers.
(1986 Code, § 2-29)
§ 32.010 RECORDS.
   All records kept by any officer of the city shall be open to inspection by the Mayor or any member of the City Council at all reasonable times, whether or not the records are required to be kept by statute, this code or other ordinance of the city.
(1986 Code, § 2-30)
§ 32.011 BOND.
   (A)   Every officer other than an Alderman shall, before entering upon the duties of his or her office, give a bond in such amount and with such sureties as may be determined by the Mayor and City Council, conditioned upon the faithful performance of the duties of his or her office and the payment of all money received by him or her.
   (B)   Every employee shall, if required by the City Council, before entering upon the duties of his or her office, give a bond in such amount as may be determined by the City Council, conditional upon the faithful performance of the duties of his or her position and the payment of all money received by him or her.
   (C)   All bonds, except the bond of the City Clerk, shall be filed with the City Clerk.
   (D)   (1)   Bonds shall be required for all appointed city officials, and other city employees as required by the Mayor and City Council, including:
         (a)   City Administrator;
         (b)   Chief of Police;
         (c)   (Reserved);
         (d)   Director of Public Works;
         (e)   City Attorney;
         (f)   Coordinator of Emergency Services and Disaster Assistance;
         (g)   All members of the Zoning Board of Appeals;
         (h)   All members of the Planning Commission;
         (i)   All members of the Board of Fire and Police Commissioners;
         (j)   All members of the Police Pension Fund;
         (k)   All building inspectors of the city; and
         (l)   All members of the Police Department.
      (2)   The above bonds shall be in addition to any other bonds required by law or by the Mayor and City Council.
   (E)   The form of the bond to be executed by all appointed municipal officers of the city shall be as follows.
   BOND OF APPOINTED MUNICIPAL OFFICER OF THE CITY OF TROY, ILLINOIS
   I, (name) , who have been appointed to the municipal office of (title of office) for the City of Troy, Illinois, bind myself to the people of the City of Troy, Illinois, that I will discharge faithfully the duties of that appointed municipal office, and that I will promptly pay over to the City of Troy, Illinois, all money that I receive for the City of Troy, Illinois, while I occupy that appointed municipal office.
   The obligation of this bond is limited to one hundred dollars ($100.00). Dated this ____ day of ________________, 20___.
                                                
                  
NAME
                                                
                  
TITLE OF OFFICE
STATE OF ILLINOIS    )
               ) SS
COUNTY OF MADISON    )
   I,_________________, a notary public in and for the County of Madison and the State of Illinois, hereby certify that ________________, known to me to be the same person whose name is subscribed to the foregoing document, appeared before me this day in person and acknowledged that he or she signed the foregoing document as his or her free and voluntary act for the uses and purposes therein set forth.
   Given under my hand and notarial seal this ____ day of ____________, 20___.
                                                               
                                 NOTARY PUBLIC
My commission expires:___________.
   (F)   The bond of each appointed municipal officer of the city shall be for the penal sum of $100.
   (G)   No security is required on any bond executed by an appointed municipal officer of the city.
(1986 Code, § 2-31) (Ord. 1985-15, passed 6-3-1985; Ord. 1995-16, passed 5-16-1995; Ord. 2007-21, passed 12-3-2007; Ord. 2012-10, passed 8-6-2012)
Statutory reference:
   Similar provisions, see ILCS Ch. 65, Act 5, § 3.1-10-25
§ 32.012 DELIVERY OF BOOKS, RECORDS AND THE LIKE TO SUCCESSOR.
   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 one week after the termination of office, the property shall be delivered to the City Clerk or City Treasurer.
(1986 Code, § 2-32) Penalty, see § 10.99
Statutory reference:
   Similar provisions, see ILCS Ch. 65, Act 5, § 3.1-10-35
§ 32.013 IMPERSONATION OF OFFICER.
   It shall be unlawful for any person to impersonate, without lawful authority, any city officer or employee.
(1986 Code, § 2-33) Penalty, see § 10.99
§ 32.014 INTERFERENCE WITH OFFICERS.
   It shall be unlawful to interfere with or hinder any officer or employee of the city while engaged in his or her duties of his or her office or employment.
(1986 Code, § 2-34) Penalty, see § 10.99
§ 32.015 INSPECTIONS BY CITY OFFICERS.
   (A)   Any officer or employee of the city who is authorized to enforce this code or other ordinances of the city may make such inspections as may be necessary to see to the enforcement of the provisions.
   (B)   Whenever an officer or employee of the city shall have reason to believe that there exists on or in any premises in the city any nuisance dangerous to public health, any fire hazard, any structural defect likely to result in injury to person or property, or any electric wiring or equipment in such condition as to present a fire hazard or danger to persons, he or she shall ask permission of the owner, custodian or occupant of the premises to inspect the same. Each occupant or owner shall permit such inspection at any reasonable time. Any owner or occupant who refuses to permit the inspection shall be guilty of a violation of this code.
(1986 Code, § 2-35) Penalty, see § 10.99
§ 32.016 NEPOTISM.
   There shall be disqualified for full-time or part-time compensated employment by the city any person who is related to any then elected or appointed and serving city official, and to the degree of relationship of immediate family, brothers, sisters, parents, aunts, uncles, first cousins, nephews, nieces, grandchildren or stepchildren.
(1986 Code, § 2-36) (Ord. 1981-14, passed 8-3-1981)
§ 32.017 TRAVEL EXPENSE POLICY.
   (A)   Definitions. The words TRAVEL and ENTERTAINMENT as used herein shall have the same meanings as set forth in the Local Government Travel Expense Control Act (Public Act 099- 0604), as it may be amended from time to time.
   (B)   Maximum reimbursement. Starting on January 1, 2017, the city shall only reimburse expenses for travel, meals and lodging up to $5,000 per individual per year. Only travel, meals and lodging directly related to the city’s business are reimbursable.
   (C)   Reimbursement. By January 1, 2017, the city shall create a standardized form for reimbursing individuals for travel, meals and lodging that will include, at a minimum, the following:
      (1)   An estimate of the cost of travel, meals, or lodging if expenses have not been incurred or a receipt of the cost of the travel, meals, or lodging if the expenses have already been incurred;
      (2)   The name of the individual who received or is requesting the travel, meal, or lodging expense;
      (3)   The job title or office of the individual who received or is requesting the travel, meal or lodging expense; and
      (4)   The dates or dates and nature of the official business in which the travel, meal or lodging expense was or will be expended.
   (D)   Standardized form. Starting on January 1, 2017, all employees, officers, and members of the City Council of the city shall fill out the standardized form described in division (C) for all travel, meals, or lodging that shall be reimbursed.
   (E)   Exceeding maximum reimbursement. After March 1, 2017, expenses for travel, meals, and lodging of any officer or employee that exceeds the maximum allowed under division (B) hereof, may only be approved by roll call vote at an open meeting of the City Council for the city.
   (F)   Alderman expenses. After March 1, 2017, expenses for travel, meals, and lodging of any alderman or Mayor may only be approved by roll call vote at an open meeting of the City Council for the city.
   (G)   Exclusions. The city shall not reimburse any employee, officer or member of the City Council for any entertainment expense.
(Res. 2016-29, passed 12-19-2016)
THE MAYOR
§ 32.030 ELECTION.
   The Mayor shall be elected for a four-year term, and shall serve until his or her successor is elected and qualified as is provided by state law.
(1986 Code, § 2-51)
Cross-reference:
   Compensation, see § 31.32
§ 32.031 GENERAL DUTIES.
   The Mayor shall be the chief executive officer of the city, and shall preside over the meetings of the City Council, and perform such duties as may be required of him or her by this code, other ordinance or state law. He or she shall have supervision over all of the executive officers and employees of the city, and shall have the power and authority to inspect all books and records pertaining to city affairs, which are kept by any officer or employee of the city, at any reasonable time.
(1986 Code, § 2-52)
§ 32.032 APPOINTMENT OF OFFICERS GENERALLY.
   The Mayor shall appoint, by and with the advice and consent of the City Council, all officers of the city whose election or appointment is not otherwise provided for. Any vacancies occurring in an appointive office shall be filled in the same manner.
(1986 Code, § 2-53)
§ 32.033 SPECIFIC APPOINTIVE POWERS.
   The Mayor shall:
   (A)   Issue police commissions;
   (B)   Establish standing committees;
   (C)   Appoint members of the Council to standing committees;
   (D)   Appoint ad hoc committees; and
   (E)   Make the following appointments for longer than 30 days, with the advice and consent of City Council, by a majority of those present and voting:
      (1)   City Attorney;
      (2)   City Administrator;
      (3)   Police Chief;
      (4)   Coordinator of Emergency Services and Disaster Assistance;
      (5)   Planning Commission;
      (6)   Zoning Board of Appeals;
      (7)   Police Pension Fund Board;
      (8)   Board of Fire and Police Commissioners;
      (9)   Other boards and commissions;
      (10)   School crossing guards;
      (11)   City Engineer (optional); and
      (12)   Economic Development and Tourism Coordinator.
(1986 Code, § 2-54) (Ord. 1995-16, passed 5-16-1995; Ord. 1998-24, passed 8-17-1998)
§ 32.034 DESIGNATION OF OFFICERS’ DUTIES.
   Whenever there is a dispute as to the respective duties or powers of any appointive officer of the city, this dispute shall be settled by the Mayor after consultation with the City Attorney. The Mayor shall have the power to delegate to any appointed officer any duty which is to be performed when no specific officer has been directed to perform that duty.
(1986 Code, § 2-55)
§ 32.035 MAYOR PRO TEM.
   (A)   There is hereby created the Office of Mayor Pro Tem, an executive office of the city.
   (B)   The Mayor Pro Tem shall be appointed by the Mayor with the advice and consent of the City Council.
   (C)   The term of the appointment shall be for one year from May 1 to April 30.
(1986 Code, § 2-56) (Ord. 1999-39, passed 12-20-1999; Ord. 2003-10, passed 5-19-2003)
§ 32.036 ACTING MAYOR.
   In the event of a vacancy in the Office of Mayor, the City Council may appoint one of its members as acting Mayor to serve until the vacancy is filled at a regular or special election as provided by law.
(1986 Code, § 2-57)
§ 32.037 RESPONSIBILITIES AT RECEPTIONS AND THE LIKE.
   The Mayor shall act for and on behalf of the city on formal occasions and receptions. In the absence or inability of the Mayor to attend any such function, the Council may select any other city officer to so act.
(1986 Code, § 2-58)
§ 32.038 BOND.
   Before entering upon the duties of his or her or her office, the Mayor shall execute a bond in any amount and with any sureties as may be required by the City Council, conditioned upon the faithful performance of the duties of his or her office and the payment of all money received by him or her; provided the amount of the bond shall not be less than $3,000.
(1986 Code, § 2-59)
Statutory reference:
   Similar provisions, see ILCS Ch. 65, Act 5, § 3.1-10-30
§ 32.039 ASSISTANT TO THE MAYOR AS LOCAL LIQUOR CONTROL COMMISSIONER.
   (A)   There is hereby created the position of Assistant to the Mayor as Local Liquor Control Commissioner of the city.
   (B)   The Mayor with the advice and consent of the corporate authorities shall appoint the Assistant to the Mayor as Local Liquor Control Commissioner of the city.
   (C)   The shall be an annual appointment for one year from May 1 to April 30.
   (D)   The Assistant to the Mayor as Local Liquor Control Commissioner shall receive a $0.75 hourly premium that will be added to the employee’s base pay.
   (E)   The assistant to the Mayor as Local Liquor Control Commissioner of the city shall have all the powers and duties provided to him or her as directed by the Local Liquor Control Commissioner and the State Liquor Control Act, being ILCS Ch. 235, Act 5, §§ 1-1 et seq.
(1986 Code, § 2-60) (Ord. 2004-27, passed 10-18-2004; Ord. 2024-22, passed 5-6-2024)
THE CITY CLERK
§ 32.050 ELECTION; TERM.
   The City Clerk shall be elected and serve for a four-year term and until his or her successor is elected and qualified.
(1986 Code, § 2-111)
Statutory reference:
   Similar provisions, see ILCS Ch. 65, Act 5, §§ 3.1-15-5, 3.1-15-10, 3.1-15-15 and 3.1-20-5
§ 32.051 COMPENSATION.
   The City Clerk shall receive as his or her compensation for the performance of his or her duties the amount of $20,000 annually for the 12-month period beginning May 1, 2025 and in subsequent years beginning on May 1 and ending on April 30, unless changed by amendment to this section. The City Clerk's salary shall be paid to the City Clerk in 12 equal monthly installments.
(1986 Code, § 2-111.1) (Ord. 1985-2, passed 1-27-1985; Ord. 1989-04, passed 1-24-1989; Ord. 1993-04, passed 1-18-1993; Ord. 1996-32, passed 10-7-1996; Ord. 2000-25, passed 10-23-2000; Ord. 2004-23, passed 9-7-2004; Ord. 2008-19, passed 10-9-2008; Ord. 2012-18, passed 9-17-2012; Ord. 2016-27, passed 9-19-2016; Ord. 2020-19, passed 9-8-2020; Ord. 2024-37, passed 6-17-2024)
Statutory reference:
   Similar provisions, see ILCS Ch.40, Act 5, § 7-101
§ 32.052 BOND.
   Before entering upon his or her duties of office, the City Clerk shall execute a bond in such amount as is provided by statute, conditioned upon the faithful performance of his or her duties. The City Clerk shall file his or her bond with the City Treasurer.
(1986 Code, § 2-112)
§ 32.053 DUTY TO SEAL, ATTEST DOCUMENTS.
   The City Clerk shall seal and attest all contracts of the city and all licenses, permits and any other documents that shall require this formality.
(1986 Code, § 2-113)
§ 32.054 DUTY TO TURN MONEY OVER TO CITY TREASURER.
   The City Clerk shall turn over all money received by him or her on behalf of the city to the City Treasurer promptly upon receipt of the same together with a statement as to the source thereof.
(1986 Code, § 2-114)
§ 32.055 DUTY TO KEEP ACCOUNTS.
   The City Clerk shall keep accounts showing all money received by him or her and the source and disposition thereof and any other accounts as may be required by this code, other ordinance or state law.
(1986 Code, § 2-115)
§ 32.056 RECORDS.
   In addition to the record of ordinances and other records which the City Clerk is required by state law to keep, he or she shall keep a register of all licenses and permits issued and the payments thereof. The City Clerk shall also keep a record showing all of the officers and regular employees of the city, and other records as may be required by the Mayor and City Council.
(1986 Code, § 2-116)
§ 32.057 CUSTODIAN OF CITY SEAL; USE.
   The City Clerk shall be the custodian of the city seal and shall affix its impression on documents whenever required.
(1986 Code, § 2-117)
Cross-reference:
   City seal, see Ch. 11
§ 32.058 CUSTODIAN OF DOCUMENTS.
   The City Clerk shall be the custodian of all documents belonging to the city which are not assigned to the custody of some other officer.
(1986 Code, § 2-118)
§ 32.059 DUTY TO KEEP INDEXES TO DOCUMENTS.
   The City Clerk shall keep and maintain a proper index to all documents and records kept by him or her, so that ready access thereto and use thereof may be had.
(1986 Code, § 2-119)
§ 32.060 EX OFFICIO COMPTROLLER.
   The City Clerk shall act as and perform all duties of comptroller unless and until a separate comptroller is appointed. In his or her ex officio role as comptroller, the City Clerk (on or before May 15 of each year, and before the annual appropriation ordinance is prepared by the City Council) shall submit to the City Council a report of his or her estimate, as nearly as may be, of the money necessary to defray the expenses of the city during the current fiscal year.
(1986 Code, § 2-120)
Statutory reference:
   Similar provisions, see ILCS Ch. 65, Act 5, § 3.1-35-115
§ 32.061 DUTIES RELATING TO COMMITTEES AND MEETINGS.
   The City Clerk shall:
   (A)   Notify the members of the City Council and the standing committees of meetings and display schedules on the City Hall window;
   (B)   Take minutes of regular and special Council meetings. He or she shall provide copies of the minutes to members of the City Council at least three days before the next regular meeting. After reading and approval of the minutes he or she shall send to a newspaper, published in the county, copies thereof so that they can be published in the next issue;
   (C)   Follow up with committee chairpersons so that committee minutes are filed and distributed as needed;
   (D)   Provide an agenda of matters to come before the City Council not less than three days prior to the next regular or special meeting. This agenda along with the newest approved minutes are to be displayed in a prominent position at City Hall;
   (E)   Maintain a record of closed meeting minutes; and
   (F)   Perform other administrative tasks as assigned by the City Council.
(1986 Code, § 2-121)
§ 32.062 ADDITIONAL DUTIES.
   In addition to the duties provided for in this subchapter, the City Clerk shall perform any other duties and functions as may be required by this code, other ordinances or state law.
(1986 Code, § 2-122)
§ 32.063 VACANCY.
   If the office of City Clerk shall become vacant for any reason the Mayor and City Council shall appoint a successor as provided by statute.
(1986 Code, § 2-123)
Statutory reference:
   Similar provisions, see ILCS Ch. 65, Act 5, § 3.1-20-5
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