Art. II City Clerk. Secs. 2-26 - 2-39
Art. III City Council. Secs.
2-40 - 2-48
Reserved. Secs. 2-49 - 2-57
Art. IV City Treasurer. Secs.
2-58 - 2-70
Art. V Collector of Special Assessments. Secs. 2-71 - 2-83
Art. VI Consulting Engineer. Secs. 2-84 - 2-88
Art. VII Reserved.
Secs. 2-89 2-110 Reserved.
Art. VIII Law Department. Secs. 2-111 - 2-132
Art. IX Mayor.
Secs. 2-133 - 2-143
Art. X Municipal Purchasing. Secs. 2-144 - 2-161
Art. XI Plan Commission. Secs. 2-162 - 2-178
Art. XII Reserved.
Secs. 2-179 2-185 Reserved.
Art. XIII Comptroller. Secs. 2-186 -
2-200.
Art. XIV Reserved. Secs. 2-201 - 2-215 Reserved.
Art. XV Code Enforcement Department. Secs. 2-216 - 2-220
Art. XVI Code
of Ethics. Secs.
2-221 - 2-226
Art. XVII Department of Social Services. 2-228 -
2-231.
ARTICLE
I. IN GENERAL
Cross Reference - Animal commissioner, Sec.
6-1; electrical commission, Sec. 8-37 et seq;
plumbing code, Sec. 8-110 et seq; civil defense
organization, Sec. 10-2; elections and ward boundaries, Sec. 12-1 et seq; fair housing commission, Sec. 13-5 et seq; fire department, Sec. 14-1 et seq;
fire chief, Sec. 14-3 et seq; assistant fire chief, Sec 14-7; fire inspector, Sec.
14-9; assistant fire inspector, Sec. 14-10; health department, Sec. 18-1; board
of health, Sec 18-5 et seq; board of directors for
library, Sec. 20-3 et seq; interference with City
employees prohibited, Sec. 22-23; City marshal and deputies, Sec. 27-35 et seq; police department, Sec. 26-54 et seq;
police chief, Sec. 27-57 et seq; director of traffic
control, Sec. 27-62 et seq; dispatcher, Sec. 27-65 et
seq; taxation. Sec. 31-1 et seq;
parking commission, Sec. 32-188 et seq; water
pollution control department, Sec. 34-15 et seq;
superintendent of sewage and treatment works, Sec. 34-19.
Sec. 2-01. Fiscal year.
The
fiscal year of the City shall commence on the first day of May in each year,
and terminate on the thirtieth (30) day of April of the succeeding year. (Code 1965, Sec. 4.03) (Ord No. 89-24, Sec.
1,
Sec. 2-01.1. Authority to issue tickets and citations.
For the purpose of the enforcement of the
provisions of this Code and other ordinances of the City, members of the Police
Department and department heads and their assistants shall have the authority
to issue tickets and citations for violation of such provisions of this Code or
ordinances. For purposes of this section,
department heads shall include, in addition to the chiefs of the fire
department and the police department, the following officers: health officer,
superintendent of the department of sewage and sewage treatment, animal
commissioner and parking administrator.
Sec. 2-02. Bonds required from City officers.
Before entering upon the duties of his office, a City officer shall execute a bond to the City, with sureties to be approved by the City Council. The bond shall be conditioned upon the faithful performance of the duties of the office and the payment of all money received by such officer, according to law and the ordinances of the City, and shall be payable to the City in the following penal sums for the offices indicated:
(1) Mayor $ 3,500.00
(2) City Clerk
5,000.00
(3) City
Treasurer. (An amount of money not
less than three (3)
times the latest federal census
population or any
subsequent census figure for Motor Fuel tax purposes.)
(4) Collector of special assessments 10,000.00
(5) Corporation Counsel 1,000.00
(6) Chief of Police and each member of 500.00
the Police Department.
(7) Fire Chief 500.00
(8) Superintendent of Environmental Services
Utility 500.00
(9) Assistant Superintendent of
Environmental Services Utility 1,000.00
(10) Health Officer
500.00
(11) Superintendent of sewage
and
sewage treatment 10,000.00
(12) City electrician 500.00
(13) Members parking
commission 500.00
(14) Comptroller. (An amount not less
than three (3) times the
latest
federal census
population or any
subsequent census figure
used for
motor vehicle tax
purposes.)
(15) Plumbing inspector 1,000.00
(Code 1965, Sec. 4-10; Ord. No. 77-34,
Sec. 1, 5-16-77; Ord. No. 78-25, Sec. 4, 7-24-78)
State law reference - Bonds required for
municipal officers, Ill. Rev. Stat. Ch. 24 Sec.
Editor's note - Ord. No. 78-25, Sec. 4
adopted July 24, 1978, amended Sec. 2-2 by adding a subsection (14), which the
editor has redesignated subsection (15) inasmuch as
Ord. No. 77-34, Sec. 1, adopted May 16, 1977, had previously added a subsection
(14).
Sec. 2-03. Additional or new bond required when
old bond insufficient.
The City Council may require any officer who is required by law to give an official bond, to furnish additional security or execute a new bond whenever the security of the original bond has become insufficient by the insolvency, death or removal of the sureties, or any of them, or when for any cause such bond shall be deemed insufficient. Any officer who fails to furnish additional security, or give a new bond, when so required by the Council, within ten (10) days after he is notified in writing of such requirement, shall be deemed to have vacated his office. (Code
1965, Sec. 4-11)
Sec 2-04. Duty of City Officers to make reports.
Officers of the City shall, in addition to the reports required to be made by them, report in writing to the Mayor, when so required, the condition and business of their respective offices or departments, and all matters therein touching the interests of the City. All such officers shall, when requested, give all the information in their power pertaining to their offices, to the Mayor, the City Council or any committee thereof. (Code 1965, Sec. 4.11)
Sec. 2-05. Liability of City Officers for negligence.
Officers shall be liable to the City for all loss or damage that may result thereto from their negligence or willful misconduct in the discharge of any official duty. The City Council may, in its discretion, by order, withhold the salary of any such officer in order to secure the City from loss. (Code 1965, Sec. 4.11)
State law, reference Local Government and Government Employees Tort Immunity Act, Ill. Rev. Stat. Ch. 85, 1-101 Sec. et seq.
Sec. 2-06. Vacancy
of office by City officer or alderman.
If the Mayor, or other City officer,
shall, during his official term, remove beyond the limits of the City, his
office shall thereby become vacant. If
any alderman shall remove from the ward in and for which he was elected, his
office shall thereby become vacant. (Code
1965, Sec. 4.11).
State law reference-Vacancies by
officers, Ill. Rev. Stat. Ch. 24, Sec.
Sec. 2-07. Leaves of absence for City Officers.
Any officers who may desire to be
temporarily absent from the City, shall apply to the City Council, if in
session, or, if not, to the Mayor, for leave of absence which may be granted by
the Mayor, for any time not exceeding one (1) month, and by the Council for any
time not exceeding three (3) months. Any
officer who shall absence himself from the City for more than one (1) week,
without obtaining such leave of absence, shall incur a penalty of twenty-five
dollars ($25.00) for every such offense.
(Code 1965, Sec. 4.11).
Sec. 2-07.1. Commencement
of terms and date of inauguration of City Officers.
(a) The terms of elected municipal officers
of the City shall commence at the first regular City Council meeting in the
month of May following the proclamation of the results of the regular municipal
election at which such officers were elected during the month of April.
(b) The date of inauguration of newly
elected officers of the City, following the proclamation of the results of the
regular municipal election held in April, shall be fixed as the first regular
meeting of the City Council in the month of May following such election. (Ord. No. 81-8, Secs.
1,2,
Editor's note - Ord. No. 81-8, Secs. 1,2, adopted
Sec. 2-08. Removal of City officers.
(a) Whenever any charge is preferred against
any alderman, or other officer of the City upon which action may be taken by
the City Council, the same shall be referred to an appropriate standing or
special committee of that body, whose duty it shall be to examine and report as
to whether such charge is well founded or not, and such committee may, when
deemed necessary, be empowered to send for persons and papers.
(b) It shall be the duty of the City Clerk
to issue summons, signed by the Mayor, for all witnesses and the production of
all papers that may be required before the Council, or any committee thereof,
and deliver the same to the Chief of Police or any police officer, who shall
serve such summons by reading or delivering a copy thereof to the person
summoned, and make return in what manner has executed the same. No person shall neglect or refuse to appear
or testify when so summoned, or to produce any papers in his possession or
under his control pertaining to any such investigation by the City Council, or
any committee thereof. (Code 1965, Sec.
4.12)
State
law references- Removal of City officers by Mayor. Ill. Rev. Stat. Ch. 24, Sec.
Sec. 2-09. Duty of City Officers to turn over books,
records, etc. to successor.
Upon the expiration of their term of office, or their resignation or removal, all City officers shall deliver to their successors in office, all books, records, equipment and property of every description, in their possession, belonging to the City or pertaining to their office.
Sec. 2-10. Maintenance responsibility for City
property.
(a) Department heads. The department head of the respective
departments shall be the official custodian to the buildings and grounds used
by his department.
(b) Chief of Police. The Chief of Police shall be custodian of the
parking areas of the City hall and adjacent grounds of the City jail.
(c) Fire Chief. That portion of the City hall occupied by the
fire department shall be under the jurisdiction and custody of the fire chief
and he shall also be custodian of all other buildings used by the Fire Department.
(d) Librarian. The City librarian shall be custodian of the
City library and grounds and other property used or related to the
library. (Code 1965, Sec. 4.16)
Sec. 2-11. Maintenance man generally.
The position of maintenance man for the City
Hall building and grounds is hereby created.
The Mayor shall appoint such a person.
(Code 1965. Sec. 4.16)
Sec. 2-12. Maintenance supervisor generally.
The position of maintenance supervisor of
mechanical equipment is hereby created.
It shall be the duty of such supervisor to mechanically maintain all of
the equipment owned by the City used by the police, fire and street and alley
departments. His duties shall be
performed under the direction of the Mayor .
(Code 1965, Sec. 4.16)
Sec. 2-13. Sick leave and vacation periods for City
employees.
(a) All full-time City employees shall be
allowed during the space of the calendar year computed from their first day of
employment a period of ten (10) days paid sick leave. This section shall be construed to mean that
full-time City employees are those employed in a full-time capacity by the City
working minimum of forty (40) hours per week, and shall not apply to part-time
or temporary help. Part-time or temporary
help shall not receive paid sick leave or paid vacation time. The ten (10) days allowed as paid sick leave
time shall not be accumulated and upon the expiration of a calendar year, shall
not be added or tacked on to the ensuing year for any purpose. All full-time City employees shall receive,
after one full year of service, a paid vacation in the amount of one calendar
week or a period not to exceed seven (7) days.
After two (2) years of service by any City full-time employee, a period
not to exceed two (2) calendar weeks shall be allowed as a paid vacation. After fifteen (15) years of service by any
full-time City employee, a paid vacation not to exceed three (3) calendar weeks
shall be allowed. After twenty (20)
years of service by any full-time City employee, a paid vacation not to exceed
four (4) calendar weeks shall be allowed.
(b) This section shall not apply to those
employees of the City who are covered under another contract of employment with
the City which established sick pay and vacation periods under the terms of
such contract. (Code 1965, Sec. 4.18)
Sec. 2-14. Datum established; elevations for grades
of streets, sidewalks, etc.
(a) The City of
(b) Elevations for curbs, sidewalks,
pavements and sewers shall be constructed to grades as determined from the City
of
Cross Reference-Grades for sidewalk
construction, Sec. 29-122 (Code 1965, Sec. 16)
Sec. 2-15. No issuance of permit to applicant
indebted to City.
No permit required by this Code including
permits for sewer service, a building permit, electrical permit or plumbing
permit shall be issued to any person who is indebted to the City, or to any
department thereof, or who is indebted to the City for any fine or penalty
adjudged against such person for the violation of any ordinance of the City,
unless indebtedness or the fine penalty is first paid.
Cross Reference - No issuance of license to
applicant indebted to City, Sec. 21-2.
Sec. 2-16. Manner and method of publication of
treasurer's annual account of monies received and expenditures incurred during
preceding fiscal year.
(a) The City Clerk on or before September 1,
of each year shall cause to be published at least once in a newspaper of
general circulation in the City of Kankakee, Illinois, a notice of filing by
the municipal treasurer of an account of all monies received and expenditures
incurred during the preceding year in a form substantially as set forth in the
following subsection of this section.
(b) The form of notice required by this
section shall be substantially as follows:
STATE OF
) Notice of filing of
) Treasurer's Annual Account
CITY OF
Please take notice that the annual
account of all monies received and expenditures incurred during the preceding
fiscal year has been filed in my office by the City Treasurer of City of
Kankakee, Illinois. Copies of said
account with detailed receipts and expenditures are available for inspection in
the City Clerk's Office, City Hall,
Said account reflects
total balances as follows:
Beginning balance May 1,
19 $
Monies received May 1,
19 to April 30, 19 $
Exp. incurred May 1, 19 to April 30, 19 $
Balance April 30, 19 $
Dated , 19 .
City Clerk
(c) The publication of the notice required
by this section shall be in lieu of the publication requirements of Section
3-10-5.1 of Chapter 24, Illinois Revised Statutes, 1971, and upon filing of
said account with the county collector as required by Chapter 24, Section
3-10-5.2, the Clerk's affidavits shall state said notice has been published as
required by this section under the home rule powers of the City of Kankakee,
Illinois.
(d) Any public officer who fails, neglects
or refuses to discharge any duty imposed on him by subsections (a)--(c) of this
section, or who violates any provisions of subsections (a)--(d) of this
section, is guilty of a misdemeanor, and, upon conviction thereof, shall be
fined not less than twenty-five dollars ($25.00) nor more than one hundred
dollars ($100.00). (Ord. No. 73-61, Sec.
4,
Sec. 2-17. Probationary period for
qualifying for employee participation in
That Ordinance No. 75-28 and Chapter 2,
Section 2-17 be and hereby are repealed retroactive to
Editor's note. Ord. No. 75-28 did not expressly amend this
Code, hence codification of Secs. 1-3 as Sec. 1-17
was at the discretion of the editors.
Sec. 2-18. Establishing employment rights for
employees of the City of
The following provisions will apply to all
employees of the City of
(a) A military leave of absence will be
granted to the employee.
(b) The employee will receive the net
difference between his military and civilian pay.
(c) The employee's job will remain open for a
period of four years, or if service of the employee is extended at the
government's request and convenience, for up to five years total.
(d) Continuation of health insurance
benefits will be treated as other unpaid leaves of absences as established by the
policy of the City of
(e) Health insurance coverage will be
provided immediately upon the employees return to his job, without a waiting
period subject to the terms of any then existing policy in force and effect.
(f) Benefits that accrue by virtue of
continued employment will accrue during a military leave of absence.
(g) Employees will be treated as if they had
never left with respect to compensation, benefits, seniority, promotions, etc.
(h) Any and all other provisions of The
Veterans' Reemployment Rights Act are hereby incorporated by reference into
this Ordinance. (Ord. No. 91-03, Sec. 1,
Sec. 2-19 Electronic Attendance at Meetings Rules.
The City of Kankakee,
Illinois hereby adopts the Electronic Attendance at Meetings Rules,
see the City Clerks Office, that permits a member of the public body to attend
any meeting of a public body as defined in the Open Meetings Act via electronic
means. (Ord 09-25)
Sec. 2-20 - 2-25. Reserved.
ARTICLE II. CITY CLERK
Sec. 2-26. Duties at Council
meetings.
*Cross Reference-Clerk's duties relative
to publication of treasurer's annual account of monies received and
expenditures incurred, Sec. 2-16.
State law
reference-Election, Ill. Rev. Stat. Ch. 24, Sec.
(a) The City Clerk shall attend all meetings
of the City Council, and shall keep in a suitable book, to be styled the
"Record of the City Council" a full and faithful record of its
proceedings. He shall issue and cause to
be served upon the aldermen, notices of all special meetings of the City
Council.
(b) The City Clerk shall, without delay,
upon adjournment of the Council, deliver to the several committees of that body
and to the officers of the corporation, all petitions, communications, reports,
resolutions, orders, claims, and other papers, referred to those committees or
officers by the Council. He shall also,
without delay, deliver to the Mayor all ordinances or resolutions in his
charge, which are required to be approved or otherwise
acted upon by the Mayor. (Code 1965, Sec. 4.02).
Sec. 2-27. Duty to prepare
documents.
The City Clerk shall prepare all
commissions, licenses, permits, and other official documents required to be
issued by him, under the laws and ordinances of the City, and shall attest the
same with the corporate seal. He shall
in like manner, attest all deeds for the sale of real estate owned and conveyed
by the City. (Code
1965, Sec. 4.02).
Sec. 2-28. Appointment of deputy.
The City Clerk may, when necessary,
appoint a deputy, who, during the temporary absence or disability of the Clerk,
shall be empowered to perform all the duties of the Clerk. (Code 1965, Sec. 4.02).
State law references - Authority to
appoint deputy Clerk, Ill. Rev. Stat. Ch. 24, Sec. 3-6-3; deputy Clerk
generally, Ch. 24, Sec. 3-10-9.
Sec. 2-29. Record keeping.
The City Clerk shall carefully preserve
in his office all books, records, papers, maps and effects of every
description, belonging to the City and pertaining to his office. Upon the expiration of his official term, he
shall, on demand, deliver all such books, records, papers and effects to his
successor in office. (Code 1965, Sec.
4.02)
Sec. 2-30. Compensation
for the position of City Clerk
The salary of the Clerk of the City of
Kankakee, Illinois shall be and is hereby set and established to be in the
amount of Thirty-Eight Thousand and no/100s Dollars ($38,000.00) effective May
1, 2009. Said salary shall increase
following each year in an amount equal to One and one-half percent (1.5%) per
annum or the rate of increase for the cost of living as determined by the
annual cost of living applicable to the City of
Sec. 2-31 - 2-39. Reserved.
ARTICLE III. CITY COUNCIL
*State law references-Election, Ill. Rev.
Stat. Ch. 24, Sec. 3-4-1 and 3-4-7 et seq.; City Council, generally, Ch. 24,
Sec. 3-11-9 et. seq.
Sec. 2-40. Meetings generally.
(a) Regular meetings. The regular meetings of the City Council
shall be held on every first and third Monday of each month at
(b) Special meetings. Special meetings of the Council may be called
by the Mayor or any five (5) or more aldermen by filing a request therefore in
writing with the City Clerk, specifying the purpose for which such special
meeting is called and directing the City Clerk to notify the members of the
Council of the time, place, and purpose of such meeting. No business shall be transacted at such
special meeting except that specified in the request, unless by unanimous
consent of a quorum of the Council.
(c) Place of meeting. The Council shall meet in the Council room in
the City hall building, located at the northwest corner of
Sec. 2-40.1. Smoking prohibited in City Council Chambers.
Smoking shall be prohibited in the City
Council Chambers of the City of Kankakee, Illinois. (Ord. No. 83-32, Sec. 1,
Editor's note - Ordinance No.83-32, Sec.
1, adopted
Sec. 2-41. Quorum, absences, and
penalty for absences.
A majority of the aldermen elected to the City Council shall constitute a quorum for the transaction of business. If for any reason a quorum of the Council shall not appear at any regular or special meeting, the Mayor shall forthwith cause a summons to be served by any person authorized to serve a summons upon the members of the Council who do not appear or remain at such meeting, requiring such absent members to appear forthwith at such meeting or show cause why they should not be subject to the penalties provided in this section. If it appears from the return of the officer serving the summons, or otherwise, that the absence of such member from such meeting is not the result of sickness, unavoidable accident or leave or absence previously given to such absent member by a vote of the Council, such absent member shall be subject to a penalty of twenty-five dollars ($25.00) and to a like penalty for every meeting he shall thereafter so neglect or refuse to attend. This section shall not apply to members of the Council absent from the City at the time any special meeting of the Council may be called. (Code 1965, Sec. 3.01).
Sec. 2-41.1. Department heads attendance at City Council
meetings.
The following department heads shall be
required to attend all regular and special meetings of the City Council: Chief of Police, Fire Chief, Superintendent
of Environmental Services Utility, Comptroller, Code Official and at least one
of the City Attorneys, or each and all of them if they have matters on the
agenda before the Council. The
attendance of all other department heads is required only if their respective
departments have matters on the agenda before the Council. Those department
heads who are required to attend all meetings, or whose attendance is required
due to business before the Council, shall only be excused from attendance for
sickness, unavoidable accident or absence from the City. (Ord. No. 72-32 Sec. 1,
Editor's note- Ord. No. 72-32, Sec. 1,
amended this Code by adding provisions designated Sec. 2-41A. Said provisions redesignated as Sec. 2-41.1 to conform with
the numbering system in this Code.
Sec. 2-42. Compensation for
Position of Alderman.
The salary of each Alderman of the City
Council of the City of Kankakee, Illinois shall be and is hereby set and
established to be in the amount of Ten Thousand and no/100s Dollars
($10,000.00) effective
Sec. 2-43. Order of business.
At a meeting of the City Council, the Mayor shall take the chair at the appointed hour, and call the members to order. The roll shall be called, and if a quorum is present, he shall cause the journal of the last meeting to be read. The Council shall then proceed to the business before them, which shall be conducted in the following order:
(1) The reading of the journal of the last
meeting. Amendments
and approval of the same; the journal standing approved unless objected to.
(2) Receiving petitions.
(3) Receiving written communications.
(4) Reports of standing committees.
(5) Reports of select committees.
(6) Reports of officers.
(7) Unfinished business of previous
meetings.
(8) New business.
(9) Motions and resolutions.
(10) Adjournment. (Code 1965,
Sec. 3.02)
Sec. 2-44. Council procedure.
(a) Speaking on the question. No member shall speak more than twice on the
same question without unanimous consent of the City Council, nor
more than once until every member wishing to speak shall have spoken. Speeches on all questions shall be limited to
ten (10) minutes.
(b) Voting. Every member present when a question is
taken, shall vote, unless excused by the Council, or unless he may be directly
interested in the question, in which case he shall not vote. Every motion shall be reduced to writing if
the Mayor or any member desires it.
(c) Question to be stated. Every question or motion when seconded shall
be stated by the Mayor distinctly before it is open for debate. The Mayor may call any member to perform the
duties of the chair, but such substitution shall not extend beyond an
adjournment.
(d) Votes to be recorded. If any member requires it, the ayes and nays
upon any question shall be taken and entered on the journal.
(e) Motion to lay
on the table. A motion to lay on the table simply shall not be debatable, but a motion
to lay on the table with any condition shall be subject to amendment and
debate.
(f) Clerk to forward papers. The City Clerk shall forward all papers to the
appropriate committee and officers, as early as the third day after the
reference shall have been made.
(g) Ordinances to be read. Every ordinance shall be read when
introduced, and lie over until the next regular meeting of the City Council.
(h) Reconsideration of motions. When a motion has once been carried in the
affirmative or negative, it shall be in order for any member who voted on the
side which prevailed, to move for a reconsideration thereof at the same meeting
of the City Council, but not at any time thereafter, but no question that has
been once decided and reconsidered, and decided a second time, shall again be
considered.
(i) Written
communications. Written
communications received by the City need not be read in full, but the City Clerk
may report the substance thereof only to the Council and thereafter the Mayor
may refer to communication to the appropriate committee; provided, however,
that any such communication shall be read in full and separately acted upon by
the Council if so requested by the Mayor or any member of the Council. Upon completion of the reading or reporting
of all communications, a motion shall be made and a vote taken relative to the
referrals of the communication made by the Mayor.
(j) Referral to committee. When any new matter is introduced at any
meeting, it shall be referred by the Mayor without discussion to the
appropriate committees, and lay over until the next meeting, unless by the
consent of two-thirds (2/3) of all of the members of the Council, the same
shall be taken up for immediate consideration.
(k) Claims against the City. No claim shall be allowed unless it has been
filed in the office of the City Clerk on or before the Thursday preceding the date that it is to be presented to the Council
for its approval. This rule shall not
apply to the regular semi-monthly payroll of the officers and employees of the
City, or to the payment of claims which are authorized to be paid by special
resolution.
(l) Addressing the Council. No person not a member of the Council, except
City officials, elective or appointive, shall have the privilege of addressing
the Council without consent of two-thirds (2/3) of all members present.
(m) Robert's Rules of Order. In all matters not particularly specified in
the above rules, the Council shall be
governed by "Robert's Rules of Order" for parliamentary and legislative practice.
(n) Conduct of visitors. No person, acting for himself or another,
shall be allowed upon the floor of the Council (meaning that portion in front
of the railing) while any legislation is pending before the Council in which
the above mentioned parties are interested.
(o) Councilmen not to leave seats. No member of the Council shall leave his seat
during a Council meeting without first obtaining permission of the chair.
(p) Changes in procedure. These rules of procedure shall not be
repealed, altered, amended or suspended, unless by the concurrence of
two-thirds of all the aldermen elected.
(q) Petitions, applications, requests
presented to the City Council. Any
petitions, applications or requests to be presented to the City Council at its
regular meeting must be filed in the office of the City Clerk at or before
Sec. 2-45 Standing committees generally.
(a) That standing committees of the City
Council shall be composed of not less that three (3) members, and shall be appointed
by the members of the City Council annually, on or before May 15th of each
year; and the first person named in the committee shall be the chairman
thereof. In the absence of the chairman,
his designee of the committee shall act as chairman.
(b) The following standing committees shall
be annually appointed:
(1) Budget (Finance)
(2) Environmental Services Utility
(3) Community Development and Community
Relations (Community Development Agency, Public Relations, and Planning).
(4) Ordinance and Judiciary
(5) License and Franchise
(6) Public Safety (Police & Fire)
(7) Planning & Code Enforcement (No. 1-7
amended per Ord 03-80, Sec. 3,4)
(Code 1965 Sec. 3.04, No 71-22, Sec. 1,
5-17-71; Ord. No. 73-39, Sec. 1, 5-7-73; Ord. No. 77-35, Sec. 1, 5-16-77; Ord.
No. 78-22, Sec. 1, 6-5-78; Ord. No. 81-17, Sec. 1, Ord. No. 86-22, Sec. 1,
5-12-86, 4-20-81; Ord. 89-22, Sec. 1, 6-5-89).
Cross Reference--Duties of public relations
committee regarding affirmative action program, Ch. 3 1/2-6. Ord. repealed by
Ord. 89-45).
Sec. 2-45.1 Compensation
for Chairman of Budget; Environmental Services Utility; License and Franchise;
and Public Safety Committees.
The duly appointed Chairman of Budget, Environmental Services Utility
Board, License and Franchise Committee and Public Safety Committee shall
receive, in addition to their compensation described above, additional
compensation in the amount of One Thousand and no/100s Dollars ($1,000.00) per
annum. (Ord. 08-59,
Sec. 2-46. Committee procedure.
(a) Subparagraph (a) deleted. (Ord. 89-22,
Sec. 2,
(b) Reports. All reports of committees shall be addressed
to the City Council. All standing or
select committees to whom any matter may be referred shall report thereon in
writing as soon as the third regular meeting of the Council after any such
reference shall have been held. The
report shall be signed by a majority of the committee.
(c) Action to be deferred. Any report of a committee of the Council
shall be deferred for final action thereon, to the next regular meeting of the
same after the report is made, upon the request of any two (2) aldermen
present.
(d) Data to be attached. Every committee of the Council in reporting
upon any subject referred to them, shall attach to
their report, all papers or documents in the possession of the committee,
relative to the matter referred. (Code 1965, Sec. 3.04).
Sec. 2-47. Budget committee; powers
and duties.
Editor's note--Section 2-47 "Finance
committee generally," was repealed by Sec. 1 of Ord. 77-37, adopted
The budget committee of
the City Council shall have the following powers and duties:
(1) Permit, encourage and suggest the use of
efficient planning, budgeting, auditing, reporting, accounting and other fiscal
management procedures in all municipal departments, commissions and boards.
(2) Compile an annual budget.
(3) Examine all books and records of all
municipal departments, commissions and boards which relate to moneys received
by the municipality, municipal departments, commissions and boards and paid out
by the municipality, municipal departments, commissions and boards, debts and
accounts receivable, amounts owed by or to the municipality, municipal
departments, commissions and boards.
(4) Obtain such additional information from
the municipality, municipal departments, commissions and boards as may be
useful to the budget committee for purposes of compiling a municipal budget,
such information to be furnished by the municipality, municipal departments,
commissions and boards in the form required by the budget committee. Any department, commission board which refuses
to make such information as requested of it available to the budget committee,
shall not be permitted to make expenditures under any subsequent budget for the
municipality until such municipal department, commission or board shall comply
in full with the request of the budget committee.
(5) Initiate, maintain and monitor such
procedures as shall ensure that no expenditures are made by the municipality,
municipal departments, commissions or boards except as authorized by the
budget, (Ord. No. 77-42, Sec. 1,
5-16-77)
Sec. 2-48. Committee for buildings
and grounds generally.
The Mayor shall appoint a committee of
not less that three (3) aldermen to be known as public grounds and buildings
committee. The first member so
designated shall be the chairman of the committee. The committee shall have jurisdiction over
the public buildings and real estate owned by the City and shall approve and
authorize expenditures for repairs, renovations, maintenance, upkeep and improvements
of the buildings and grounds within the limits of expenditures specified by the
City Council. (Code
1965, Sec. 3.07).
Sec. 2-49 -2-57. Reserved.
ARTICLE IV. CITY TREASURER
Sec. 2-58. Making the office of City
Treasurer appointed.
As established by the City Council of the
City of
(Ord. 94-31,
*State law references- Election, Ill.
Rev. Stat. Ch. 24, Sec. 3-4-1 et seq.; duties of municipal treasurer, Ch. 24,
Sec. 3-10-1 et seq.
(a) The City Treasurer shall receive all
monies belonging to the City, and shall keep a separate account of each fund,
appropriation, and the debits and credits belonging thereto. He shall give to every
person paying money into the City treasury a receipt therefore,
specifying the date of payment, and upon what account paid and he shall file
copies of such receipts with the City Clerk, at the date of his monthly
reports.
(b) The Treasurer shall keep an accurate
register of all warrants redeemed and paid by him, showing the number, date and
amount of each, the fund from which paid, and the name of the person to whom
and when paid; and he shall cancel all warrants as soon as redeemed by him.
(c) It shall be the duty of the treasurer to
report to the City Clerk, whose duty it shall be to immediately report to the
Council, any officer authorized to receive money for the use of the City who
may fail to make a return of the monies received by him at the time required by
law or ordinance.
(d) The Treasurer shall keep his books and
accounts in such manner as to show with entire accuracy all monies received and
disbursed by him for the City, stating from whom and on what account received,
and to whom and on what account paid out, and in such way that the books and accounts
may be readily investigated and understood.
The same, together with all files and papers of his office, shall be at
all time open to examination by the Mayor, or the finance committee of the
Council.
(e) The Treasurer shall at the end of each
month, and more often if required, render an account to the Council, showing
the state of the City treasury at the date of such account, and the balance of
money in the treasury. He shall
accompany such account with a statement of all monies received into the treasury,
and on what account received, together with all warrants redeemed and paid by
him during the preceding month, which warrants, with any and all vouchers held
by him, shall be delivered to the City Clerk, and filed with his accounts in
the Clerk's office, and he shall return all warrants paid to him, stamped or
marked "paid". (Code 1965,
Sec. 4.04)
(f) The Treasurer may delegate all of the
above duties and any other duties imposed upon said Office, by Ordinance or
Statute, to the Comptroller of the City of
Sec. 2-60. Procedure for lost or
destroyed warrants.
When any City warrant is lost or
destroyed so that it cannot be presented to the treasurer for payment by the
person entitled thereto, such person shall apply by petition to the Council for
relief, and the Council may order the City Clerk to issue a duplicate warrant
to the person so entitled to payment, upon his filing an affidavit of the loss
or destruction of the original, and giving bond and security to the City to
refund the amount of such warrant, and pay all costs, in case the original or
lost warrant should be presented and the City is compelled to pay the
same. (Code 1965, Sec. 4.04)
Sec. 2-61-2-70. Reserved.
ARTICLE
V. COLLECTOR OF SPECIAL ASSESSMENTS
*State law references--Appointment of
collector, Ill Rev. Stat. Ch. 24, Sec.
Sec. 2-71. Office of special assessments created.
The office of collector of special assessments
for local improvements is hereby created, which office shall be held by the
City Comptroller. (Code 1965, Sec. 4.05;
Ord. No. 83-30, Sec. 1, 7-5-83)
Sec. 2-72. Reserved.
Editor's note--Section 2-72, providing
for the appointment and term of the collector of special assessments and
derived from Sec. 4.05 of the City's 1965 Code was repealed by Sec. 1 of Ord. No. 83-30,
adopted
Sec. 2-73. Disposition of collected
moneys.
The collector shall turn over all moneys
in his hands collected once each day to the City treasurer, and file his
statement of all moneys collected by him under oath every thirty (30)
days. The collector shall, as often and
at any time when requested by the Council, turn over the money collected by him
to the City treasurer, with a like statement under oath. (Code 1965, Sec. 4.05; Ord.
No. 75-55, Sec. 1, 11-3-75).
Sec. 2-74 - 2-83. Reserved.
ARTICLE VI. CONSULTING ENGINEER
Sec. 2-84. Duty to submit plans, estimates, etc. for
public work.
The City Consulting Engineer shall, when
required by the Mayor, the City Council or any committee thereof, make out and
submit plans, estimates and specifications for any public work, which may be
proposed or ordered by the Council. (Code 1965, Sec. 4.07)
Sec. 2-85. Duty to supervise and
examine public works; suspension of work.
The City Consulting Engineer shall, when
required by the Mayor or the City Council, superintend the construction of any public
work of the City, and shall, as often as may be necessary, examine such public
work under his charge, and see that the same is properly executed. If the contractor therefore shall neglect or
refuse to execute such work in accordance with his contract and specifications,
the City Consulting Engineer may suspend the work, and shall thereupon report
the facts to the Mayor, who shall report the same to the Council at once for
their action. (Code 1965, Sec. 4.07)
Sec. 2-86. Duty to make surveys and
profiles of streets.
The City consulting engineer shall, when
required by the City Council, make a survey of the grade or boundary of any
street or alley of the City, and prepare a plat or profile thereof, and report
the same to the Council. No such survey
of grade or boundary shall be deemed established or valid until the plat or
profile thereof shall be approved by the Council. (Code 1965, Sec. 4.07)
Cross reference- Duty in
regard to affirmative action programs.
Sec. 3 1/2-7.
Sec. 2-87. Duty to mark grades for
public improvements.
The City Consulting Engineer shall, upon
order of the Mayor, give or mark the grade of any street or alley, or any
public improvement where established, at the request of any person desiring to
erect any building or enclosure, or to lay any sidewalk thereon. He shall make all surveys within and for the
City that he may be called upon to make.
(Code 1965, Sec. 4.07)
Sec. 2-88. Duty to use field notes of original
surveys.
The City Consulting Engineer shall
provide himself, as far as practicable, with copies of the field notes of the
original surveys of the City and make his own surveys in accordance therewith;
and he shall carefully note all errors or discrepancies in the original
surveys, as soon as discovered. He shall
keep a systematic record of all the transactions pertaining to his office, and
shall index all surveys and records.
(Code 1965, Sec. 4.07)
ARTICLE VII. RESERVED.
Sec. 2-90 - 2-110. Reserved
ARTICLE VIII. LAW DEPARTMENT
*Editor's note - Ord. No. 77-41, adopted
Sec. 2-111. Created; composition.
There is hereby created a Department of
Municipal Government of the City which shall be known as the "Law
Department" consisting of a Corporation Counsel and an Assistant
Corporation Counsel. (Ord. of
Sec. 2-112. Prosecution of cases.
The Law Department shall prosecute or
defend on behalf of the City in all cases in which the interests of the
corporation or any office thereof are involved.
The City Clerk shall provide the department with certified copies of any
ordinance, bond, or other document in his keeping necessary for the prosecution
or defense of any suit or proceeding.
(Ord. of
Sec. 2-113. Legal advice.
The
Law Department shall, when requested, advise the City Council or any City
officer in all matters of law in which the interests of the corporation are
involved and shall draw ordinances, bonds, and contracts, or examine and
approve the same, when required by the Mayor, Council or any committee
thereof. (Ord. of
Sec. 2-114. Executions on judgments;
certification of bills.
The Law Department shall cause execution
to be issued upon all judgments in favor of the City and see to their prompt collection.
Further, it shall examine all the fee bills of officers of the courts and
others and certify to the correctness of the same and the liability of the City
therefore. (Ord. of
Sec. 2-115. Prosecutions of violations
of ordinances.
The Law Department is also in charge of
the operation of the Administrative Adjudication system, as provided in Section
36.01 et. seq. of this
Code. In addition thereto, the Law
Department is in charge of the prosecution and representation of the City and
all hearings before said Administrative Adjudication system. (Ord. No. 98-88,
Sec. 2-115,
Sec. 2-116. No duty to prosecute malicious complaints.
The Law Department is not required to
prosecute any suit or action arising under the ordinances of the City when,
upon investigation of the same, it is satisfied that the complaint was
instituted maliciously or vexatiously and without
probable cause, and it may discontinue any such suit or proceedings upon such
terms as may seem to it just and equitable.
(Ord of
Sec. 2-117. Annual report.
The
Law Department shall, annually, on or before the first Monday in April of each
year, report, in writing, to the City Council, a detailed statement of all
suits instituted and pending in the courts of record wherein the City is
plaintiff or defendant. In its report,
it shall state the names of the parties to the suits, the date of the
commencement, the nature thereof, and the several steps taken by it to bring
the same to final issue. It shall also
give a list of all cases disposed of since the last report, with such
explanatory remarks as it may think proper to add thereto, to the end that the
Council may be kept fully advised as to the legal affairs of the City. (Ord. of
Sec. 2-118. Record of opinions;
registration of court actions.
The Law Department shall keep in a
suitable book to be provided by the City for that purpose, a record of all
written opinions given or furnished by it to the City. It shall also keep a register of all actions
in courts of record, prosecuted or defended by it, in which the City was a
party and of the various proceedings in connection therewith. The book and register together with all
contracts, bonds or other papers, shall be delivered to any successor to the
corporation counsel. (Ord. of
Sec. 2-119. Duties of Corporation Counsel generally.
Counsel shall be the department head of
the Law Department and shall be charged with those duties listed in sections
2-113, 2-114, 2-117, and 2-118. The
corporation counsel, with the Mayor, may appoint those assistant corporation
counsel provided herein with the consent of the City Council. (Ord. of
Sec. 2-120. Duties of Assistant Corporation Counsel
generally.
Two Assistant Corporation Counsel are
charged with the duties listed in sections 2-115 and 2-116 and any of those
duties that may be assigned to said counsel by the corporation counsel. (Ord. of
Sec. 2-121. Duties of sections 2-119 and 2-120 may be
exercised jointly and severally.
The enumeration of duties in sections
2-119 and 2-120 above do not, nor are they intended to, create a division of
powers within the Law Department. The
powers and duties vested in the corporation counsel are vested in the Assistant
Corporation Counsel, and the duties and powers vested in the Assistant
Corporation Counsel are vested in the corporation counsel, and the duties and powers may be exercised
jointly and severally by either office of the Law Department. (Ord. of
Sec. 2-122. Replacements for
Corporation Counsel or Assistant Corporation Counsel.
In case of the temporary absence or
inability of the corporation counsel to attend to the duties of his office, an
Assistant Corporation Counsel shall be designated by said Corporation Counsel
to assume the duties of the Corporation Counsel. In case of the temporary absence or inability
of the Assistant Corporation Counsel to attend to the duties of the office, the
Corporation Counsel, with the approval of the Mayor may appoint or employ some
competent attorney to act in the place of either the Assistant Corporation
Counsel. (Ord. of
Sec. 2-123 - 2-132. Reserved.
ARTICLE IX. MAYOR
*Cross references - Mayor to act as
Liquor Control Commissioner, Sec. 4-2; Mayor's emergency powers for civil
emergencies, Sec. 10-24 et seq.
State law references - Election of Mayor,
Ill. Rev. Stat. Ch. 24, Sec.
Sec. 2-133. Powers and duties.
(a) The Mayor shall sign all commissions,
licenses and permits granted by authority of the City Council, except as
otherwise provided, and such other acts and deeds as by law or ordinance may
require his official signature.
(b) The Mayor shall grant licenses for the
purposes authorized by the Code, to such persons as he may deem proper, unless
the Council shall otherwise designate and provide, and he may revoke the same
for cause.
(c) The Mayor shall supervise the conduct of
all officers of the City, inquire into all reasonable complaints made against
them or any of them, and cause their neglect or violation of official duty to be
promptly corrected, or reported to the proper tribunal for punishment.
(d) The Mayor shall appoint, by and with the
advice and consent of the Council, all officers of the City whose appointment
is not otherwise provided for by law, or this Code. Whenever a vacancy occurs in any office,
which by law or ordinance he is empowered and required to fill, he shall,
within thirty (30) days after such vacancy occurs, communicate to the Council
the name of his appointee to such office, and pending the concurrence of the
Council in such appointment, he may designate some suitable person to discharge
the function of such office. (Code 1965,
Sec. 4.01)
Sec.
2-134. Successor to Mayor in times of disaster.
(a) In the event that at the time or as a consequence
of any disaster caused by hostile action, enemy attack, the explosion of bombs
or missiles due to sabotage or other disloyal acts or disasters due to fire,
flood, earthquakes or other natural causes the incumbent Mayor shall be killed
or rendered incapable of performing the duties of such office or position, such
office shall, in accordance with the Illinois Civil Defense Act, be filled
until such time as a successor can be selected in the manner prescribed by law,
in the following manner:
Any such office shall,
for the emergency period, be filled by appointment of the senior member,
counted by years of service, of the City Council and followed by the next
senior member of the City Council and continuing in said order of preference
through the fourteen (14) members of the City Council and followed by the City
Clerk, City treasurer, the civil defense director, the Chief of Police and the
Chief of the Fire Department.
(b)
The
person appointed in the manner prescribed therein to fill the office of Mayor
shall exercise all the duties, powers and functions of that position during the
emergency and until such time as a successor can be selected in the manner
provided by law. (Ord. No. 74-4,
Editor's note - Ord No. 74-4 did not
expressly amend this Code, hence its codification as Sec. 2-134 was at the
discretion of the editors.
Sec. 2-135. Position of Mayor pro tem created.
If a temporary absence or disability of
the Mayor incapacitates him from the performance of his duties but does not
create a vacancy in the office, the City Council shall elect one of its members
to act as Mayor pro tem. The Mayor pro
tem, during this absence or disability, shall perform the duties and possess
all the rights and powers of the Mayor.
(Ord. No. 80-47, Sec. 1,
Editor's note - At the discretion of the
editor, Sec. 1 of Ord. No. 80-47, adopted
Sec. 2-136. Compensation for the
position of Mayor.
The salary of
the Mayor of the City of Kankakee, Illinois shall be and is hereby set and
established to be in the amount of Fifty Thousand and no/100s Dollars
($50,000.00) effective May 1, 2009. Said
salary shall increase each following year in an amount equal to One and
one-half percent (1.5%) per annum or the rate of increase for the cost of
living as determined by the annual cost of living applicable to the City of
Sec. 2-137 - 2-143. Reserved.
ARTICLE
X. MUNICIPAL PURCHASING
*State law reference‑ Purchasing generally, Ill. Rev. Stat. Ch. 24, Sec. 8‑9‑1 et seq.
Sec. 2‑144. Competitive bid to be obtained.
Any labor, lease, goods or services to be
purchased by the City, real or personal property, equipment or supplies, or
public improvement which is not to be paid for in whole or in part by a special
assessment or special taxation, where the expenses or costs thereof will exceed
five thousand ($5000.00) shall be constructed or purchased either:
Sections 2-144, 2-146, 2-147, and 2-149.1
of the Municipal Code of the City of Kankakee, Illinois, are hereby amended to
read $20,000.00 in every instance in which the sum of $10,000.00 is mentioned
in said sections, that is to say, that in each section or subsection thereof
where figure of $2,500.00 is mentioned that the figure of $20,000.00 shall be
substituted therefore. (Ord 06-02)
(1) By a contract let to the lowest
responsible bidder after advertising for bids, except that any such contract
may be entered into by the proper officers without advertising for bids, if
authorized by a vote of two‑thirds (2/3) of all the aldermen elected or
(2) In the manner following, if authorized
by a vote of two‑thirds (2/3) of all the aldermen elected, to wit: The
proper officers or departmental head shall make such purchase or shall
superintend and cause such work or construction to be carried out but all
material of the value of five thousand dollars ($5,000.00) and upward used in
any construction work or public improvement shall be purchased by contract let
to the lowest responsible bidder in the manner prescribed herein.
Nothing herein contained shall apply to
any contract with the federal government or any agency thereof. (Code 1965,
Sec. 5.01 Ord. No. 80‑58, Sec. 1, 9‑2‑80); Ord. No. 2001-02,
Sec. 2‑145. Exceptions to competitive bid requirements.
Contracts for the City which by their nature
are not adaptable to award by competitive bidding, such as contracts for the
services of individuals possessing a high degree of professional skill where
the ability or fitness of the individual play an important part, auditing,
contracts for utility services such as water, heat, light, telephone or
purchasing of educational matter shall not be subject to competitive bidding.
(Code 1965, Sec. 5.02)
Sec. 2‑146. Procedure in contracts over five thousand dollars.
(a) All proposals to award purchase orders or
contracts for municipal purchases in excess of five thousand dollars ($5000.00)
shall be published once at least ten (10) days in advance of the date announced
for the receiving of bids, in a newspaper of general circulation throughout the
City by the City Clerk. Nothing herein shall be construed to prohibit the Clerk
from posting additional notices or advertising in addition thereto in trade
magazines. (Ord. No 2001-02,
(b) Advertisement for bids shall describe the
character of the proposed contract, purchase or improvement in sufficient
detail to enable the bidders thereon to know what their obligations will be,
either in the advertisement itself, or by reference to detailed plans and
specifications on file in the office of the Clerk at the time of publication of
the announcement. The advertisement shall also state the date, time and place
assigned for the opening of bids, and such bids will be received at any time
subsequent to the time indicated in the announcement.
(c) Cash, a cashier's check, or a certified
check as a deposit of good faith, in a reasonable amount, but not in excess of
ten (10) per cent of the contract or purchase amount may be required of each
bidder on all sums in excess of five thousand dollars ($5,000.00) if specified
in the bid announcement.
(d) All sealed bids shall be publicly opened
by the City Clerk or if he is not present then by the Comptroller. All bids
shall be open to public inspection in the office of the City Clerk for a period
of forty‑eight (48) hours before the award is made. All such bids shall
be opened in the presence of the Comptroller and the appropriate committee
chairman.
(e) The award of any purchase or contract in
excess of five thousand dollars ($5000.00) shall be made by the consensus of
the Mayor, the Comptroller, and the chairman of the committee involved after
approval by the City Council in said bid or purchase to the lowest or highest
responsible bidder, depending on whether the City is to receive or expend
money. (Code 1965, Sec. 5.03; Ord. No. 77‑38, Sec. 1, 5-16-77; Ord. No.
80-58, Sec. 1,9-2‑80) Ord.
No 2001-02,
Sec. 2‑147. Emergency contracts.
In the event of an emergency affecting
the public health, welfare or safety so declared by the Mayor, a contract maybe
let or a purchase made by the City, to the extent necessary to resolve such
emergency without public advertisement in a sum not to exceed five thousand
dollars ($5,000). The Mayor shall file his authority for the expenditure in
writing in the office of the City Clerk and a copy to the chairman of the
budget committee and shall provide the date or time when the emergency shall
terminate and shall name the person authorized to make such expenditure or
contract and the amount or amounts to be expended. (Code 1965, Sec. 5.04; Ord.
No. 79‑43, Sec. 1, 9‑4-79; Ord. No. 80-58, Sec. 1, 9‑2‑80)
(Ord. No. 2001-02,
Sec. 2‑148 Lowest bid
A bidder who is otherwise deemed to be responsible bidder may be deemed
the lowest bid if the bidder has and maintains a primary place of business
which shall include locations of manufacturing, production, distribution or
employment of other non-family individuals within the municipal boundaries of
the County of Kankakee and the bid received is within the following parameters:
(a) If
the total bid is $100,000 or less, not more than 5% more than the lowest bid;
(b) If
the total bid is more than $100,000, but less than $500,000, not more than 3%
more than the lowest bid;
(c) If the
total bid is $500,00 or more, not more than 1% more than the lowest bid.(Ord
06-17, 04/03/06)
2-149 Reserved.
Editors note ‑ 2‑149, relative to contracts or purchases not exceeding $1,500.00, derived from Code 1965, Sec. 5.06 was repealed by Sec. 1 of Ord. No. 77‑39, adopted May 16, 1977.
Sec. 2‑149.1 Budget‑approved contracts or purchases not exceeding five thousand dollars; procedure.
All requisitions or purchase orders or
proposed contracts not exceeding five thousand dollars ($5,000.00) having
previously been approved in the annual budget of the City, together with all
necessary attachments thereto, including written itemized statements,
descriptions of transactions, quantity and all other data and information
relative to the transaction, contract, purchase or lease, shall be signed by
the following:
(l) The appropriate department head
requesting the proposed transaction:
(2) The Chairman of the appropriate
committee acknowledging receipt of said request;
(3) The Comptroller, whose signature shall
be a verification that funds are available for said proposed purchase;
(4) The Mayor, whose signature shall be the
authorization to complete or enter into said proposed purchase. (Ord. No.77‑40,
Sec. 1, 5‑16‑77; Ord. No.80‑58, Sec. 1, 9‑2‑80;
Ord. No. 2001-02,
Sec. 2‑150. Contracts
exempt from purchasing regulations.
The provisions of this article shall not apply to local improvement contracts, special assessments or to purchases or contracts otherwise specifically provided for by the Illinois Revised Statutes. (Code 1965, Sec. 5.07)
Sec. 2‑151. Invalid purchase contracts.
Any purchase or contract executed in
violation of this article shall be null and void as to the City and if public
funds have been expended thereupon, the amount thereof may be recovered in the
name of the City. (Code 1965, Sec. 5.08)
Section
2-152-1 Minimum Liability Insurance Limits
All persons or entities with whom the
City of Kankakee enters into contracts for services and contracts for goods on
a recurring basis ( more than two occasions in any twelve (12 ) month period)
shall provide proof of liability insurance protecting and indemnifying the
person or entity in amounts of not less than One Million and no/100s Dollars
($1,000,000.00) (Ord 09-27)
Section
2-152-2 Identification of the City of
All persons or entities with whom the
City of Kankakee enters into contracts for services and contracts for goods on
a recurring basis (more than two occasions in any twelve (12) month period); or
any person or entity which places equipment within buildings or property owned
by the City of Kankakee shall provide proof of liability insurance protecting
and indemnifying the person or entity in the amounts described in the preceding
section and shall also provide proof that the City of Kankakee is identified as
an additional insured. (Ord 09-27)
Section 2-152-3 Termination of contracts for
failure to provide evidence of compliance.
Upon the failure of any person or entity
to provide proof of insurance and proof of identity of the City of
Sec. 2‑153 ‑ 2‑161. Reserved.
ARTICLE XI. PLAN COMMISSION
Sec. 2 ‑ 162. Created - Plans Commission
A Plan Commission for the City is hereby
created under the authority of Section 11‑12‑4 of the Illinois
Municipal Code. (Code 1965, Sec. 22.01)
The plan commission shall consist of
fourteen (14) members including a member of the board of education, a member of
the zoning board of appeals, a member of the park board of the Kankakee Park
District, the Supervisor of Kankakee Township and the Chairman of the County
Board of Supervisors, and nine (9) other members chosen from the citizens of
the City by the Mayor with the approval of the Council. (Code 1965, Sec. 22.02; Ord. No. 81‑21,
Sec 1, 5‑18‑81)
Sec. 2‑164. Terms;
vacancies - Plans Commission.
The terms of all members of the Plan
Commission appointed shall be three (3) years. Any member of
the commission who shall be absent for more than four (4) meetings per year may
be replaced by the Mayor. All vacancies occurring in the Plan Commission
shall be filled by appointment for the remainder of the unexpired
term in the same manner as original appointments. (Code 1965, Sec. 22.03)
As soon as possible after their
appointment, the members of the Plan Commission shall organize by the election
of a Chairman, Vice Chairman, Secretary and such other officers as may in their judgment be necessary. If the Plan Commission
shall deem it advisable to secure technical advice or service, it may do so
upon authority from the Council and appropriation by the Council therefore.(Ord. No. 70‑23, Sec. 1, 5‑4‑70)
Sec. 2‑166. Record
keeping required ‑ Plans Commission.
The Plan Commission shall keep written
records of its proceedings which shall be open to inspection by the City
Council at all times. (Ord. No. 70‑23, Sec. 1, 5‑4-70)
Sec. 2‑167. Powers
and duties - Plans Commission.
The Plan Commission shall have the power:
(1) To prepare and recommend to the City Council
a comprehensive plan of public improvements for the present and future
development of the City, which plan shall be known as the official plan of the City. Such plan shall include reasonable requirements in
reference to streets, alleys, and public grounds in unsubdivided
lands within the City, and in contiguous territory outside of and distant not
more than one and one‑half (1 1/2) miles from such limits, and not
included in any City, village or incorporated town. Such requirements shall be
effective whenever such lands are subdivided after the adoption of such plan.
(2) To prepare and recommend to the City
Council from time to time such changes in the plan as may be deemed necessary
by the City Council or by the plan commission; provided, however, that such
changes shall not affect the general principles of the plan as adopted.
(3) To prepare and recommend to the City
Council from time to time plans for specific improvements in the pursuance of
such official plan.
(4) To give aid to the officials of the
City, charged with the direction of projects for improvements embraced with the
official plan, to further the making of such improvements, and generally to
promote the realization of the official plan.
(5) To exercise such other powers germane to
the power granted by this chapter, as may be conferred by the Council. (Code
1965, Sec. 22.05)
Sec. 2‑168. Subdivision
plat approval.
No map or plat of any subdivision
presented for record, affecting land
within the City, and in contiguous territory outside of and distant not
more than one and one‑half (1 1/2) miles from such limits, and not
included in any City, village or incorporated town, after the adoption of the
official plan, shall be entitled to record or shall be valid unless the
subdivision thereon shown, shall provide for streets, alleys, sewers and public
grounds in conformity with any requirements applicable thereto, on such
official plan. (Code 1965, 22.06)
Sec. 2‑169 ‑
2‑178. Reserved.
ARTICLE XII. Reserved
Sec. 2‑179 2-185. Reserved.
ARTICLE XIII. COMPTROLLER
*Editor's note ‑ Ord. 76‑53,
Sec. 1, adopted
Cross Reference ‑ Duties
of Comptroller in regard to affirmative action program, Sec. 3 1/2.
There is hereby created the office of City Comptroller, an executive office of the City. The Comptroller shall be appointed by the Mayor by and with the advice and consent of the City Council. (Ord. No. 78‑53, Sec. 1 (1), (9‑7‑76)
Sec. 2‑187. Bond
required for Comptroller.
Before entering upon the duties of his
office the City Comptroller shall execute and file with the Treasurer a bond in
such amount and with such sureties as may be required by the Council,
conditioned upon the faithful performance of his duties. (Ord. No. 76‑53,
Sec. 1 (2), 9‑7‑76)
Sec. 2‑188. Powers and duties generally.
The Comptroller shall have supervision over
all officers and employees of the City charged in any manner with the receipt,
collection or disbursement of the City revenue, or with the collection and
return of the City revenue into the treasury. The Comptroller shall work with
the City Treasurer in administering the financial affairs of the City including
the receipt and deposit of all moneys received by the City make necessary
expenditures, and be in charge of group insurance plans, workmen's compensation
claims and similar programs. The Comptroller shall act as purchasing agent for
all purchases under one thousand five hundred dollars ($1,500.00). The
signature required on all purchase orders shall be of the appropriate
department head, the appropriate committee chairman, the Comptroller and the Mayor,
as set forth in more detail in section 2‑149.1 of this Code. The
Comptroller shall participate in competitive bids as set forth in sections 2‑146(d) and 2‑146(e) of this Code. The Comptroller
shall be director of the budget and shall be directly responsible to the Mayor
in assisting the Mayor and budget committee with the preparation and
administration of the annual budget of the City. The director of the budget
shall prepare and submit to the City Council, in behalf of the Mayor, the
Annual City Budget for their consideration, approval and passage. (Ord. No. 76‑53,
Sec. 1 (3), 9‑7‑76; Ord. No. 77‑45, Sec. 1, 6‑6‑77)
Sec. 2‑189. Documents; custody.
He shall have custody and control of all
such municipal documents, books and papers which he is required by statute or
ordinance to keep. (Ord. No. 76‑53, Sec. 1 (4), 9‑7‑76)
Sec. 2‑190. Estimate
of expenses.
On or before the fifteenth day of April
of each year, and before the annual appropriation ordinance is prepared, the
Comptroller shall submit to the corporate authorities a report of his estimate,
as nearly as may be, of the money necessary to defray the expenses of the City
during the current fiscal year. For the purpose of taking this report he shall
require all officers of the City to submit statements of the condition and
expenses of their offices or departments; and any proposed improvements and the
estimated expense thereof; a statement of all unperformed contracts, and the
amount of all unexpended appropriations of the preceding year.
His report shall also:
(l) Classify the objects and purposes of
such estimated expenditures and the amounts required for each;
(2) Show the aggregate income of the
preceding fiscal year, from all sources;
(3) Show the amount of liability on which
interest is to be paid;
(4) Show the bonds and debts due and payable
and the dates when such are due and payable; and
(5) Give such other information regarding
the financial situation of the City as the Council may require. (Ord. No. 76‑53,
Sec. 1 (5), 9‑7‑76)
Sec. 2‑191. Warrants.
The City Comptroller shall keep a record
of all warrants, or orders filed with him or paid by him and all vouchers as is
required by statute. (Ord. No. 76-53, Sec. 1,(6), 9‑7‑76)
Sec. 2-192. Bonds.
The City Comptroller shall keep in his
office, in books used solely for that purpose, a correct list of all the
outstanding bonds of the City, showing the number and amount of each, and for
whom and to whom the bonds were issued. He shall also show therein when any
City bonds were purchased, paid or canceled. He shall show, in his annual
report the bonds sold during the year, the terms of such sale and every item or
expense incurred therewith. (Ord. No. 76‑53, Sec. 1 (7),9‑7‑76)
Sec. 2‑193. Additional duties.
He shall perform such additional duties
and have such additional powers as the Council may by ordinance or resolution
confer upon him. (Ord. No. 76.53, Sec. 1 (8),9‑7‑76)
Sec. 2‑194. Creation of Collection Department.
There is hereby created a Collection Department to be operated under the supervision of the Comptroller.
Sec. 2‑195. Duties of Collection Department.
(a) The Collection Department shall be
responsible for the collection of any and all over‑due fees, debts, charges
or other obligations due and payable to the City
of
(b) All departments of the City of
Sec. 2‑196. Head of the Department of Collections.
(a) The Mayor shall appoint the head of the
Department of Collection with the advice and consent of the City Council and
shall be directly responsible to the Comptroller in carrying out the duties of
the Collection Department.
(b) The Mayor shall designate such other
employees of the City of
Sec. 2‑197 ‑
2‑200. Reserved.
ARTICLE XIV. Reserved
Secs. 2-101 2-115 Reserved.
ARTICLE
XV. BUILDING AND ZONING DEPARTMENT
Cross references - Building and building
regulations generally, Sec. 8-1 seq; health
regulations generally, Ch. 18.
Sec. 2-216. Department created.
The Planning & Code Enforcement Department is hereby
created for the purpose of administration, enforcement and execution of the
regulations adopted by the City of Kankakee governing: (i)
The condition and maintenance of all property, building and structures;
standards for supplied utilities and facilities and other physical things and
conditions essential to ensure that structures are safe, sanitary and fit for
occupation and use; (ii) The design, construction, quality of materials,
erection, installation, alteration, repair, location, relocation, replacement,
addition to, use or maintenance of dwellings, buildings and structures, and the
issuance of permits and collection of fees therefore; (iii) The development,
construction, enlargement, alteration, conversion, occupancy, use, height,
placement, spacing, size and area of all buildings, structures and lots; and,
standards and procedures for the subdivision of land. (Ord. No. 03-81)
Sec. 2-217. Official in charge of
department.
The executive official in charge of the
Planning & Code Enforcement Department shall be Known
as the Code Official who shall be appointed by the Mayor with advice and
consent of the City Council.
Sec. 2-218. Duties and powers of the code official
The Code Official is
hereby authorized and directed to administer, enforce and execute all codes,
ordinances and regulations relating to the development, erection, construction,
enlargement, alteration, repair, moving, removal, demolition, conversion,
occupancy, use, height, area and maintenance of all buildings, structures and
lots, including but not limited to property maintenance, building plumbing,
electrical, zoning, subdivision and other such codes, ordinances and
regulations adopted by the City of Kankakee.
The Code Official shall have the authority to render interpretations of
said codes, ordnances and regulations and to adopt polices and procedures in
order to clarify the application of their provisions. In order to determine and insure compliance
with said codes, the Code Official shall (i) make
inspections, as deemed necessary (ii) issue all necessary notices or orders;
and, (iii) keep official records pertaining to fees collected, inspections,
notices and orders issued.
Sec. 2-219. Establishment of
department divisions.
The Planning
& Code Enforcement Department shall consist of the following Divisions:
(a) Property
Maintenance Division: The property
Maintenance Division is hereby established for the purpose of enforcement of
the property maintenance codes, ordinance and other regulations governing the
condition and maintenance of all property, buildings and structures; supplied
utilities and facilities and other physical things and conditions essential to
ensure that structures are safe and sanitary and fit for occupation and use. The officer or employee appointed to be in
charge of said Division shall be know as the Deputy Code Official-Property
Maintenance Division, who shall have powers and responsibilities as delegated
by the Code Official or as otherwise provided by the law.
(b) Building
Safety Division: The Building Safety
Division is hereby established for the purpose of enforcement of the building,
plumbing and electrical codes, ordinance and other regulations governing the
design, construction, quality of materials, erection, installation, alteration,
repair, location, relocation, replacement, and the issuance of permits and
collection of fees therefore. The
officer or employee appointed to be in charge of said Division, who shall have
powers and responsibilities as delegated by the Code Official or as otherwise
provided by law.
(c) Planning
& Zoning Division: The Planning
& Zoning Division is hereby established for the purpose of enforcement of
the zoning and subdivision codes, ordinances and other regulations governing
the development, construction, enlargement, alteration, conversion, occupancy,
use, height, placement, spacing, size and area of all buildings, structures and
lots; and, standards and procedures for the subdivision of land. The officer or employee appointed to be in
charge of said Division shall be known as the City Planner, who shall have
powers and responsibilities as delegated by the Code Official or as otherwise
provided by law.
The Director of Building and Zoning-Code
Enforcement Department provided for in this Article shall be subject to the
jurisdiction of and shall report to the City of Kankakee Fire Chief. (Ord. No.
83-26, Sec. 2,
ARTICLE XVI. CODE OF CONDUCT FOR CITY COUNCIL MEMBERS
Sec. 2-220. General
Conduct for Members of City Council
1.1 Each City Council
Member has an equal vote. No City Council Member has more power than any other
City Council Member.
1.2 All Members of City
Council shall be treated with equal respect.
1.3 All Members of City
Council shall fully participate in City Council meetings and other public
forums and while doing so shall demonstrate respect, kindness, consideration,
and courtesy to others.
1.4 All Members of City
Council shall prepare in advance of Council meetings and be familiar with
issues on the agenda.
1.5 All Members of City
Council shall be respectful of other peoples time, stay focused and act efficiently
during public meetings.
1.6 All Members of City
Council shall serve as a model of leadership and civility to the community.
1.7 All Members of City
Council shall work and strive to inspire public confidence in
1.8 All Members of City
Council shall demonstrate honesty and integrity in every action and statement.
1.9 All Members of City
Council shall participate in scheduled activities to increase team
effectiveness and review Council procedures, such as this Code of Conduct.
2.0 Meeting Chair
2.1 The Mayor will chair
official meetings of the City Council.
In the event of the absence of the Mayor, the City Council Member with
the most seniority of time in service on the City Council shall preside over
the meeting. The Chairperson of any City
Council committee shall preside over the meeting of that committee. In the event of the absence of the
chairperson, the Vice-Chairperson shall preside over the committee meeting. In the event of the absence of both the Chairperson and Vice-Chairperson, the City Council
Member present who is a member of that committee with the most seniority on the
City council shall preside over the meeting.
2.2 The presiding
officer shall maintain order, decorum, and the fair and equitable treatment of
all speakers
2.3 The presiding
officer shall keep discussion and questions focused on the specific agenda item
under consideration.
2.4 The presiding
officer shall make parliamentary rulings with advice, if requested, from the
Corporation Counsel who shall act as an advisory parliamentarian. Chair rulings
may be overturned if a City Council Member makes a motion as an individual and
the majority of the Council votes to overrule the Chair.
3.0 Policies
& Protocol Related To Conduct
3.1 Ceremonial Events
3.10 Requests for a City representative at ceremonial events shall be
handled by the Office of the Mayor. The Mayor will serve as the designated City
representative. If the Mayor is unavailable, then the Mayor shall determine if
event organizers would like another representative from the Council. If yes,
then the Mayor shall designate a City Council Member to serve as a substitute.
3.2 Correspondence /
Signatures
3.20 Members of City
Council do not need to acknowledge the receipt of correspondence, or copies of
correspondence, during Council meetings. City staff will prepare official
letters in response to public inquiries and concerns. These letters will carry
the signature of the Mayor unless the Mayor requests that they be signed by a
City Council Member or City staff. If correspondence is addressed only to one
City Council Member that City Council Member shall consult with the Mayor or a
Department Head regarding the best way to respond to the sender.
3.3 Endorsement of
Candidates
3.30 Members of City
Council have the right to endorse candidates for all Council seats or other
elected offices. No City Council Member shall make reference to endorsements
during Council meetings or other official City meetings.
3.4 Non-agenda Items
3.4.-1 During a
designated period of the agenda, citizens, Members of City Council and staff
may bring forth issues or questions that are not on the meetings agenda. Any
issue brought forth which is not on the meeting agenda shall not be considered
for action until it is legally placed on the agenda for action. Topics should be legislative items requiring
action by the Mayor or the Council, study issues for future consideration, and
requests for information. Each speaker, citizen or elected official, will be
limited to ten minutes.
3.4-2 Public
Announcements in Council Meetings
Members of City Council
who want to speak first during the City Council Member Comment portion of the
Council meeting should notify the Chair in advance. Otherwise, Members of City
Council will be recognized when the Chair determines. Members of City Council
who use this portion of the agenda to recognize achievements or promote an
event, will be limited to three minutes each, and should keep the focus on
matters of community-wide interest.
3.4-30 Public Meeting
Hearing Protocol
3.4.-31 The applicant or appellant at any public hearing meeting
shall have the right to speak first. The Chair will determine the length of
time allowed for this presentation.
3.4-32 Speakers representing
either pro or con points of view will be allowed to follow. Any speaker may be cross-examined by an
opponent of that persons point of view.
Any speaker shall have the opportunity to present his or her point of
view and be subject to cross-examination.
The Chair will determine how much time will be allowed for each speaker
with 3 to 5 minutes the standard time granted.
3.4.-33 The applicant or appellant will be allowed to make closing comments.
The Chair has the responsibility to run an efficient public meeting and has the
discretion to modify the public hearing process in order to make the meeting
run smoothly.
3.4.-34 Members of City
Council shall not express opinions during a public hearing portion of the
meeting except to ask pertinent questions of the speaker or staff. "I
think" and "I feel" comments by Members of City Council are not
appropriate until after the close of the public hearing.
3.4-35 Members of City
Council shall refrain from arguing or debating with the public during a public
hearing and shall always show respect for different points of view.
3.4-36 During a Council
or Committee meeting main motions may be followed by amendments, followed by
substitute motions.
3.4-37 Any City Council
Member may call for a point of order during any council or committee meeting.
3.4-38 Only Members of City Council who voted on the prevailing
side may make motions to reconsider.
3.4-39 Members of City
Council who desire to make the first motion on issues which they feel strongly
about shall discuss their intention with the Chair in advance of the Council
meeting.
4.0 Council Conduct with One Another
4.1 Use formal titles -
The City Council Member shall refer to one another formally during public
meetings as Mayor, Clerk or City Council Member followed by the individuals
last name.
4.2 Members of City
Council shall practice civility and decorum in discussions and debate
4.2-1 Members of City
Council shall not make belligerent, personal, impertinent, slanderous,
threatening, abusive, or disparaging comments. No shouting or physical actions
that could be construed as threatening shall be tolerated, during public
meetings.
4.2-2 Members of City
Council shall honor efforts by the Chair to focus discussion on current agenda
items. If there is disagreement about the agenda or the Chairs actions, those
objections shall be voiced politely and with reason, following procedures
outlined in parliamentary procedure.
4.2-3 Members of City Council
shall avoid personal comments that could offend other Members of City
Council. If a City Council Member is
personally offended by the remarks of another City Council Member, the offended
City Council Member shall make notes of the actual words used and call for a
"point of personal privilege" that challenges the other City Council
Member to justify or apologize for the language used. The Chair shall maintain
control of this discussion.
4.2-4 Members of City Council
shall demonstrate effective problem-solving approaches. Members of City Council shall use the public
forum as examples for those with disparate views to find common ground and seek
compromise in order to benefit the community as a whole, whenever possible.
4.2-5 City Council
Members shall continue respectful behavior in private encounters occurring
before after or between meetings.
4.2-6 Members of City
Council shall be aware of the insecurity of written notes, voicemail messages,
and e-mail and the public nature of all Members of City Council do in
furtherance of their official duties.
City Council Members shall avoid use of written or oral communications
which are not appropriate for public distribution.
4.2-8 Members of City
Council shall assure that all distracting electronic devices such as cell
phones, pagers or beepers shall be turned off during any public meeting.
5.0 Council Conduct
with City Staff
5.1 Members of City
Council shall treat all City staff as professionals
5.1-2 Requests for
follow-up or directions to staff should be made only through the Office of
Mayor or Corporation Counsel when appropriate. When in doubt about what staff
contact is appropriate, City Council Members shall seek direction from the
Office of Mayor. Materials supplied to a City Council Member in response to a
request shall be made available to all members of the Council so that all have
equal access to information.
5.1-3 It is appropriate
for City Council Member to contact any member of staff, including the Mayor and
Corporation Counsel for a question and/or inquiry regarding a City related
matter or information that is readily available, so long as the item in question
falls under the purview of that staff member and it is with the approval of
either the Mayor or Corporation Counsel. City staff may respond to routine City
Council Members requests for easily retrievable information so long as the
request for information does not require staff to discuss or express an opinion
regarding the issue, nor involve additional research.
5.1-4 A City Council
Member has the right to make an inquiry regarding operations in order to better
understand current or future policy implications. Staffs responses to
operational or policy questions raised outside of normal business hours should
be expected no earlier than the next business day. Moreover, any question
concerning ongoing operations cannot be answered until it is safe and practical
to do so and does not jeopardize operational integrity. Staff shall provide copies to all Members of
City Council, the Mayor and the affected Department Head, of the response or
information supplied to a City Council Member.
5.2 Staff contacts/meetings
5.2-1 Any request for a
meeting with staff must be directed to the Mayor or Corporation Counsel as
appropriate. The Mayor is responsible for distributing such requests to the
appropriate departmental staff for follow up. Except during emergencies, any
City Council Members contact or meeting with staff must be conducted during
the Citys hours of operation. If the City Council Member is not sure if a
situation meets the definition of an emergency for this purpose, the City
Council Member should first contact the Mayor. If the Mayor is not reachable or
available, the Council Member should contact the Corporation Counsel or
appropriate Department Head prior to any meeting.
5.2-2 It shall be inappropriate
for any staff member to meet with a City Council Member regarding any matter
involving city business without first informing that persons supervisor,
Department Head or Mayor, as appropriate.
5.2-3 Members of City
Council shall not disrupt City staff while they are in meetings, on the phone,
or engrossed in performing their job functions in order to have their
individual needs met.
5.2-4 Members of City
Council shall not express concerns about the performance of a City employee in
public, to the employee directly.
Comments about staff performance should only be made to the Mayor
through private correspondence or conversation. Comments about staff in the
office of the Corporation Counsel shall be made directly to the Corporation
Counsel.
5.2-5 Members of City
Council shall not attempt to influence City staff on the making of
appointments, awarding of contracts, selecting of consultants, processing of
development applications, or granting of City licenses and permits.
5.2-6 Before
sending correspondence, Members of City Council shall determine by checking
with City staff to ascertain if an official City response has already been sent
or is in progress.
5.2-7 Members of City
Council shall not attend meetings with City staff unless requested by staff or
without prior notice to staff.
5.2-8 Members of City
Council shall not present requests for staff support, even in high priority or
emergency situations without first requesting such support from the Office of
the Mayor.
5..2-9 Members of City
Council shall not make requests for copies of records or information for staff
when such information is not sought for purposes related to the formulation of
city policy but is sought for the personal purposes.
5.3 Solicitation of political support from staff
5.3-1 Members of City
Council shall not solicit any type of political support (financial
contributions, display of posters or lawn signs, name on support list, etc.)
from City staff. City staff may, as private citizens with constitutional
rights, support political candidates but all such activities must be done away
from the workplace.
5.4 Interference with Employment Activities
5.4-1 Members of City
Council shall, at no time, interfere with any staff person while that staff
person is engaged in the course of the duties required of the staff. Members of City Council shall at no time,
while a staff person is engaged in the duties required of the staff, make any
comments to any third person regarding the staff person, nor shall the City
Council Member suggest that any third person does not or is not required to
conform to the requirements of the staff person.
5.4-2 Members of City
Council shall take no action which will in any way impair the safety of any staff
person or the family of the staff person.
5.4-3 Members of City
Council shall not reveal any personal information regarding any staff person
including the staff persons home address, phone number or any other personal
information or that of the staff persons family.
6.0 Council Conduct with
the Public
6.1-1 Members of City
Council shall exhibit no signs of partiality, prejudice or disrespect toward an
individual participating in a public forum. Every effort should be made to be
fair and impartial in listening to public testimony.
6.1-2 Members of City Council shall be fair and
equitable in allocating public hearing time to individual speakers.
6.1-3 If many speakers
are anticipated, the Chair may shorten the time limit and/or ask speakers to
limit themselves to new information and points of view not already covered by
previous speakers.
6.1-4 No speaker will be
turned away unless he or she exhibits inappropriate behavior.
6.1-5 Each speaker may
only speak once during any public hearing unless the Council requests
additional clarification later in the process. After the close of the public
hearing, no more public testimony will be accepted unless the Chair reopens the
public hearing for a limited and specific purpose.
6.1-6 A City Council Member
may ask for clarification, but shall avoid debate and argument with the public.
6.1-7 Only the Chair
not individual Members of City Council can interrupt a speaker during a
presentation. However, a City Council
Member may ask the Chair for a point of order if the speaker is off the topic
or exhibiting behavior or language the City Council Member finds disturbing.
6.1-8 If speakers become
flustered or defensive by Council questions, it is the responsibility of the
Chair to calm and focus the speaker and to maintain the order and decorum of
the meeting.
6.1-9 Questions by
Members of City Council to members of the public testifying shall seek to
clarify or expand information. It is never appropriate to belligerently
challenge or belittle the speaker.
6.1-10 The personal opinions or inclinations of a City Council
Member about upcoming votes shall not be revealed until after the public
hearing is closed.
6.1-11 No City Council Member
shall engage in personal attacks of any kind, under any circumstance.
6.1-12
6.1-13 A City Council
Member shall make no promises on behalf of the City or City Council other than
those representations based upon adopted existing city policy.
6.1-14 Members of City
Council shall make no personal comments about other Members of City Council including
any derogatory comments about other Members of City Council, their opinions and
actions.
7.0 Council Conduct with Other Public Agencies
7.1-1 A City Council
Member shall be clear when representing the city or when representing the City
Council Members personal interests. If
a City Council Member appears before another governmental agency or
organization to give a statement on an issue, the City Council Member must
clearly state: 1) if his or her statement reflects personal opinion or is the official
stance of the City; 2) whether this is the majority or minority opinion of the
Council.
7.1-2 If the City
Council Member is representing the City, the City Council Member must support
and advocate the official City position on an issue, not a personal viewpoint.
7.1-3 If the City
Council Member is representing another organization whose position is different
from the City, the City Council Member shall withdraw from voting on the issue
if it significantly impacts or is detrimental to the Citys interest.
7.1-4 Members of City
Council shall clearly identify which organizations they represent and inform
the Mayor and Council of their involvement.
7.1-5 All Members of
City Council shall assure that any correspondence sent over their signature
shall clear regarding any representations contained therein.
7.1-8 In the event that
any City Council Member uses City letterhead to express a personal opinion, the
City Council Member shall identify the opinion as that solely of the City
Council Member and the official City position on the issue discussed in the
correspondence must be stated clearly so the reader understands the difference
between the official City position and the personal viewpoint of the City
Council Member.
8.0 Council Conduct with Boards and Commissions
8.1-1 If attending a
Board or Commission meeting, a City Council Member shall express only personal
opinions and shall not appear for the purpose of opining on city policy.
8.1-2 Members of City Council shall be sensitive
to the way their participation, especially if it is on behalf of an individual,
business or developer -- could be viewed as unfairly affecting the process. Any
public comments by a City Council Member at a Board or Commission meeting
should be clearly made as individual opinion and not a representation of the
feelings of the entire City Council.
8.1-3 A City Council
Member shall not contact any Board and Commission members to lobby on behalf of
an individual, business or developer. A
City Council Member may express personal support of the position of the
individual or entity, but the City Council Member must clearly state that the
position is one of that individual City Council Member only. It is acceptable for Members of City Council
to contact Board or Commission members in order to seek clarification of a
position taken by the Board or Commission.
8.1-4 No City Council
Member may threaten any Board or Commission Board member.
8.1-6 Members of City
Council shall be fair and respectful of all citizens serving on Boards and
Commissions and treat such citizens with respect and dignity
8.1-7 The position of a member of a Board or
Commission shall not be used for the purpose of advocating political support of
Members of City Council. Conversely,
Members of City Council may support Board and Commission members who are running
for office, but not in an official forum in their capacity as a City Council
Member.
8.1-7 Inappropriate
behavior by a Board or Commission member should be noted to the Mayor, and the
Mayor should counsel the offending member. If inappropriate behavior continues,
the Mayor should bring the situation to the attention of the Council and the
individual is subject to removal from the Board or Commission upon a 2/3 vote
of the Council.
9.0 Council Conduct with the Media
9.1 The Mayor is the official spokesperson for
the representative on City position.
The Mayor is the
designated representative of the Council to present and speak on the official
City position. If an individual City Council Member is contacted by the media,
the City Council Member shall be clear about whether their comments represent
the official City position or a personal viewpoint.
9.2 No City Council
Member is authorized to provide any information regarding any city employee to
the media.
10.0 Sanctions
10.1 Members of Public
10.1 Members of the
public who do not follow proper conduct after a warning in a public hearing may
be barred from further testimony at that meeting or removed from the Council
Chambers.
10.2 Staff Members
10.2 City Council Member
should refer to the Mayor or Corporation Counsel any City staff who do not follow proper conduct in their dealings with City
Council Member, other City staff, or the public. These employees may be
disciplined in accordance with standard City procedures for such actions.
10.3 City Council Member
10.3-1 Members of City
Council who intentionally and repeatedly do not follow proper conduct may be
punished by any of the following methods:
Reprimand
Formal Censure
Loss of Seniority
Expulsion for individual meetings with loss of salary
10.3-2 Such conduct may
result in the imposition of any of the above sanctions without regard to prior
sanctions based upon the seriousness of the misconduct. Such misconduct may result in any other
lawful sanctions as deemed appropriate by Council.
10.3-4 Members of City Council shall inform the
offending City Council Member of infractions of the Code of Ethics or Code of
Conduct. If the offenses continue, then the matter shall be brought to the
attention of the City Council during Executive Session to discuss
personnel. Following such a session, the
Council may determine the necessity of proceeding with the filing of charges
for the infractions.
10.3-5 The Council may
vote to conduct an investigation and hearing for the purposes of processing
such charges. The Council shall have the
right to employ outside counsel, if it deems it necessary and advisable for the
purpose of such an investigation and hearing.
10.3-6 Upon a majority vote
that charges should be filed, the Council shall request the Corporation Counsel
or Independent Counsel to prepare charges and to investigate and prosecute
10.3-7 Upon the filing
of formal charges, the Council shall conduct a hearing on said charges. It may appoint a hearing officer to preside
over said hearing.
10.3-8 Alternatively the Council may request the Mayor to appoint
an ad hoc subcommittee, whose members the Council shall formally approve and
review the allegations. The ad hoc
committee may conduct an investigation and shall report its findings to the
Council. The Committee shall recommend
sanction options for Council consideration.
10.3-9 Upon a majority
vote, the Council shall conduct a hearing regarding the charges suggested by
the ad hoc committee in the same manner as described above. Following a hearing
of the charges or a hearing of any allegations suggested by the
Ad Hoc Committee, the
Council shall determine by majority vote if the charges are sustained.
10.3-10 At any hearing held
upon the filing of alleged violations of this Code of Conduct, the City Council
Member against whom the allegations are made shall have the right to have
counsel and to cross-examine any witnesses and to present evidence on behalf of
that City Council Members response to the charges.
10.3-11 Strict Rules of
evidence shall not apply to any hearing held under these proceedings. Hearsay may be admissible at any such hearing
upon the determination of the Hearing Officer or the person presiding over said
hearing of the reliability of said evidence.
10.3-12 In the event that the Council determines that the Charges
are sustained, the Council shall consider appropriate sanctions. The Council may impose any sanction by a
majority vote.
ARTICLE XVII. CODE OF ETHICS
Sec. 2-221. Policy and Purpose.
The purpose of the Division is to
establish ethical standards of conduct for City officials and City employees by
setting forth those acts or actions that are incompatible with the best
interest of the City. By eliminating
conflicts of interest and providing a guide for conduct in City matters, the
City Council hopes to promote faith and confidence of the citizens in their
government.
It is essential to the proper operation of
democratic government that public officials and employees be independent and
impartial; that governmental decisions and policy be made through proper
channels; that public office not be used for private gain; and that there be
public confidence in the integrity of government. Public officials and employees must serve
their government in a fiduciary capacity and must not bestow special
consideration upon any person merely because of that person's relationship to
an officials or employee. The attainment
of these ends is impaired wherever there exist conflict between the private
interests and public official or employee and his or her duties as such. The public interest therefore requires that
the law protect against such conflicts of interest and establish appropriate
ethical standards with respect or the conduct of elected officials and
government employees in situations where conflicts exists, as well as in
situations where conflicts might develop.
It is also essential to the proper
operation of government that those best qualified be encouraged to serve the
government. Accordingly, legal
safeguards against conflicts of interest must be so designed as not to
unnecessarily or unreasonably impede the recruitment and retention by the
government of those persons who are best qualified to serve it. The right of each official and employee to
privacy in his or her financial affairs must not, therefore, be limited beyond
that disclosure necessary to ensure the integrity of government. Moreover, because an essential principal
underlying the staffing of our government is that its officials and employees
should not be denied the opportunity available to all other citizens to acquire
and retain private economic and other interests, such opportunity should not be
limited unless it conflicts with the responsibility of such officials and
employees to the public cannot be avoided.
Sec. 2-222. Definitions.
As used throughout this Article, the
following terms shall have the following meanings ascribed to them:
(a) Officials or employees: Any person, officer, or employee holding a
position by election, appointment, or employment in the service of the City of
(b) Financial Interest: Any material, direct or indirect, benefit
accruing to a public official or employee or such person's family members,
whether in the public official's or employee's own name or the name of any
person, firm, corporation, association, or trust from which the official or
employee is entitled to receive any financial benefit, as a result of a
contract or transaction which is or which is known will become the subject of
an official act or action by or with the City of Kankakee, except for such
contracts or transactions which by the terms and by the substance of their
provisions confer the opportunity and right to realize the accrual of similar
benefits to all other citizens of the City and except that benefits accruing to
any business entity which has its stock publicly traded and in which a public
official's or employee's only interest is an ownership of less than one-half of
one percent in such publicly traded stock shall not be deemed to be benefits
accruing to such public official or employee.
Notwithstanding anything to the contrary, any interest permitted or
prohibited under Section
(c) Compensation: Any money, thing of value
or other pecuniary benefit received or to be received in return for, or in
reimbursement for services rendered or to be rendered.
(d) Person:
Any individual, entity, corporation, proprietorship, partnership, firm,
association, trade union, trust, estate or group, as well as any parent, or
subsidiary of any of the foregoing entities, whether or not operated for
profit.
(e) Confidential or Privileged
Information: Public records and
information exempt from inspection and copying under any provision of Section 7
of the Illinois Freedom of Information Act, Ill. Rev. Stat., Ch 116, Sec. 201 et
seq., or any other applicable law or ordinance, and any matter or
information properly the subject of a closed meeting or session pursuant to
section 2 of the Illinois Open Meetings Act, Ill. Rev. Stat., Ch. 102, Sec. 41 et
seq.
(f) The terms "contribution,"
"candidate," and "authorized political committee" as used
herein shall be defined as provided in Chapter 46, Article 9 of the
"Illinois Election Code."
(a) Interest in City Business
(1) No official or employee shall have a
financial interest in his or her own name or in the name of any other person in
any contract, work, or business of the City of
(2) The foregoing notwithstanding, this provision
shall not prohibit an official or employee from having a financial interest in
any contract, work, or business of the City of Kankakee if such interest is
permitted under the Illinois Corrupt Practices Act. Illinois Municipal Code, Ill. Rev. Stat., Ch.
24, Section
(b) Employment of Relatives - Restrictions
(1) For purposes of this section, the
following terms shall have the following meanings:
(I) Agency:
The City Council, any City Council Committee, or subdivision thereof, as
well as any City Department, agency, commission, board, or other body.
(II) Official or employee: Any official or employee, as defined in
Section 2-221, and any other person, with the authority by law, rule,
regulation, delegation, custom, or otherwise, to appoint, employ, promote, or
advance persons, or to recommend persons for appointment, employment,
promotion, or advancement in connection with employment in any agency.
(III)
Relative (family member): Any person who is related to an official or
employee as father, mother, son, daughter, brother, sister, uncle, aunt, first
cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law,
stepfather, stepmother, stepson, stepbrother, stepsister, half-brother or
half-sister.
(IV) Employ:
Hire, appoint, promote, advance transfer, or in any other manner
establish or alter the employment status of any person.
(2) No official or employee shall employ or
advocate for employment in any agency over which that official or employee
exercise jurisdiction or control any person
(i)
who is a
relative of that official or employee, or
(ii)
in
exchange for or in consideration of the employment of any of that official's or
employee's relatives by any other official or employee.
(3) Any person employed after the enactment
of this ordinance and in violation of this section is not entitled to
compensation, and money may not be paid from the City Treasury as compensation
to an individual so employed.
(4) Nothing in this section shall preclude a
family member of any official or employee from rendering services to the City
on a volunteer, uncompensated basis; however such family member shall not be eligible for appointment to a
City agency.
(c) Campaign Contributions: No person who, in his or her own name or in
the name of any other person, who has a financial interest in, or who has bid
upon any contract, work, or business of the City of Kankakee within the
preceding four years, shall make any contribution to any candidate for office
of the City of Kankakee, or to any official of the City of Kankakee who is
seeking election to any other office in an aggregate amount exceeding $1,500.00
for all such contributions to that candidate or official during a single
candidacy. For purposes of the Division,
candidacies for primary and general elections shall be deemed separate and
distinct candidacies. A candidate for office is any person who seeks nomination
for election, re-election, or retention in office by taking the action
necessary under the laws of this State to attempt to qualify for nomination for
election, re-election, or retention in office or by receiving contributions or
making expenditure, or giving consent for any other person to receive
contributions or make expenditures, with a view to bringing about his
nomination for election or retention in such office. For purposes of this section, all
contributions to a candidate's authorized political committees shall constitute
contributions to a candidate.
(d) Solicitation of Contributions: No person shall compel, coerce, or intimidate
any official or employee of the City of
(a) Fiduciary Duty. Officials and employees shall at all times in
the performance of their public duties owe a fiduciary duty to the City of
(b) Improper Influence. No official or employee shall make,
participate in making, or in any way attempt to use his or her position to
influence any governmental decision or action which he or she knows or has
reason to know that he or she has a financial interest. An official or employee has a financial
interest in a governmental decision or action when it is reasonably foreseeable
that said decision or action will have a material effect on that official or
employee distinguishable from its effect on the public generally.
(c) Offering,
Receiving, and Soliciting Gifts, Favors.
(1) No person shall give or offer to give to
any official or employee or his or her spouse or minor child, and none of the
forenamed shall solicit accept anything of value, including, but not limited
to, a gift, favor, service or promise of future employment, based upon any
understanding, either explicit or implicit, that the votes, official actions,
decisions or judgments of any official or employee would be influenced thereby.
(2) No
person shall give to any official or employee or his or her spouse or minor
child, and no official or employee or his or her spouse or minor child shall
solicit or accept any anonymous gifts, favor, services or other thing of value.
(3) Any gift or other thing of value
received in violation of the provision of this section shall be returned to the
person offering it. If that person is
unknown or cannot be located, then the gift or item shall be turned over to the
Comptroller to be held in trust for the citizens of the City of
(4) Except as prohibited above, nothing in
this Section shall prohibit any person from giving or receiving:
(i) an award publicly presented in recognition of public
service:
(ii)
commercially
reasonable loans made in the ordinary course of the lender's business;
(iii)
political
contributions, provided they are reported to the extent required by law; or
(iv)
reasonable
hosting, including travel and expenses, entertainment, meals or refreshments
furnished in connection with public events, appearances or ceremonies related
to official City business, if furnished by the sponsor of such public event.
(5) Any official or employee who receives
any gift or money for participating in the course of his public employment in
speaking engagements, lectures, debates, or organized discussion forums shall
report it to the City Clerk within five business days.
(d) Solicitation or Receipt of Money for
Advice or Assistance. No official or
employee or his or her spouse or minor child shall solicit or accept any money
or other thing of value including, but not limited to, gifts, favors, services,
or promise of future employment in return for advice or assistance on matter
concerning the operation or business of the City of
(e) Use or Disclosure of Confidential
Information. No current or former public
official or employee shall use or disclose, other than in the performance of
his official duties and responsibilities, confidential, privileged, or other
non-public information gained in the course of or by reason of his or her
position or employment.
(f) Regulation of Business with which
Official or employee is associated.
Whenever the City Council or a committee or other subdivision thereof,
or any City Department, agency or board, commission, or any other body,
undertakes consideration of any matter in which one of its members or employees
has a financial interest, that member or employee shall refrain from all
official activity regarding such matter and shall publicly state the nature and
extent of his or her interest in the matter during any deliberation
thereon. However, such an interested
member or employee shall be considered present for purposes of establishing a
quorum.
(g) Drug Testing. Each elected official shall on two separate
occasions each fiscal year, have a drug test performed at one of the hospitals
with the results to be released to the official and to the Mayor of the City of
Kankakee. If the results of any test are
positive, the results and any remedial action will be discussed with and
referred only to the City personnel officer.
(h) Post-employment Restrictions. No person, having been an official or
employee of the City of Kankakee, may represent any other person for compensation,
before the City Council or a committee or other subdivision thereof, or before
any City department, agency, board or commission, or in any court of law, in
connection with any judicial or other proceeding, application, request for a
ruling or other determination, contract, claim, controversy, investigation,
charge, accusation or other particular matter involving a specific party or
parties, in which the City of Kankakee is a party or has a direct and
substantial interest, and in which that person participated personally and
substantially during his or her term of office or employment or in which that
person acquired confidential or other non-public information.
(i) Contact
with Developers. Any member of the City
Council or member of any board or commission having final or advisory
jurisdiction over any development or land use issue shall comply with the
following procedure when he or she is contacted in his or her capacity as a
City official by a developer who is proposing a development or redevelopment
requiring City approval:
(1) If a formal petition has not been filed
or the formal review process has not yet been initiated:
(i) The
contacted member shall refer the developer to the appropriate staff member who
is assigned to review the type of development proposed by the developer.
(ii)
If the contacted member desires to
be involved in a meeting or telephone conference with the developer regarding
the proposed development, that member may meet with the developer provided that
an appropriate staff member is present at the meeting or is a party to the
telephone conference.
(2) If a formal petition has been filed or
the formal review process has been initiated:
(i) The
contacted member shall inform the developer that because an application has
been filed or the formal review process has begun, all
contacts between developer and the contacted member shall be limited to
contacts at official meetings or at review sessions which occur during the
formal review process.
(ii) Notwithstanding the provisions of
subsection (2) (i) if the developer informs the
contacted member that a problem has arisen between the developer and a staff
member relative to the proposed development, the contacted member may (A)
listen to the problem, (B) relay the problem to the appropriate staff member,
and either schedule a meeting between the developer and the Comptroller or the
appropriate staff member to contact the developer. The contacted member may attend a meeting
which he or she schedules pursuant to this subsection provided an appropriate
staff member is present at the meeting.
Any official or employee required to file
a financial disclosure statement pursuant to Illinois Governmental Ethics Act,
as amended, shall, at the time the statement is filed with the
(a) Disciplinary Action. A finding that any public official or employee
has violated any provisions of this ordinance shall constitute a cause for
reprimand, censure, suspension, removal from office or employment, or other
disciplinary action as may be appropriate; provided, however, that no such
finding shall be made except after all process due under applicable federal,
state, or local law is taken.
(b) Fines.
Any person found guilty of violating the provisions of this ordinance
shall be subject to prosecution in a court of competent jurisdiction and fined
not more than $500.00 for each such offense; provided this provision shall not
be deemed to be a limitation on any act or omission punishable as an offense
under the Illinois Criminal Code.
(c) Reconsideration of Transaction. Any transaction which was the subject of an
official act or action of the City in which any public official or employee has
an interest prohibited by this ordinance, or which involved the violation of a
provision of this ordinance, shall be officially reconsidered upon discovery,
disclosure, or determination of such interest or violation.
(d) Powers and Duties. The City Council shall have the following
powers and duties regarding violations of this ordinance by members of the City
Council including the Mayor, and all officials appointed by the Mayor and City
Council to any agency, board, committee, commission, or other administrative
body: including, but not limited to, the decision to take disciplinary action
as outlined in Sec. 2-225 (a) above.
(1) To initiate and to receive complaints of
violations of any of the provisions of this ordinance and to investigate and
act upon such complaints as provided by this ordinance or other applicable law.
(2) To conduct investigations, inquiries,
and hearings concerning any matter covered by this ordinance, and to certify
the records in such proceedings, and to request the issuance of a subpoena in
accordance with
(3) To promulgate rules for the conduct of investigatory proceeding, including procedural rules
consistent with the requirements of due process of law.
(4) To render advisory opinions with respect
to the provisions of this ordinance based upon a real or hypothetical set of
circumstances, when requested in writing by an official or employee, or by a
person who is personally and directly involved. Advisory opinions shall be made available to
the public, but the identity of the person requesting the opinion and of any
person whose conduct is involved in the set of circumstances described in the
request for opinion shall be confidential.
(e) Disgorging Corporate
Sec. 2-227. Disclosure of Interest.
(a) Whenever any official or employee has an
ownership, employment, financial, or family interest in a proposed contract,
business, or transaction with the City which interest is allowed under Sec.
2-223, such official or employee shall file with the City Clerk a written
disclosure of interest statement on the Disclosure of Interest form.
(b) Such written disclosure of interest
statement shall be filed with the City Clerk not later than the call to order
of the meeting at which action is contemplated or, when there is no such meeting,
within 48 hours of the official's or employee's learning of an interest allowed
under Section 2-223. (Ord. 93-23;
Sec. 2-227.01. Adoption of Act.
The State Gift Ban Act, 5 ILCS 425 et seq, is hereby adopted as
required by Section 83 of said Act.
The solicitation or the acceptance of
gifts prohibited to be solicited or accepted under said Act is prohibited by
any elected or appointed official or any employee of the City of
Sec. 2-227.02. Ethics Officer.
To the extent authorized by law and to
the extent required by Section 35 of said Act, the Mayor of the City of
Sec. 2-227.03. State Legislative Ethics Commission Complaints.
All complaints for violations of the Act
and this Ordinance shall be filed with the State legislative ethics commission
created by Section 45(a)(6) of said Act.
Sec. 2-227.04. Existing Ethics Ordinance or Gift Ban Ordinance.
This Ordinance does not repeal or
otherwise amend or modify Article XVI, Section 2-221 through and including
Section 2-227 of the Municipal Code of the City of
Sec. 2-227.05. Future Amendments to the State Gift Ban Act.
Any amendment to the State Gift Ban Act,
5 ILCS 425/1 et seq that
becomes effective after the passage of this Ordinance shall be incorporated
into this Ordinance by reference and shall be applicable to the solicitation
and acceptance of gifts. However, any
amendment that makes its provisions optional for adoption by municipalities
shall not be incorporated into this Ordinance by reference without formal
action by the corporate authorities of the City of
Sec. 2-227.06. Future Declaration of
Unconstitutionality of State Gift Ban Act.
If the Illinois Supreme Court declares
the State Gift Ban Act, 5 ILCS 425/1 et seq, unconstitutional
in its entirety, then this Ordinance shall be repealed as of the date that the
Supreme Court's decision becomes final and not subject to any further appeals
or rehearings.
The Ordinance shall be deemed repealed without further action by the
corporate authorities of the City of
If the Illinois Supreme Court declares
part of the State Gift Ban Act, 5 ILCS 425/1 et seq,
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 Ordinance, shall remain in full force and effect however, that
part of this Ordinance relating to the part of the Act found unconstitutional
shall be deemed repealed without further action by the corporate authorities of
the City. (Ord. No. 99-55, Sec. 1,
ARTICLE
XVII. SOCIAL SERVICES.
Sec. 2-228. Creation of Department of Social services.
There is hereby created an executive
department to be known as the Social Services Department.
Sec. 2-229. Responsibility and Scope of Director of Social Services.
(a) The Social Services Department shall be
responsible for providing social services to the residents of the City of
(1) assisting
victims of crime
(2) referrals to
other social service agencies
(3) advocacy for
victims of crime
(4) mediation of
neighborhood disputes
(5) mediation of
post-divorce controversies
(6) crisis intervention
(7) assisting with
crime victims compensation claims
(8) supervising
court monitoring program.
(9) conducting
Parenting class for families undergoing dissolution of marriage.
(b) Other social services may be provided at
the direction of the Director of the Department of Social services.
Sec. 2-230. Personnel.
The head of the Social
Service department shall have the title "DIRECTOR OF SOCIAL SERVICES"
and shall be appointed by the Mayor, subject to the approval of the City
Council.
Sec. 2-231. Reports to City Council.
The Director of Social Services shall
report on the activities of the Department to the City Council from time to
time as shall be required by filing such reports with the chairman of the
Police and Fire committee as required.
(Ord. No. 99-50, Sec. 2-228 - 2-231,
ARTICLE
XVII.
BOARD OF LOCAL IMPROVEMENTS
Sec. 2-232 Board of Local Improvements; established;
meeting
A Board of Local Improvements is hereby
created consisting of the Mayor and the City Engineer. In the event that the
Mayor is unable to serve, his place shall be taken by the most senior
alderman. The Board shall meet on or
before
State Law reference 65 ILCS 5/9-2-7
ARTICLE XIX- CITY
INSPECTOR
Sec. 2-240 City Inspector; established; appointment.
There is hereby established the office of
City Inspector. The City Inspector shall
be appointed by the Mayor with the advice and consent of the City Council.
Sec. 2-241 City Inspector; duties.
The City Inspector shall be a conservator
of the peace and shall have the following powers and duties:
(1) to perform
routine investigations of complaints by citizens against City employees;
(2) to conduct
performance audits of City functions to assure integrity of processes used by
each agency;
(3) to prepare
reports of audits and investigations for the Mayor and for department heads;
(4) to maintain
files of investigations and audits;
(5) to provide
responses to citizens regarding the results of investigations in which they are
directly involved;
(6) to confer with
the Mayor and department heads to make recommendations regarding remedial
actions;
(7) to meet with
individual citizens and groups regarding a complaint process;
(8) to establish a
complaint process for citizens complaints regarding City employees;
(9) to identify
training needs as a result of investigation or audit;
(10) to provide investigative
assistance to the law department.
(11) such other
related duties as directed by the Mayor, corporation counsel or Chief of Police
or fire chief.
Sec. 2-242 City Inspector - Removal from office;
compensation.
The City Inspector shall serve at the
discretion of the Mayor and may be removed from office at the will of the
Mayor. The City Inspector shall receive
such compensation for his or her services as determined by the corporate
authorities. The City Inspector may be
appointed as a part-time position.
Sec. 2-243 City Inspector - Qualifications.
The City Inspector shall be a resident of
the City of
Sec. 2-244 Bond for City Inspector.
The City Inspector shall, at the time of
his appointment execute to the City a bond in the amount to be established by
the corporate authorities with sureties to be approved by the corporate
authorities and conditioned as required by law.
Sec. 2-245 Effective date.
This ordinance shall be in full force and effect upon its
passage. (Ord. No. 99-60, Sec. 2-230 - 2-235,
Authority to issue tickets and citations
..2
01.1
Bonds required from city officers
.2
02
Duties of city officers to make reports
.
2 04
Datum
established, elevations for grades
..2 14
Duty of city officers to turn over records/books
2
09
Electronic
Attendance at Meetings Rules.
2-19
Fiscal year
..2 01
IML probationary period for employees
.2
17
Leaves of absence for city officers
.2
07
Liability of city officers for
negligence
..2 05
Maintenance man generally
2 11
Maintenance responsibility for city
property
..2 10
Maintenance supervisor generally
..2
12
No permit to applicant indebted to
city
..2 15
Publication of treasurers annual
account
..2 16
Removal of city officers
.2 08
Rights for employees called to active
duty
.2 18
Sick/vacation periods for city employees
2
13
Terms/date of inauguration of city
officers
..2 07.1
Vacancy of office by city officer/alderman
2 06
Appointment of deputy City Clerk
..2
28
Compensation for the position of City
Clerk
..2 30
Duties at council meetings City Clerk
.2
26
Duty to prepare documents City Clerk
2
27
Record Keeping City Clerk
.2 29
Budget committee, powers and duties
2
47
Committee for buildings and grounds
2
48
Council procedure
..2 44
Department Heads attendance at City Council
meetings
... 2 41.1
Fixing compensation for Aldermen
2 42.1
Meetings generally
.2 40
Order of business for City Council
2
43
Per diem for Committee
meetings
..2 45.1
Smoking prohibited in council chambers
2
40.1
Standing committees generally
... 2 45
Making office of City Treasurer appointed
2 58
Powers and duties City Treasurer
2 59
Procedure for lost or destroyed warrants
2 60
Office of special assessments created
. 2 71
Special assessment disposition of
monies
2 73
Duty of engineer to mark grades
. 2 87
Duty of engineer to use field notes
.. 2 88
Engineer to make profiles of streets
2 86
Engineer to supervise public work
.. 2 85
Engineers duty to submit
plans/estimates
.. 2
84
Annual report law department
2 117
Duties of assistant corporation counsel
generally
.. 2 120
Duties of Corporate Counsel and assistant
overlap
... 2 121
Duties of Corporation Counsel generally
.. 2 119
Law Department created, composition
... 2 111
Law Department prosecution of cases
.... 2 112
Law Dept. executions on judgments/certify
bills
2 114
Law Dept. record of opinions/court
actions
2 118
Legal advice
2 113
No duty to prosecute malicious
complaints
... 2
116
Prosecutions of violations of ordinances
2 115
Replacements Corporation Counsel/assistant
. 2 122
Mayor powers and duties
. 2 133
Position of mayor pro tem created
.. 2 135
Successor to mayor in times of disaster
.. 2 134
Bid procedure over $2,500.00
. 2 146
Bid procedure under $2,500.00
2 149.1
Contracts exempt from purchasing regulations
2 150
Emergency contracts
2 147
Exceptions to competitive bid requirements
2 145
Identification of the City of
Invalid purchase contracts
2 151
Lowest bid
... 2 - 148
ARTICLE XI. PLAN COMMISSION
Organization Plans Commission
2
165
Plans Commission composition of
. 2
163
Plans Commission powers and duties
2
167
Plans Commission record keeping
required
... 2 166
Plans Commission subdivision plat
approval
2 168
Plans Commission terms, vacancies
. 2
164
Plans Commission created
2
162
Bond required for Comptroller
. 2 187
Bonds Comptroller to keep
records
.. 2 192
Comptroller additional duties
2 193
Creation of collection department
2 194
Creation of office, appointment of
Comptroller
.. 2 186
Custody of documents by Comptroller
2 189
Duties of Collection Department
2 195
Estimate of expenses by
comptroller
.. 2 190
Head of the Department of Collections
2 196
Powers and duties of Comptroller
2 - 188
Warrants records to be kept by
Comptroller
. 2 191
Creation of maintenance department
2 201
Director of maintenance to report to
council
. 2 205
Maintenance
Department major projects
2
204
Maintenance
Department personnel
.. 2
203
Responsibility/authority
of maintenance department
2
202
Bldg/Zoning Jurisdiction of the Fire
Chief
. 2 219
Building
and Zoning Head of department
.. 2 218
Building
and Zoning Department created
.. 2
216
Duties
of the Building/Zoning Department
2 217
Adoption of
act
.. 2 227.1
Conflicts
of interest
.. 2
- 223
Code of
Conduct
.. 2
- 224
Code of conduct
elected officials
.. 2
227.2
Code
of ethics disclosure of interest
.. 2 227
Code
of ethics enforcement and penalties
.. 2 226
Code
of ethics policy and purpose
. 2 221
Definitions
code of ethics
.. 2
222
Existing
ethics ordinance or gift ban ordinance
2 - 227.4
Financial
disclosure code of ethics
. 2
225
Future
amendments to the State Gift Ban Act
.. 2 227.5
Future
declaration of unconstitutionality of State Gift Ban Act
... 2 227.6
State
Legislative Ethics Commission Complaints
2 227.3
Creation of Dept. of Social
Services
. 2 228
Responsibility
& Scope of director of Social Services
. 2 229
Personnel
... 2 230
Reports
to City Council
. 2
231
ARTICLE XVIII. BOARD OF
LOCAL IMPROVEMENTS
.. 2 - 232
City Inspector
established, appointed
.
2 240
City
Inspector duties
2 241
City
Inspector removal from office, compensation
2 242
City
Inspector qualifications
... 2 243
Bond
for City Inspector
.. 2
244
Effective
date
.. 2
245