[Adopted as Ch. 1, Art. II, Div. IV, §§ 1-2-20,
1-2-25, 1-2-27 and Art. III, of the 2015 Code]
No Trustee of this Village, during the term of office for which
he is elected, may accept or be appointed to or hold any office appointed
by the Mayor, except if such Trustee is granted a leave of absence
from such office. However, such Trustee may serve as a volunteer fireman
and receive compensation for such service. Any appointment in violation
of this section is void. (65 ILCS 5/3.1-15-15) NOTE: One member may
serve on the Library Board, if one exists. (75 ILCS 5/4-1 and 50 ILCS
105/2)
A.
Effect. The provisions of this section shall apply alike to all officers
and employees of the Village, regardless of the time of creation of
the office or position or the time of the appointment of the officer
or employee.
B.
Residency requirements for appointive office.
(1)
No person shall be eligible for any appointive municipal office unless
that person is a qualified elector of the municipality or as otherwise
provided by law.
(2)
The residency requirements do not apply, however, to municipal engineers,
health officers, attorneys, or other officers who require technical
training or knowledge, to appointed Village treasurers, to appointed
Village clerks, or to appointed Village collectors (unless the Village
has designated by ordinance that the Village Clerk shall also hold
the office of collector). (65 ILCS 5/3.1-10-6)
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Bond. Every officer and employee shall, if required by the Village
Board upon entering upon the duties of his office, give a bond in
such amount and with such sureties as may be determined by the Board,
conditioned upon the faithful performance of the duties of his office
or position. (65 ILCS 5/3.1-10-30)
D.
Books delivered to successor. (65 ILCS 5/3.1-10-35)
(1)
Every officer shall, upon going out of office, deliver to his successor
all books, papers, furniture, and other things appertaining to such
office, and which are the property of the Village. Within five days
after notification and request, any person who has been an officer
of a municipality is required to deliver to his successor in office
all property, books and effects in his possession belonging to the
municipality, or pertaining to the office he has held.
E.
Books open to inspection. Every officer shall, at all times when
required, submit the books and papers of his office to the inspection
of the Mayor or any committee or member of the Board of Trustees.
F.
Fees; report of fees. No officer of the municipality shall be entitled
to charge or receive any fees as against the Village. All officers
of the Village entitled to receive fees shall keep a correct account
thereof, and make a report thereof under oath to the Village Board
prior to the regular meeting of each month. In the report, they shall
specify from whom such fees were received, for what service, and when
received. All fees received shall be paid over into the Village Treasury.
G.
Other rules and regulations. Every officer of the Village shall perform
such other duties and be subject to such other rules and regulations
as the Village Board may provide by law. (65 ILCS 5/3.1-10-40)
H.
Conservators of the peace. (65 ILCS 5/3.1-15-25)
(1)
After receiving a certificate attesting to the successful completion
of a training course administered by the Illinois Law Enforcement
Training Standards Board, the Mayor, Trustees and policemen in municipalities
shall be conservators of the peace. Those persons and others authorized
by ordinance shall have power:
(a)
To arrest or cause to be arrested, with or without process,
all persons who break the peace or are found violating any municipal
ordinance or any criminal law of the state;
(b)
To commit arrested persons for examination;
(c)
If necessary, to detain arrested persons in custody overnight
or Sunday in any safe place or until they can be brought before the
proper court; and
(d)
To exercise all other powers as conservators of the peace prescribed
by the corporate authorities.
(2)
All warrants for the violation of municipal ordinances or the state
criminal law, directed to any person, may be served and executed within
the limits of a municipality by any policeman of the municipality.
For that purpose, policemen have all the common law and statutory
powers of sheriffs.
I.
Oath. (65 ILCS 5/3.1-15-20) (See § 82-36, Administration of oaths.)
(1)
Before entering upon the duties of their respective offices, all
municipal officers, whether elected or appointed, shall take and subscribe
to the following oath:
"I,__________, do solemnly swear that I will support the Constitution
of the United States and the Constitution of the State of Illinois,
and that I will faithfully discharge the duties of the office of __________,
according to the best of my ability."
(2)
The Mayor and the Clerk shall have the power to administer this oath
or affirmation upon all lawful occasions.
Any officer of the Village may resign from office. If such officer
resigns, he shall continue in office until his successor has been
chosen and has qualified. If there is a failure to appoint a Village
officer, or the person appointed fails to qualify, the person filling
the office shall continue in office until his successor has been chosen
and has qualified. (65 ILCS 5/3.1-10-50)
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
A person is not eligible for an elective municipal office unless
that person is a qualified elector of the municipality and has resided
in the municipality at least one year next preceding the election.
B.
A person is not eligible to take the oath of office for a municipal
office if that person is, at the time required for taking the oath
of office, in arrears in the payment of a tax or other indebtedness
due to the municipality or has been convicted in any court located
in the United States of any infamous crime, bribery, perjury, or other
felony.
C.
A person is not eligible for the office of trustee unless that person
has resided in the municipality at least one year next preceding the
election or appointment, except as provided in 65 ILCS 5/3.1-25-75(b)
or 65 ILCS 5/5-2-11.
[65 ILCS 5/3.1-10-5 and 730 ILCS 5/5-5-5(b)]
B.
Premium payment by Village. The surety bonds required by law shall
be paid by the Village. (5 ILCS 270/1)
C.
Surety. The Village Board shall not receive or approve any bond or
security whereon the name of the Village Board, any one of the Board
of Trustees or any elected or appointed officer of the Village appear
as bondsman or security. If, by mistake, a bond containing the name
of any such officer is approved by the Village Board or if any bondsman,
after becoming such, is elected or appointed to any Village office,
this section shall not act as a release of any such obligation incurred.
A.
Purchase of. The Village Board shall have the power to purchase liability
insurance covering and insuring all municipal officers, employees
and elected officials; said insurance to cover incidents occurring
while in the performance of their duties, which insurance may insure,
cover and protect any liability which the municipal corporation, officer,
employee or elected official may incur. When the insurance has been
purchased, the Village shall be responsible for all premiums and deductible
charges called for by any valid liability insurance policy covering
the municipal corporation, officer, employee or elected official.
B.
Indemnification.
(1)
If the Village Board elects not to purchase liability insurance covering
and insuring municipal officers, elected officials and employees as
provided in this section, then the Village shall indemnify and cause
to defend municipal officers, elected officials and employees from
any claim filed by an individual, partnership or corporation when
the claim is founded on any act or omission of the municipal officers,
elected officials or employees while in the performance of their official
duties, except the Village shall not indemnify, but shall defend,
any municipal officer, elected official or employee from any claim
made by an individual, partnership or corporation wherein the claim
alleges that the municipal officer, elected official or employee acted
intentionally, maliciously or wantonly and, further, shall not indemnify
or cause to defend the officials or employees where the claim is directly
or indirectly related to the negligent care or use of a vehicle as
defined by the Illinois Compiled Statutes, and the Village shall not
indemnify any municipal officer, elected official or employee from
any claim made by a municipal officer, elected official or employee.
(2)
Notwithstanding any other provisions of this section, the Village
shall not indemnify or cause to defend any municipal officers, elected
officials or employees if the municipal officers, elected officials
or employees have liability insurance insuring the municipal officers,
elected officials or employees from the alleged claim; however, the
Village shall indemnify the municipal officer, elected official or
employee the personal deductible limits of his personal policy.
(745 ILCS 10/2-201 et seq.)
A.
Elected. No salary or compensation of any elected municipal officer
who is elected for a definite term of office shall be increased or
diminished during such term.
B.
Appointed. No salary or compensation of any appointed official who
is appointed for a definite term of office shall be decreased during
such term, but may be increased.
(65 ILCS 5/3.1-50-5 and 5/3.1-50-10)
[1]
Editor's Note: The salary of appointed officials and employees
may be established in the appropriation ordinance or annual budget.
The salary of elected officials must be established in an ordinance
other than the appropriation ordinance at least 180 days before the
beginning of the terms of the officers whose compensation is to be
filed.
The following salaries are hereby established for elected Village
officials:
A.
Mayor. The Mayor shall receive $300 per month.
B.
Trustees. The Village Trustees shall receive $90 per month.
(65 ILCS 5/3.1-50-5; 5/3.1-50-10; 5/3.1-50-15)
[1]
Editor's Note: The salaries of elected officials who hold
elective office for a definite term shall neither be increased nor
diminished during that term and shall be fixed at least 180 days before
the beginning of the terms of the officers whose compensation is to
be filed.
The ordinance fixing compensation for members of the corporate
authorities shall specify whether those members are to be compensated
(i) at an annual rate or, (ii) for each meeting of the corporate authorities
actually attended if public notice of the meeting was given.
