2023 Illinois Compiled Statutes › Chapter 65 - MUNICIPALITIES › 65 ILCS 5/ - Illinois Municipal Code. › Article 4 - Commission Form Government

(65 ILCS 5/Art. 4 heading)
ARTICLE 4
COMMISSION FORM GOVERNMENT
(65 ILCS 5/Art. 4 Div. 1 heading)
DIVISION 1.  
		GENERAL PROVISIONS
(65 ILCS 5/4-1-1) (from Ch. 24, par. 4-1-1)
Sec. 4-1-1. 
		
		This article shall be known, may be cited, and is hereafter
designated as "The Commission Form of Municipal Government."
(Source: Laws 1961, p. 576.)
(65 ILCS 5/4-1-2) (from Ch. 24, par. 4-1-2)
Sec. 4-1-2. Definitions. In this Article, unless the context
otherwise requires:
(a) Any office or officer named in Any act referred to in this Article,
when applied to cities or villages under the commission form of municipal
government, means the office or officer having the same functions or duties
under this Article or under ordinances passed by authority of this
Article.
(b) "Commissioner", "alderperson", or "village trustee" means
commissioner when applied to duties under this Article.
(c) "City council", "board of
trustees", or
"corporate authorities" means "council" when applied to duties under this
Article.
(d) "Franchise" includes every special privilege or right in the
streets, alleys, highways, bridges, subways, viaducts, air, waters, public
places, and other public property that does not belong to the citizens
generally by common right, whether granted by the State or the city or
village.
(e) "City" includes village.
(f) "Municipal" or "municipality" means either city or village.
(g) "Treating" means the entertaining of a person with food, drink,
tobacco, or drugs.
(h) "Treats" means the food, drink, tobacco, or drugs, requested,
offered, given, or received, in treating or for the entertainment of a
person.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/4-1-3) (from Ch. 24, par. 4-1-3)
Sec. 4-1-3. 
		
		Any municipality which has heretofore adopted the commission
form of municipal government and is functioning under that form of
government immediately prior to the effective date of this Code shall be
treated as having adopted this article.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/4-1-4) (from Ch. 24, par. 4-1-4)
Sec. 4-1-4. 
		
		The provisions of Article 3 shall apply to all officers
elected or appointed under this Article 4 unless otherwise provided or
unless there is a conflict between the provisions of this Article 4 and the
provisions of Article 3. In the event of such conflict, the provisions of
this Article 4 shall control.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/Art. 4 Div. 2 heading)
DIVISION 2.  
		ORGANIZATION
(65 ILCS 5/4-2-1) (from Ch. 24, par. 4-2-1)
Sec. 4-2-1. 
		
		All municipalities not exceeding 200,000 population which are
treated as properly incorporated, or which hereafter are incorporated,
under this Code, in addition to all rights, powers, and authority conferred
upon them elsewhere in this Code, shall have the rights, powers, and
authority conferred in this article, by proceeding as hereinafter provided.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/4-2-2) (from Ch. 24, par. 4-2-2)
Sec. 4-2-2. 
		
		Electors of any municipality, equal in number to 1/10 the
number of votes cast for all candidates for mayor or president
at the last preceding municipal election for such officer, may petition
the circuit court for the county in which that municipality is located to
cause to be submitted to a vote of the electors of that municipality the
proposition whether the municipality shall adopt this article.
Upon submission of such petition the court shall set a date not less than
10 nor more than 30 days thereafter for a hearing on the sufficiency thereof.
Notice of the filing of such petition and of such date shall be given in
writing to the city or village clerk and to the mayor or village president
at least 7 days before the date of such hearing.
The court shall treat the petition
and enter appropriate orders to certification and submission in accordance
with the general election law.
(Source: P.A. 81-1489.)
(65 ILCS 5/4-2-3) (from Ch. 24, par. 4-2-3)
Sec. 4-2-3. 
		
		The petition provided in Section 4-2-2 shall be
substantially in the following form and in accordance with the general election
law: to the circuit court of the County
of (name of county):
We, the undersigned electors of the city (or village) of (name of
city or village), respectfully petition your honor to submit to a vote
of the electors of (name of city or village), the following proposition:
Shall the city (or village) of.... adopt the commission form of
municipal government?
Name
Address, with Street and Number
..................................
(Source: P.A. 81-1489.)
(65 ILCS 5/4-2-5) (from Ch. 24, par. 4-2-5)
Sec. 4-2-5. 
		
		The proposition
shall be in substantially the following form:
--------------------------------------------------------------
Shall the city (or village) of       YES
.... adopt the commission form of  ---------------------------
municipal government?                    NO
--------------------------------------------------------------
If a majority of the electors voting upon this proposition vote Yes,
this article is adopted in that municipality. This article shall go into
operation in such city or village upon the date of the next general
municipal election.
If a majority of the electors voting upon this proposition vote No,
the proposition shall not be submitted again in that municipality for 22 months.
(Source: P.A. 81-1489.)
(65 ILCS 5/4-2-6) (from Ch. 24, par. 4-2-6)
Sec. 4-2-6. 
		
		A certified copy of the canvass of the votes on the
proposition specified in Section 4-2-2 shall be transmitted to the municipal
clerk, and to the
clerk of the circuit court, and by each transcribed upon the records of
his office.
(Source: P.A. 81-1489.)
(65 ILCS 5/4-2-7) (from Ch. 24, par. 4-2-7)
Sec. 4-2-7. 
		Certificate of adopting commission form of government. 
		If
the commission form of municipal government is adopted, the
mayor or president immediately shall transmit a certificate so stating to
(i) the Secretary of State, (ii) the clerk of the
circuit court, and (iii)
the recorder of the county or counties in which the municipality is
located. These officers shall file this certificate
in their
respective offices.
(Source: P.A. 87-1119.)
(65 ILCS 5/4-2-8) (from Ch. 24, par. 4-2-8)
Sec. 4-2-8. 
		
		The failure of the officers named in Sections 4-2-4 through
4-2-7 to perform the duties and acts imposed upon them by those sections,
shall neither invalidate nor prevent the adoption of this article.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/4-2-9) (from Ch. 24, par. 4-2-9)
Sec. 4-2-9. 
		
		All courts shall take judicial notice of the adoption of this
article by all municipalities adopting it.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/Art. 4 Div. 3 heading)
DIVISION 3.  
		ELECTION OF OFFICERS
(65 ILCS 5/4-3-1) (from Ch. 24, par. 4-3-1)
Sec. 4-3-1. 
		
		All municipalities which have adopted the commission form
of municipal government prior to August 15, 1941, shall elect a mayor and
4 commissioners at a general municipal election held
in an odd numbered year upon the expiration of the term of
office of the mayor or president, and every 4 years thereafter. The day
when elections in these municipalities shall be held shall be determined
by the provisions of the general election law.
In all municipalities which adopt this article on or after August 15, 1941,
the terms of office of all elected municipal officers (1) holding office
at the time this article is adopted, or (2) elected on the same day that
this article is adopted, or (3) elected at the next biennial election held
after the adoption,
shall expire at the end of their respective terms but not later than the
expiration of the term of office of the mayor or president who is holding
office at the time of the adoption of this article or who is elected to
the office of mayor or president on the same day that this article is adopted,
as the case may be.
All municipalities which adopt this article on or after August 15, 1941,
shall elect a mayor and 4 commissioners at a general municipal election
held in an odd numbered year upon the
expiration of the term of office of the mayor or president as provided in
the next preceding paragraph, and every 4 years thereafter. The day when
elections in these municipalities shall be held shall be determined
by the provisions of the general election law.
(Source: P.A. 81-1490.)
(65 ILCS 5/4-3-2) (from Ch. 24, par. 4-3-2)
Sec. 4-3-2. 
		
		Whenever a municipality adopts this article it shall
discontinue its division into wards. The mayor and 4 commissioners of the
municipality shall be nominated and elected at large.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/4-3-3) (from Ch. 24, par. 4-3-3)
Sec. 4-3-3. 
		
		The mayor and commissioners elected under Section 4-3-1 shall
be known as the council.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/4-3-4) (from Ch. 24, par. 4-3-4)
Sec. 4-3-4. 
		Terms of office; vacancy.
(a) Except as otherwise provided in
this article, the mayor and
commissioners elected under Section 4-3-1 shall hold their respective offices
for the term of 4 years and until their successors are elected and have
qualified.
(b) If a vacancy occurs in any of these offices, the remaining members
of the
council, within 30 days after the vacancy occurs, shall
appoint a person to fill the vacancy
for the balance of the unexpired term or until the vacancy is filled
by interim election under Section 3.1-10-50 and until the successor is
elected and has qualified.
(Source: P.A. 87-1119.)
(65 ILCS 5/4-3-5)
Sec. 4-3-5. (Repealed).
(Source: P.A. 91-57, eff. 6-30-99. Repealed by P.A. 95-699, eff. 11-9-07.)
(65 ILCS 5/4-3-6) (from Ch. 24, par. 4-3-6)
Sec. 4-3-6. 
		
		The provisions
of the general election law shall apply to and govern
all elections held under this article.
(Source: P.A. 81-1490.)
(65 ILCS 5/4-3-7) (from Ch. 24, par. 4-3-7)
Sec. 4-3-7. 
		
		Any person desiring to become a candidate for nomination for
mayor or commissioner shall file with the municipal clerk, or, in those
municipalities having a board of election commissioners, with the clerk
of that board, a statement of his candidacy, in the form provided in the
general election law.  This statement shall be filed at the time provided
in the general election law.
This statement shall be sworn (or affirmed) before an officer,
in which the person making the statement resides, authorized to
administer oaths.  If the municipality has voted, as provided in Section
4-3-19, to require candidates for commissioner to run for a specific office,
a statement of candidacy for commissioner shall specify whether the candidacy
is for commissioner of accounts and finances, commissioner of public health
and safety, commissioner of streets and public improvements, or commissioner
of public property. No person shall file statements
of candidacy for both mayor and commissioner or for more than one of the
commissioner offices.
Any person having filed as a candidate for mayor or commissioner may withdraw
within the time provided in the general election law.
(Source: P.A. 81-1490.)
(65 ILCS 5/4-3-8) (from Ch. 24, par. 4-3-8)
Sec. 4-3-8. 
		
		At the same time that one files his statement of candidacy
he shall also file with the clerk specified in Section 4-3-7 a petition
requesting his candidacy. Such petition shall contain a number of signatures
of electors, residing within the same municipality as the candidate, equal
to at least 1% of the total vote cast at the last preceding election in
the municipality for mayor. This petition shall be in substantially the
form provided in the general election law.
(Source: P.A. 81-1490.)
(65 ILCS 5/4-3-10)
Sec. 4-3-10. (Repealed).
(Source: P.A. 81-1490. Repealed by P.A. 95-699, eff. 11-9-07.)
(65 ILCS 5/4-3-10.1)
Sec. 4-3-10.1. (Repealed).
(Source: Laws 1965, p. 2677. Repealed by P.A. 95-699, eff. 11-9-07.)
(65 ILCS 5/4-3-13)
Sec. 4-3-13. (Repealed).
(Source: P.A. 81-1490. Repealed by P.A. 95-699, eff. 11-9-07.)
(65 ILCS 5/4-3-14)
Sec. 4-3-14. (Repealed).
(Source: Laws 1961, p. 576. Repealed by P.A. 95-699, eff. 11-9-07.)
(65 ILCS 5/4-3-16) (from Ch. 24, par. 4-3-16)
Sec. 4-3-16. Upon the ballots for the general municipal election the names
of the nominees for mayor shall be placed first, in substantially the form
specified in this section. Following these names, the names of the nominees
for commissioners shall appear under each office, in substantially the form
specified in this section; provided that if the municipality has voted,
as provided in Section 4-3-19, to require candidates for commissioner to
run for a specific office, the names of the candidates for commissioner
of public accounts and finances, commissioner of public health and safety,
commissioner of streets and public improvements, and commissioner of public
property, respectively, shall appear
under the designation of the applicable office, in substantially the form
specified in Section 4-3-16.1.
The ballots shall be in the form provided by the general election law, except
as herein otherwise provided, but they shall designate no party, platform,
political principle, appellation, or mark whatever. Nor shall any circle
be printed at the head of the ballots. Except where candidates for commissioner
are required to run for a specific office, the ballots shall be in substantially
the following form:
OFFICIAL BALLOT
NOMINEES FOR MAYOR AND COMMISSIONERS
OF THE CITY (OR VILLAGE) OF....
AT THE GENERAL MUNICIPAL ELECTION.
FOR MAYOR
(VOTE FOR ONE)
(  ) JOHN JONES.
(  ) JAMES SMITH.
FOR COMMISSIONERS
(VOTE FOR NOT MORE THAN FOUR)
(  ) HARRY BROWN.
(  ) ROBERT BUCK.
(  ) WILLIAM BURKE.
(  ) GEORGE MILLER.
(  ) ARTHUR ROBBINS.
(  ) EDWARD STUART.
(  ) JOSEPH TROUT.
(  ) THOMAS WILLIAMS.
(Source: P.A. 95-862, eff. 8-19-08.)
(65 ILCS 5/4-3-16.1) (from Ch. 24, par. 4-3-16.1)
Sec. 4-3-16.1. 
		
		If the municipality has voted, as provided in Section
4-3-19, to require candidates for commissioner to run for a specific
office, the ballots for the general municipal election shall be in
substantially the following form:
OFFICIAL BALLOT
NOMINEES FOR MAYOR AND COMMISSIONERS
OF THE CITY (OR VILLAGE) OF ....
AT THE GENERAL MUNICIPAL ELECTION.
FOR MAYOR
(VOTE FOR ONE)
( ) JOHN JONES.
( ) JAMES SMITH.
FOR COMMISSIONER OF ACCOUNTS
AND FINANCES
(VOTE FOR ONE)
( ) HARRY BROWN.
( ) ROBERT BUCK.
FOR COMMISSIONER OF PUBLIC HEALTH
AND SAFETY
(VOTE FOR ONE)
( ) GEORGE MILLER.
( ) ARTHUR ROBBINS.
FOR COMMISSIONER OF STREETS AND
PUBLIC IMPROVEMENTS
(VOTE FOR ONE)
( ) JOSEPH TROUT.
( ) THOMAS WILLIAMS.
FOR COMMISSIONER OF PUBLIC PROPERTY
(VOTE FOR ONE)
( ) JAMES J. JEFFRIES.
( ) JAMES SMITH.
(Source: Laws 1965, p. 2677.)
(65 ILCS 5/4-3-17) (from Ch. 24, par. 4-3-17)
Sec. 4-3-17. 
		
		All general municipal elections under this
article shall be held, conducted, and contested under the provisions of
the general election law, except that the contest of
the election of mayor and commissioners shall be conducted in the circuit
court. The council under this article shall not be the judge
of the election and qualification of its members.
(Source: P.A. 81-1490.)
(65 ILCS 5/4-3-18) (from Ch. 24, par. 4-3-18)
Sec. 4-3-18. 
		
		All officers, assistants, and employees in any municipality
under the commission form of municipal government shall be elected or
appointed in accordance with this article with reference to their
qualifications and fitness and for the good of the public service, and
without reference to their political or religious faith or party
affiliations.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/4-3-19) (from Ch. 24, par. 4-3-19)
Sec. 4-3-19. 
		
		Any municipality subject to this Article may, by a vote
of the electors thereof as hereinafter provided, elect to require
candidates for commissioner to run for a specific office.
The question of requiring candidates for commissioner to run for a
specific office shall be certified by the municipal clerk to the proper
election authority who shall submit the proposition
to the electors of the municipality upon a resolution adopted by
the council or upon petition filed with the municipal clerk and signed by electors of
the municipality equal in number to at least 10% of the number of votes
cast for the candidates for mayor at the last preceding general
quadrennial municipal election. The proposition shall be in substantially
the following form:
--------------------------------------------------------------
Shall candidates for commissioner       YES
in the city (or village) of...... be   -----------------------
required to run for a specific office?      NO
--------------------------------------------------------------
If a majority of the electors in the municipality voting upon the
question vote in the affirmative, candidates for commission shall
thereafter run for the specific office of commissioner of accounts and
finances, commissioner of public health and safety, commissioner of
streets and public improvements, or commissioner of public property, and
the electors of the municipality shall, at each general municipal
election thereafter, elect one person to each such specific office,
rather than electing four commissioners without further designation.
(Source: P.A. 81-1489.)
(65 ILCS 5/4-3-20) (from Ch. 24, par. 4-3-20)
Sec. 4-3-20. 
		
		Any municipality which has adopted the provisions of
Section 4-3-19 may by referendum elect to require candidates for the
office of commissioner to run without designation as provided under
Sections 4-3-10 and 4-3-16.
The question of requiring candidates to run for the office of
commissioner without designation rather than for a specific office may
be submitted to the electors of the municipality by the council or upon
a petition signed by electors of the
municipality equal in number to at least 10% of the number of votes cast
for candidates for mayor at the last preceding general quadrennial
municipal election. Such question shall be
certified by the municipal clerk to the proper election authorities who
shall submit the proposition at an election in accordance with the general
election law. The question shall be in substantially the following form:
--------------------------------------------------------------
Shall candidates for commissioner      YES
in the city (or village) of.....   ---------------------------
no longer be required to run for
a specific office?                       NO
--------------------------------------------------------------
If a majority of the electors in the municipality voting upon the
question vote in the affirmative, candidates for commissioner shall
thereafter run for the office of commissioner without designation and
not for any specific office in the manner as provided in Sections 4-3-10
and 4-3-16.
(Source: P.A. 81-1489.)
(65 ILCS 5/Art. 4 Div. 4 heading)
DIVISION 4.  
		OATHS AND BONDS
(65 ILCS 5/4-4-1) (from Ch. 24, par. 4-4-1)
Sec. 4-4-1. 
		Oath or affirmation. 
		Before entering upon the duties of
their respective offices,
all officers elected or appointed under this Article shall take and
subscribe the oath or affirmation prescribed by the Illinois
Constitution. This oath or affirmation, when
subscribed, shall be filed with the municipal clerk.
(Source: P.A. 87-1119.)
(65 ILCS 5/4-4-2) (from Ch. 24, par. 4-4-2)
Sec. 4-4-2. 
		Bond of officers.
(a) Before entering upon the duties of their respective offices,
the mayor, each commissioner, municipal clerk, municipal treasurer, and other
officers and employees designated by the council by
ordinance shall execute bonds with good and sufficient security to be
approved by the council, payable to the municipality in the penal
sums directed by ordinances, conditioned for the faithful performance of
the duties of the office and the payment of all money received by the
officer, according to law and the municipal ordinances.
(b) The bonds of the mayor and commissioners, however, shall not be
fixed at
less than $3,000.
(c) The bonds of all municipal officers
except the municipal
clerk shall be filed with, recorded, and preserved by the municipal clerk.
The bond of the municipal clerk shall be filed with, recorded, and
preserved by the municipal treasurer. The treasurer's bond shall be in an
amount of dollars that is not less than the greater of $50,000 or 3 times the latest Federal
census population or any subsequent census figure used for Motor Fuel Tax
purposes.
(Source: P.A. 87-738; 87-1119.)
(65 ILCS 5/Art. 4 Div. 5 heading)
DIVISION 5.  
		FUNCTIONS AND DUTIES OF
COUNCIL AND OFFICERS
(65 ILCS 5/4-5-1) (from Ch. 24, par. 4-5-1)
Sec. 4-5-1. 
		
		Every municipality which has the commission form of municipal
government shall be governed by a council, consisting of the mayor and 4
commissioners, as provided in this article.
The mayor shall be the president of the council and preside at its
meetings, and he shall supervise all departments and report to the council
for its action all matters requiring attention in any department. The
commissioner of accounts and finances shall be vice president of the
council, and in case of a vacancy in the office of mayor or the absence or
inability of the mayor, shall perform the duties of the mayor.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/4-5-2) (from Ch. 24, par. 4-5-2)
Sec. 4-5-2. 
		
		The council and its members shall possess and exercise all
executive, administrative, and legislative powers and duties now possessed
and exercised by the executive, legislative, and administrative officers in
municipalities which are treated as properly incorporated under this Code
or which hereafter incorporate under this Code, except that in
municipalities under the commission form of municipal government, the board
of local improvements provided for by Article 9 shall remain a separate
and distinct body, with all the rights, powers, and duties contained in
Article 9.
The executive and administrative powers and duties in municipalities
under the commission form of municipal government shall be distributed
among 5 departments, as follows:
1.  Department of public affairs.
2. Department of accounts and finances.
3. Department of public health and safety.
4. Department of streets and public improvements.
5. Department of public property.
The council, by ordinance, (1) shall determine the powers of and duties
to be performed by each department and shall assign them to the appropriate
departments; (2) shall prescribe the powers and duties of officers and
employees, and may assign officers and employees to one or more of the
departments; (3) may require an officer or employee to perform duties in 2
or more departments; and (4) may make such rules and regulations as may be
necessary or proper for the efficient and economical conduct of the
business of the municipality.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/4-5-3) (from Ch. 24, par. 4-5-3)
Sec. 4-5-3. 
		
		Except where candidates for commissioner are required to run
for a specific office, the council, at the first regular meeting after an
election of a member or members, shall designate by a majority vote one
commissioner to be commissioner of accounts and finances, one to be
commissioner of public health and safety, one to be commissioner of streets
and public improvements, who ex officio shall be commissioner of public
works, and one to be commissioner of public property. This designation may
be changed by the council whenever it appears that the public service would
be benefited thereby. The mayor shall be commissioner of public affairs.
The commissioner of each department shall be superintendent of that
department.
If the municipality has voted, as provided in Section 4-3-19, to require
candidates for commissioner to run for a specific office, each commissioner
shall be superintendent of the department bearing the same designation as
the office to which he was elected. The mayor shall be commissioner of
public affairs. The Commissioner of streets and public improvements shall
be, ex-officio, commissioner of public works.
(Source: Laws 1965, p. 2677.)
(65 ILCS 5/4-5-4) (from Ch. 24, par. 4-5-4)
Sec. 4-5-4. 
		
		Establishment of certain offices; police and legal
departments in cities over 50,000.
(a) At the first regular meeting after the
general election of its
members or as soon as practicable after the election,
the council in its
discretion, as determined by a majority vote, may appoint, by a
majority
vote, the following officers: city clerk, corporation counsel, city
attorney, assistant city attorney, city treasurer, library trustees,
commissioner of streets and public improvements, superintendent of
streets, superintendent of special assessments, superintendent of sewers,
city engineer, and
any additional officers that the council considers
necessary or expedient. The commissioner of streets and public
improvements under this Article shall be ex-officio the commissioner of
public works and a member of the board of local improvements as and when
provided for by Article 9. If, however, it is provided by ordinance that a
superintendent of streets shall be appointed by the commissioner of streets
and public improvements, the council shall have no power to appoint the
superintendent of streets. If it is provided by law that the
superintendent of streets shall be a member of the board of local
improvements, the fact that the superintendent of streets is
appointed by the commissioner of streets
and public improvements shall not bar the superintendent of streets from membership on the board of
local improvements.
(b) In all cities of over 50,000 population that have
adopted or that may
hereafter adopt this Article and Sections 10-1-1 through 10-1-45, the
police departments shall be assigned to and shall be a part of the
department of public affairs, and the corporation counsel, city attorney,
assistant city attorney, and all other members of the legal department
shall be assigned to the department of public affairs and shall be
appointed by the mayor as the commissioner of that department.
(Source: P.A. 87-1119.)
(65 ILCS 5/4-5-5) (from Ch. 24, par. 4-5-5)
Sec. 4-5-5. 
		
		The council has the right and power to appoint and discharge
the heads of all principal departments subordinate to the departments
provided for in Section 4-5-2. The commissioner of each department,
however, may be vested by ordinance with the sole right and power to
appoint and discharge the heads of all principal departments subordinate to
the department of which he is the commissioner. But in all municipalities
which are treated as having adopted or which may hereafter adopt Sections
10-2-1 through 10-2-23, the chief of police and chief of the fire
department shall be appointed and discharged only as provided in Sections
10-2-1 through 10-2-23.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/4-5-6) (from Ch. 24, par. 4-5-6)
Sec. 4-5-6. 
		
		In all municipalities in which Sections 10-1-1 through 10-1-45
are not in effect, all officers, assistants, and employees of each
department specified in Section 4-5-2, except those elected or appointed as
provided in Sections 4-5-3 through 4-5-5, shall be appointed by the
commissioner of the department to which they are appointed, and may be
discharged by him when in his judgment the efficient conduct of municipal
affairs so demands. However, in all municipalities in which Sections 10-1-1
through 10-1-45 and Sections 10-2-1 through 10-2-23 are not in effect, all
officers and members of the fire and police departments, except those
elected or appointed as provided in Sections 4-5-3 through 4-5-5, shall be
appointed by the commissioner of the department, specified in Section
4-5-2, to which the powers of and duties to be performed by the fire
department and the police department, respectively, are assigned, and may
be discharged by him when in his judgment the efficient conduct of
municipal affairs so demands.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/4-5-7) (from Ch. 24, par. 4-5-7)
Sec. 4-5-7. 
		
		(a) In all cities in which Sections 10-1-1 through 10-1-45 are
in effect, all municipal officers, assistants, and employees, except those
specified in Sections 4-5-2 through 4-5-5, and in paragraph (b) of this
Section shall be appointed and discharged only as provided in Sections
10-1-1 through 10-1-45. For the purpose of the performance of the duties
imposed upon, and the exercise of the powers and authority vested in, the
head of a department or office by Sections 10-1-1 through 10-1-45, the
commissioner of each department, specified in Section 4-5-2, shall be
considered the head of the department or office under Sections 10-1-1
through 10-1-45.
(b) In all municipalities in which Sections 10-2-1 through 10-2-23 are
in effect, all officers and members of the fire and police departments of
those municipalities, including the chief of police and chief of the fire
department, shall be appointed and discharged only as provided in Sections
10-2-1 through 10-2-23.
(c) Nothing in this Article shall prevent any city which adopts the
commission form of municipal government from adopting Sections 10-1-1
through 10-1-45, or, when of the required population, from adopting
Sections 10-2-1 through 10-2-23, or from adopting Sections 10-2-1 through
10-2-23 and Sections 10-1-1 through 10-1-45.
(d) In all municipalities which are treated as having adopted Sections
10-2-1 through 10-2-23 before January 1, 1942, and which have also adopted
the commission form of municipal government before January 1, 1942,
Sections 10-2-1 through 10-2-23 shall continue in force in that
municipality in like manner as such sections would have continued in force
therein if the commission form of municipal government had not been adopted
therein. But the council shall have the right and power to appoint and
discharge the board of fire and police commissioners.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/4-5-8) (from Ch. 24, par. 4-5-8)
Sec. 4-5-8. 
		
		The council has the power, by ordinance, to create, fill, and
discontinue offices and employment other than those prescribed in this
article, according to its judgment of the needs of the municipality.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/4-5-9) (from Ch. 24, par. 4-5-9)
Sec. 4-5-9. 
		
		Except as otherwise provided in this article or by law, any
officer or employee who has been elected or appointed by the council in
accordance with the provisions of this article may be removed from office
at any time by a vote of a majority of the council members.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/4-5-10) (from Ch. 24, par. 4-5-10)
Sec. 4-5-10. 
		
		The council has the power to make proper regulations for the
inspection of all plants and machinery of any person exercising any right,
grant, or franchise from any municipality adopting, or which is treated as
having adopted, this article. The council and their authorized agents have
the power to make all necessary examinations of any plant, appliances, or
apparatus for the purpose of making the necessary tests to see that such
person complies with the regulations of the council with reference to the
quality and the character of the commodity or service furnished. The
council has the power to specify, determine, and regulate the quality and
character of gas and electricity furnished to the municipality and to its
residents. The municipality has the power to perform all acts necessary to
give effect to this section.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/4-5-11) (from Ch. 24, par. 4-5-11)
Sec. 4-5-11. Except as otherwise provided, all contracts, of whatever
character, pertaining to public improvement, or to the maintenance of
the public property of a municipality involving an outlay of $10,000 or
more, shall be based upon specifications to be approved by the council.
Any work or other public improvement which is not to be paid for in
whole or in part by special assessment or special taxation, when the
expense thereof will exceed $25,000, shall be constructed as follows:
(1) By a contract let to the lowest responsible     bidder after advertising for bids, in the manner prescribed by ordinance, except that any such contract may be entered into by the proper officers without advertising for bids, if authorized by a vote of 4 of the 5 council members elected; or
(2) In the following manner, if authorized by a vote     of 4 of the 5 council members elected: the commissioner of public works or other proper officers to be designated by ordinance, shall superintend and cause to be carried out the construction of the work or other public improvement and shall employ exclusively for the performance of all manual labor thereon, laborers and artisans whom the city or village shall pay by the day or hour, but all material of the value of $25,000   and upward used in the construction of the work or other public improvement, shall be purchased by contract let to the lowest responsible bidder in the manner to be prescribed by ordinance.
Nothing contained in this Section shall apply to any contract by a
municipality with the United States of America or any agency thereof.
(Source: P.A. 100-338, eff. 8-25-17.)
(65 ILCS 5/4-5-12) (from Ch. 24, par. 4-5-12)
Sec. 4-5-12. 
		
		Regular meetings of the council shall be held on the first
Monday after the mayor and commissioners have entered upon the performance
of their official duties, and at least twice each month thereafter. The
council shall provide by ordinance for the holding of regular meetings.
Special meetings may be called from time to time by the mayor or by 2
commissioners upon giving notice of not less than 24 hours to all members
of the council. Public notice of meetings must also be given as prescribed
in Sections 2.02 and 2.03 of "An Act in relation to meetings", approved
July 11, 1957, as heretofore or hereafter amended. All meetings of the
council, whether regular or special, shall be open to the public.
The mayor and each commissioner shall have the right to vote on all
questions coming before the council. Three members of the council shall
constitute a quorum, and the affirmative vote of 3 members shall be
necessary to adopt any motion, resolution, or ordinance, unless a greater
number is provided for by this article.
Upon every vote the "yeas" and "nays" shall be called and recorded.
Every motion, resolution, or ordinance shall be reduced to writing and read
before a vote is taken thereon, and all council members present at any
meeting shall vote thereon. The style of all ordinances shall be: "Be it
ordained by the council of the city (or village) of ....."
The mayor shall have no power to veto, but every resolution, ordinance
or warrant passed or ordered by the council must be signed by the mayor, or
by 2 commissioners, and all ordinances and resolutions shall be filed for
record, before they shall be in force.
(Source: Laws 1967, p. 1909.)
(65 ILCS 5/4-5-13) (from Ch. 24, par. 4-5-13)
Sec. 4-5-13. 
		
		Every ordinance or resolution appropriating any money, or
ordering any street improvement or sewer, or making or authorizing the
making of any contract, or granting any franchise, right, or license to
occupy or use the streets, alleys, highways, bridges, viaducts, public
property, or public places in the municipality for any purpose, shall
remain on file with the municipal clerk for public inspection, in the form
in which it is finally passed, at least one week before the final passage
thereof.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/4-5-16) (from Ch. 24, par. 4-5-16)
Sec. 4-5-16. Statement of receipts and expenses; examination of books
and accounts; expenditure greater than appropriation.
(a) In municipalities with
25,000 or more inhabitants, the council
each month shall print in pamphlet form, a detailed itemized statement of
all receipts and expenses of the municipality and a summary of its
proceedings during the preceding month. In municipalities with fewer than
25,000 inhabitants, the council shall print a similar statement
annually
instead of monthly. The council shall furnish printed copies of each
statement
to (i) the State Library, (ii) the city library,
(iii) all the daily and
weekly newspapers with a general circulation in the municipality, and (iv)
persons who apply for a copy at the office of the municipal clerk.
(b) At the end of each fiscal year, the council shall have licensed Certified Public Accountants permitted to perform audits under the Illinois Public Accounting Act make a full and complete examination of all books and accounts
of the municipality and shall distribute the result of
that examination in
the manner provided in this Section.
(c) It is unlawful for the council or any commissioner to expend, directly
or indirectly, a greater amount for any municipal purpose than the amount
appropriated for that purpose in the annual appropriation ordinance passed
for that fiscal year. A violation of this provision by any member of the
council shall constitute a petty offense.
(Source: P.A. 93-486, eff. 1-1-04; 94-465, eff. 8-4-05.)
(65 ILCS 5/4-5-17) (from Ch. 24, par. 4-5-17)
Sec. 4-5-17. 
		
		If, at the beginning of the term of office of the first
council elected in a municipality after that municipality has adopted the
commission form of municipal government, the appropriation for the
expenditures of the municipal government for the current fiscal year has
been made, that first council shall have the power by ordinance to revise
or repeal that appropriation and to make an additional appropriation in the
manner and within the time provided by law.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/4-5-22) (from Ch. 24, par. 4-5-22)
Sec. 4-5-22. 
		Treasurer; duties. 
		In addition to the duties now imposed
by law upon a municipal
treasurer, the treasurer of a municipality under the commission form of
municipal government shall deposit all money the treasurer
receives from all sources
of revenue, to his or her credit as treasurer of the municipality, in one
or more
places of deposit designated in the same manner and subject to the same
conditions as provided in Section 3.1-35-50.
The treasurer (i) shall collect any interest
paid on these
deposits, (ii) shall report that interest in the
treasurer's next statement
following its collection, and (iii) shall credit the interest to
the
particular fund of the municipality upon which the interest accrued. This
interest shall be treated as a part of that particular fund and shall be
subject to use for any purpose for which the fund may be used.
(Source: P.A. 87-1119.)
(65 ILCS 5/Art. 4 Div. 6 heading)
DIVISION 6.  
		COMPENSATION OF OFFICERS
(65 ILCS 5/4-6-1) (from Ch. 24, par. 4-6-1)
Sec. 4-6-1. 
		
		The mayor and each commissioner shall have an office at the
municipal building or rooms, and shall devote such time to the duties of their
respective offices as a faithful discharge thereof may require.
The total and only compensation of the mayor for the performance of his
duties shall be an annual salary, which shall be established by the council
prior to the mayoral election. The total and only compensation of each
commissioner for the performance of his duties shall be an annual salary
which shall be established by the council prior to the election in which
commissioners are elected. An increase or decrease in the salary of any
such official shall not take effect during the term for which he is
elected.
(Source: P.A. 85-784; 85-854.)
(65 ILCS 5/4-6-2) (from Ch. 24, par. 4-6-2)
Sec. 4-6-2. 
		
		
		All officers and employees, except those specified in Section 4-6-1,
shall receive the salary or compensation which the council shall provide by
ordinance, resolution, or motion, payable monthly or at such shorter
periods as the council may determine.
(Source: P.A. 78-439.)
(65 ILCS 5/Art. 4 Div. 8 heading)
DIVISION 8.  
		PENALTIES
(65 ILCS 5/4-8-2) (from Ch. 24, par. 4-8-2)
Sec. 4-8-2. 
		
		A candidate for nomination or a nominee for any office to be
filled by a popular election under this article who, directly or
indirectly, enters into any understanding or agreement to do or not to do
any official act in the event of his election to the advantage of any
person in consideration of the influence, support, or assistance of that
person to aid in the nomination or election of the candidate or nominee, is
guilty of giving, or offering to give, a bribe, and if convicted thereof
shall be guilty of a Class C misdemeanor. If elected to office, a
conviction under this section shall effect a forfeiture of the office.
However, this section shall not prevent any candidate for nomination or
nominee from publicly outlining his position or pledging his support for,
or opposition to, any measure or prospective measure of a public nature.
(Source: P.A. 77-2500.)
(65 ILCS 5/4-8-3) (from Ch. 24, par. 4-8-3)
Sec. 4-8-3. 
		
		A person who agrees to perform any service in the interest of a
candidate for any nomination or a nominee for any office under this
article, filled by a popular election, in consideration of money, treats,
or other valuable thing, or in consideration of an appointment to any
office or employment under this article, or any such candidate or nominee
who promises a person money or other valuable thing, or who promises to
appoint a person to an office or employment, under this article, in the
event of the nomination or election of such candidate or nominee, in
consideration of the person performing any service in the interest of such
candidate or nominee, is guilty of a Class C misdemeanor.
(Source: P.A. 77-2500.)
(65 ILCS 5/4-8-4) (from Ch. 24, par. 4-8-4)
Sec. 4-8-4. 
		
		A person who, for the purpose of influencing an elector's vote
at any election under this article, offers to give the elector a bribe,
either in money, treats, or other consideration, or by agreeing to appoint
him to an office or employment under this article, or an elector under this
article who requests, receives, or accepts such a bribe, or who agrees to
vote for or support any candidate or nominee in consideration that the
elector will be appointed to an office or employment under this article, is
guilty of a Class B misdemeanor.
(Source: P.A. 77-2500.)
(65 ILCS 5/4-8-5) (from Ch. 24, par. 4-8-5)
Sec. 4-8-5. 
		
		Any officer or employee under this article who in any manner
contributes money, labor, or other valuable thing to any person for
election purposes, is guilty of a Class C misdemeanor.
(Source: P.A. 77-2500.)
(65 ILCS 5/4-8-6) (from Ch. 24, par. 4-8-6)
Sec. 4-8-6. 
(a) No officer or employee elected or appointed under
this article shall be interested, directly or indirectly, in his own
name or in the name of any other person, association, trust or
corporation, in any contract for work or materials, or profits thereof,
or services to be furnished or performed for the municipality or for any
person operating a public utility wholly or partly within the
territorial limits of the municipality.
(b) However, any elected or appointed member of the governing body
may provide materials, merchandise, property, services or labor, if:
A.  the contract is with a person, firm, partnership,     association, corporation, or cooperative association in which such interested member of the governing body of the municipality has less than a 7 1/2% share in the ownership; and
B. such interested member publicly discloses the     nature and extent of his interest prior to or during deliberations concerning the proposed award of the contract; and
C. such interested member abstains from voting on the     award of the contract, though he shall be considered present for the purposes of establishing a quorum; and
D. such contract is approved by a majority vote of     those members presently holding office; and
E. the contract is awarded after sealed bids to the     lowest responsible bidder if the amount of the contract exceeds $1500, or awarded without bidding if the amount of the contract is less than $1500; and
F. the award of the contract would not cause the     aggregate amount of all such contracts so awarded to the same person, firm, association, partnership, corporation, or cooperative association in the same fiscal year to exceed $25,000.
(c) In addition to the above exemption, any elected or appointed
member of the governing body may provide materials, merchandise,
property, services or labor if:
A. the award of the contract is approved by a     majority vote of the governing body of the municipality provided that any such interested member shall abstain from voting; and
B. the amount of the contract does not exceed $1000;     and
C. the award of the contract would not cause the     aggregate amount of all such contracts so awarded to the same person, firm, association, partnership, corporation, or cooperative association in the same fiscal year to exceed $2000; and
D. such interested member publicly discloses the     nature and extent of his interest prior to or during deliberations concerning the proposed award of the contract; and
E. such interested member abstains from voting on the     award of the contract, though he shall be considered present for the purposes of establishing a quorum.
(d) A contract for the procurement of public utility services by a
municipality with a public utility company is not barred by this Section
by one or more members of the governing body being an officer or
employee of the public utility company or holding an ownership interest
of no more than 7 1/2% in the public utility company, or holding an ownership
interest of any size if the municipality has a population of less than 7,500
and the public utility's rates are approved by the Illinois Commerce Commission.
An elected or
appointed member of the governing body having such an interest shall be
deemed not to have a prohibited interest under this Section.
(e) Any officer who violates this Section is guilty of a Class 4
felony and in addition thereto any office held by such person so
convicted shall become vacant and shall be so declared as part of the
judgment of the court.
(f) Nothing contained in this Section, including the restrictions
set forth in subsections (b), (c) and (d), shall preclude a contract of
deposit of monies, loans or other financial services by a municipality
with a local bank or local savings and loan association, regardless of
whether a member or members of the governing body of the municipality
are interested in such bank or savings and loan association as an
officer or employee or as a holder of less than 7 1/2% of the total
ownership interest. A member or members holding such an interest in such
a contract shall not be deemed to be holding a prohibited interest for
purposes of this Act.  Such interested member or members of the
governing body must publicly state the nature and extent of their
interest during deliberations concerning the proposed award of such a
contract, but shall not participate in any further deliberations
concerning the proposed award.  Such interested member or members shall
not vote on such a proposed award.  Any member or members abstaining
from participation in deliberations and voting under this Section may be
considered present for purposes of establishing a quorum.  Award of such
a contract shall require approval by a majority vote of those members
presently holding office.  Consideration and award of any such contract
in which a member or members are interested may only be made at a
regularly scheduled public meeting of the governing body of the
municipality.
(g) This Section applies only to an officer or employee elected or appointed under this Article who is a member of the board of an investor-owned public service corporation.
(Source: P.A. 98-128, eff. 8-2-13.)
(65 ILCS 5/4-8-6a) (from Ch. 24, par. 4-8-6a)
Sec. 4-8-6a. 
No officer or employee elected or appointed under this Article
shall request, accept, or receive, directly or indirectly, from any person
owning, operating, or leasing within or partly within the territorial
limits of the municipality, any public utility, or any water craft leaving
or entering or operating within the municipality, any service or transportation
upon terms more favorable than are granted to the public generally, or any
employment, for hire or otherwise, or any free service or transportation,
either for himself or any other person.
A violation of this Section is a petty offense.  A conviction shall effect
a forfeiture of the office or employment.
The prohibition of free transportation shall not apply to policemen or
firemen in uniform, nor shall this Section affect any free service to municipal
officers or employees provided by any franchise or license, granted prior
to March 9, 1910.
This Section applies only to an officer or employee elected or appointed under this Article who is a member of the board of an investor-owned public service corporation.
(Source: P.A. 98-128, eff. 8-2-13.)
(65 ILCS 5/4-8-7) (from Ch. 24, par. 4-8-7)
Sec. 4-8-7. 
No mayor or commissioner elected under this article shall be an
official of any public service corporation at the time he or she assumes office. A
violation of this section is a Class A misdemeanor.
For the purposes of this Section, "official of any public service corporation" means a member of the board of an investor-owned public service corporation.
(Source: P.A. 98-128, eff. 8-2-13.)
(65 ILCS 5/Art. 4 Div. 9 heading)
DIVISION 9.  
		MISCELLANEOUS PROVISIONS
(65 ILCS 5/4-9-1) (from Ch. 24, par. 4-9-1)
Sec. 4-9-1. 
		
		Appeals shall lie as in other civil cases to review the final
judgments in any proceeding under the provisions of Section
4-10-1.
(Source: P.A. 79-1361.)
(65 ILCS 5/4-9-2) (from Ch. 24, par. 4-9-2)
Sec. 4-9-2. 
		Appeals may be taken as in other civil cases.
(Source: P.A. 79-1361.)
(65 ILCS 5/4-9-3) (from Ch. 24, par. 4-9-3)
Sec. 4-9-3. 
		
		Every public utility shall provide equal and uniform service to
all residents of any municipality adopting, or which is treated as having
adopted, this article. It shall be unlawful and a sufficient ground for the
forfeiture of any franchise for a public utility to grant free service, or
to furnish better service, or to furnish service at a lower price or rate,
quantity and quality considered, to any person, or otherwise to
discriminate in the matter of rates or service between residents of any
such municipality. Whenever the council receives proof that this section is
being violated, they shall summon witnesses and investigate at once, and if
they so find, they shall immediately institute a suit to have the franchise
forfeited. However, the council shall have power by ordinance to grant a
public utility the right to grant reduced rates to persons specified in the
ordinance. Also, the council, by ordinance, may authorize any street
railway, interurban railway, bus company or other public transportation
system to transport free any member, while in uniform, of the police or
fire department of the city within the corporate limits thereof, and may
authorize the giving of such free transportation in other cases where there
is no conflict with Section 4-8-6, or with the general law of the State, or
with any act of Congress.
Any person or public utility violating this section, and any person
accepting any preference specified in this section, shall be guilty of a
Class A misdemeanor. Any person receiving any special favor or privilege
specified in this section, shall be immune from punishment in case he
testifies to any matter referred to in this section in pursuance of
subpoena from the council.
(Source: P.A. 77-2500.)
(65 ILCS 5/4-9-4) (from Ch. 24, par. 4-9-4)
Sec. 4-9-4. 
		
		In any municipality which has adopted, or which may hereafter
adopt, the
commission form of municipal government, any public library for that
municipality shall be established, maintained, and conducted in all
respects in accordance with "An Act in relation to free public libraries
for cities, villages, incorporated towns and townships and to repeal Acts
and parts of Act therein named", approved July 12, 1965, as heretofore or
hereafter amended.
(Source: Laws 1967, p. 75.)
(65 ILCS 5/4-9-5) (from Ch. 24, par. 4-9-5)
Sec. 4-9-5. 
		
		All acts and parts of acts in conflict with this article are
inoperative in municipalities under the commission form of municipal
government. However, nothing contained in this article shall in any way
repeal, amend, or affect (1) the law pertaining to the making of local
improvements under Article 9, or (2) any public school law in operation
in any municipality which adopts this article, anything contained in this
article to the contrary notwithstanding, or (3) any general law relating to
parks.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/Art. 4 Div. 10 heading)
DIVISION 10.  
		ABANDONMENT OF COMMISSION FORM
(65 ILCS 5/4-10-1) (from Ch. 24, par. 4-10-1)
Sec. 4-10-1. 
Any municipality, which has operated for more than 2 years
under the commission form of municipal government, may abandon its operation
under this Article and accept the provisions of the general law of the State
then applicable to municipalities, by proceedings as follows:
When a petition signed by electors of the municipality equal in number
to at least 25% of the number of votes cast for the candidates for mayor
at the last preceding general quadrennial municipal election is filed with
the municipal clerk, the clerk shall certify the proposition
to the proper election authorities for submission to the electors
of the municipality.  The proposition
shall be in substantially the following form:
--------------------------------------------------------------
Shall the city (or village)       YES
of.... retain the commission     -----------------------------
form of municipal government?         NO
--------------------------------------------------------------
In municipalities which have adopted the City Election Law, however, this
proposition shall be filed with the clerk of that
board. However, in municipalities with less than 50,000 inhabitants this
proposition shall only be submitted within the year preceding the expiration
of the terms of office of the elective officers of the municipality and
shall not be submitted more often than once in that year.
In municipalities with 50,000 or more inhabitants this proposition shall
not be submitted more often than once in 22 months.
If a majority of the votes cast on this proposition are against the proposition,
the officers elected at the next succeeding general municipal election shall
be those then prescribed in Article 3. Upon the qualification of these officers
the municipality shall become a city or village under this Code, but this
change shall not affect in any manner or degree the property rights or liabilities
of any nature of the municipality, but shall merely extend to the change
in its form of government.
The first city council or board of trustees elected after the abandonment
of the commission form of municipal government shall have the same number
of alderpersons or trustees as were provided in the municipality at the time
of its adoption of this Article, and the municipality shall have the same
ward and precinct boundaries.
(Source: P.A. 102-15, eff. 6-17-21.)