2023 Illinois Compiled Statutes › Chapter 65 - MUNICIPALITIES › 65 ILCS 5/ - Illinois Municipal Code. › Article 3.1 - Officers

(65 ILCS 5/Art. 3.1 heading)
ARTICLE 3.1.  
		OFFICERS
(65 ILCS 5/Art. 3.1 Div. 5 heading)
DIVISION 5.  
		APPLICATION OF ARTICLE
(65 ILCS 5/3.1-5-5) (from Ch. 24, par. 3.1-5-5)
Sec. 3.1-5-5. 
		Application of Article. 
		This Article 3.1 applies to all
officers elected or appointed under this Article and Articles 4 and 5,
unless provided otherwise.  If there is a conflict between any
provision in this Article 3.1 and any provision in Article 4 or Article 5,
the provision in Article 4 or 5,
as the case may be, shall control.
(Source: P.A. 87-1119.)
(65 ILCS 5/Art. 3.1 Div. 10 heading)
DIVISION 10.  
		GENERAL PROVISIONS
(65 ILCS 5/3.1-10-5) (from Ch. 24, par. 3.1-10-5)
Sec. 3.1-10-5. Qualifications; elective office.
(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 or appointment, except as provided in Section 3.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2, or Section 5-2-11.
(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, unless such person is again restored to his or her rights of citizenship that may have been forfeited under Illinois law as a result of a conviction, which includes eligibility to hold elected municipal office, by the terms of a pardon for the offense, has received a restoration of rights by the Governor, or otherwise according to law. Any time after a judgment of conviction is rendered, a person convicted of an infamous crime, bribery, perjury, or other felony may petition the Governor for a restoration of rights.
The changes made to this subsection by this amendatory Act of the 102nd General Assembly are declarative of existing law and apply to all persons elected at the April 4, 2017 consolidated election and to persons elected or appointed thereafter.
(b-5) (Blank).
(c) A person is not eligible for the office of alderperson
 of a ward unless that person has resided
in the ward that the person seeks to represent, and a person is not eligible for the office of trustee of a district unless that person has resided in the
municipality, at least one year next
preceding the election or appointment, except
as provided in Section 3.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2, or Section 5-2-11.
(d) If a person (i) is a resident of a municipality immediately prior to the active duty military service of that person or that person's spouse, (ii) resides anywhere outside of the municipality during that active duty military service, and (iii) immediately upon completion of that active duty military service is again a resident of the municipality, then the time during which the person resides outside  the municipality during the active duty military service is deemed to be time during which the person is a resident of the municipality for purposes of determining the residency requirement under subsection (a).
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-10-6)
Sec. 3.1-10-6. 
		Qualifications; appointive office.
(a) No person shall be eligible for any appointive municipal office
unless that person is a qualified elector of the municipality or otherwise
provided by law.
(b) 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 city or village collectors
(unless the city or village has
designated by ordinance that the city or village clerk shall also hold the
office of collector).
(c) Except for incorporated towns that have superseded a civil township,
municipalities having a population of not more than 500,000 may adopt
ordinances that allow firemen and policemen to reside outside of the
corporate limits of the municipality by which they are employed both at the
time of appointment and while serving as a fireman or policeman.
(Source: P.A. 92-354, eff. 8-15-01.)
(65 ILCS 5/3.1-10-10) (from Ch. 24, par. 3.1-10-10)
Sec. 3.1-10-10. 
		Application of general election law. 
		The general
election law applies to the scheduling, manner of
conducting, voting at, and contesting of municipal elections.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-10-15) (from Ch. 24, par. 3.1-10-15)
Sec. 3.1-10-15. Commencement of terms. The terms of elected municipal
officers shall commence at the first regular
or special meeting of the corporate authorities after receipt of the official election results from the county clerk of the regular municipal election
at which the officers were elected, except as otherwise provided
by ordinance fixing the date for inauguration of newly elected officers
of a municipality.  The ordinance shall not, however, fix the time for
inauguration of newly elected officers later than the first regular or special
meeting of the corporate authorities in the month of June

following the
election.
(Source: P.A. 95-245, eff. 8-17-07.)
(65 ILCS 5/3.1-10-17)
Sec. 3.1-10-17. Term limits.
(a) The imposition of term limits by referendum, ordinance, or otherwise must be prospective. Elective office held prior to the effective date of any term limit imposed by a municipality shall not prohibit a person otherwise eligible from running for or holding elective office in that municipality. Term limits imposed in a manner inconsistent with this Section remain valid prospectively, but are invalid as they apply to service prior to the enactment of the term limits.
(b) The imposition of term limits by referendum, ordinance, or otherwise shall only apply to terms for the same office or that category of municipal office. Term limits imposed in a manner inconsistent with this subsection are invalid as they apply to service in other categories of municipal offices.
(c) A home rule unit may not regulate term limits in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(d) This Section applies to all term limits imposed by a municipality by referendum, ordinance, or otherwise passed on or after November 8, 2016.
(Source: P.A. 101-114, eff. 7-19-19.)
(65 ILCS 5/3.1-10-20) (from Ch. 24, par. 3.1-10-20)
Sec. 3.1-10-20. 
		Results; ties. 
		The person with the highest number of
votes for an office is the person elected to that office. In case of a tie
vote,
the candidate who shall hold the office shall be
determined under the general election law.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-10-25) (from Ch. 24, par. 3.1-10-25)
Sec. 3.1-10-25. 
		Oath or affirmation. 
		Before entering upon the duties of
their respective offices, all municipal officers, whether elected or appointed,
shall take and subscribe the oath or affirmation required by the Illinois
Constitution.  The subscribed oath or affirmation shall be filed in the office
of the municipal clerk.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-10-30) (from Ch. 24, par. 3.1-10-30)
Sec. 3.1-10-30. Bond. Before entering upon the duties of their
respective offices, all
municipal officers, except alderpersons and trustees, shall execute a bond with
security, to be approved by the corporate authorities. The bond shall be
payable to the municipality in the penal sum directed by
resolution or ordinance, conditioned upon the faithful performance of the
duties of the office and the payment of all money received by the officer,
according to law and the ordinances of that municipality. The bond
may provide that the obligation of the sureties shall not extend to any
loss sustained by the insolvency, failure, or closing of any bank or savings
and loan association organized
and operating either under the laws of the State of Illinois or the United
States in which the officer has placed funds in the officer's custody, if the
bank
or savings and loan association has been approved by the corporate authorities
as a depository for those
funds. In no case, however, shall the mayor's bond be fixed at less than
$3,000. The treasurer's bond shall be an amount of money that is not less
than 3 times the latest Federal census population or any subsequent
census figure used for Motor Fuel Tax purposes.  Bonds shall be filed
with the municipal clerk, except the bond of the clerk, which shall be
filed with the municipal treasurer.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-10-35) (from Ch. 24, par. 3.1-10-35)
Sec. 3.1-10-35. 
		Duty to successor. 
		Within 5 days after written notification
and request, a person who has been an officer of a municipality shall deliver
to the successor in office all property, books, and effects in the former
officer's possession, belonging to the municipality. A former officer who
violates this Section is liable for all the damages caused by the violation and
is subject to the penalty prescribed by ordinance.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-10-40) (from Ch. 24, par. 3.1-10-40)
Sec. 3.1-10-40. 
		Additional duties. 
		Every officer shall perform
duties in addition to those which may be prescribed by law, and be subject to
other
rules and regulations, as the corporate authorities may provide by ordinance.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-10-45) (from Ch. 24, par. 3.1-10-45)
Sec. 3.1-10-45. 
		Appointment of subordinates. 
		The municipal
comptroller (if there is one), municipal clerk, municipal treasurer, and city
collector, severally, shall appoint the various clerks and subordinates in
their respective offices authorized by the corporate authorities.  Those
officers shall be held responsible, severally, for the fidelity of all persons
so appointed by them. This power, however, is subject to the provisions of
Division 1 of Article 10. The power of municipal clerks is also subject to the
provisions of Section 3.1-30-10.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-10-50)
Sec. 3.1-10-50. Events upon which an elective office becomes vacant in municipality with population under 500,000.
(a) Vacancy by resignation. A resignation is not effective unless it is in
writing, signed by the person holding the elective office, and notarized.
(1) Unconditional resignation. An unconditional     resignation by a person holding the elective office may specify a future date, not later than 60 days after the date the resignation is received by the officer authorized to fill the vacancy, at which time it becomes operative, but the resignation may not be withdrawn after it is received by the officer authorized to fill the vacancy. The effective date of a resignation that does not specify a future date at which it becomes operative is the date the resignation is received by the officer authorized to fill the vacancy. The effective date of a resignation that has a specified future effective date is that specified future date or the date the resignation is received by the officer authorized to fill the vacancy, whichever date occurs later.
(2) Conditional resignation. A resignation that does     not become effective unless a specified event occurs can be withdrawn at any time prior to the occurrence of the specified event, but if not withdrawn, the effective date of the resignation is the date of the occurrence of the specified event or the date the resignation is received by the officer authorized to fill the vacancy, whichever date occurs later.
(3) Vacancy upon the effective date. For the purpose     of determining the time period that would require an election to fill the vacancy by resignation or the commencement of the 60-day time period referred to in subsection (e), the resignation of an elected officer is deemed to have created a vacancy as of the effective date of the resignation.
(4) Duty of the clerk. If a resignation is delivered     to the clerk of the municipality, the clerk shall forward a certified copy of the written resignation to the official who is authorized to fill the vacancy within 7 business days after receipt of the resignation.
(b) Vacancy by death or disability. A vacancy occurs in an office by reason
of the death of the incumbent. The date of the death may be established by the date shown on the death
certificate. A vacancy occurs in an office by permanent physical or
mental disability rendering the person incapable of performing the duties of the office.
The corporate authorities have the authority to make the determination whether an officer is incapable of performing the duties of the office because of a permanent physical or mental disability. A finding of mental disability shall not be made prior to the appointment by a court of a guardian ad litem for the officer or until a duly licensed
doctor certifies, in writing, that the officer is mentally impaired to the extent that the
officer is unable to effectively perform the duties of the office. If the corporate
authorities find that an officer is incapable of performing the duties of the office due to permanent
physical or mental disability, that person is removed from the office and the vacancy of the office occurs on the date of the determination.
(c) Vacancy by other causes.
(1) Abandonment and other causes. A vacancy occurs in     an office by reason of abandonment of office; removal from office; or failure to qualify; or more than temporary removal of residence from the municipality; or in the case of an alderperson of a ward or councilman or trustee of a district, more than temporary removal of residence from the ward or district, as the case may be. The corporate authorities have the authority to determine whether a vacancy under this subsection has occurred. If the corporate authorities determine that a vacancy exists, the office is deemed vacant as of the date of that determination for all purposes including the calculation under subsections (e), (f), and (g).
(2) Guilty of a criminal offense. An admission of     guilt of a criminal offense that upon conviction would disqualify the municipal officer from holding the office, in the form of a written agreement with State or federal prosecutors to plead guilty to a felony, bribery, perjury, or other infamous crime under State or federal law, constitutes a resignation from that office, effective on the date the plea agreement is made. For purposes of this Section, a conviction for an offense that disqualifies a municipal officer from holding that office occurs on the date of the return of a guilty verdict or, in the case of a trial by the court, on the entry of a finding of guilt.
(3) Election declared void. A vacancy occurs on the     date of the decision of a competent tribunal declaring the election of the officer void.
(4) Owing a debt to the municipality. A vacancy     occurs if a municipal official fails to pay a debt to a municipality in which the official has been elected or appointed to an elected position subject to the following:
(A) Before a vacancy may occur under this         paragraph (4), the municipal clerk shall deliver, by personal service, a written notice to the municipal official that (i) the municipal official is in arrears of a debt to the municipality, (ii) that municipal official must either pay or contest the debt within 30 days after receipt of the notice or the municipal official will be disqualified and his or her office vacated, and (iii) if the municipal official chooses to contest the debt, the municipal official must provide written notice to the municipal clerk of the contesting of the debt. A copy of the notice, and the notice to contest, shall also be mailed by the municipal clerk to the appointed municipal attorney by certified mail. If the municipal clerk is the municipal official indebted to the municipality, the mayor or president of the municipality shall assume the duties of the municipal clerk required under this paragraph (4).
(B) In the event that the municipal official         chooses to contest the debt, a hearing shall be held within 30 days of the municipal clerk's receipt of the written notice of contest from the municipal official. An appointed municipal hearing officer shall preside over the hearing, and shall hear testimony and accept evidence relevant to the existence of the debt owed by the municipal officer to the municipality.
(C) Upon the conclusion of the hearing, the         hearing officer shall make a determination on the basis of the evidence presented as to whether or not the municipal official is in arrears of a debt to the municipality.  The determination shall be in writing and shall be designated as findings, decision, and order. The findings, decision, and order shall include: (i) the hearing officer's findings of fact; (ii) a decision of whether or not the municipal official is in arrears of a debt to the municipality based upon the findings of fact; and (iii) an order that either directs the municipal official to pay the debt within 30 days or be disqualified and his or her office vacated or dismisses the matter if a debt owed to the municipality is not proved. A copy of the hearing officer's written determination shall be served upon the municipal official in open proceedings before the hearing officer. If the municipal official does not appear for receipt of the written determination, the written determination shall be deemed to have been served on the municipal official on the date when a copy of the written determination is personally served on the municipal official or on the date when a copy of the written determination is deposited in the United States mail, postage prepaid, addressed to the municipal official at the address on record with the municipality.
(D) A municipal official aggrieved by the         determination of a hearing officer may secure judicial review of such determination in the circuit court of the county in which the hearing was held. The municipal official seeking judicial review must file a petition with the clerk of the court and must serve a copy of the petition upon the municipality by registered or certified mail within 5 days after service of the determination of the hearing officer. The petition shall contain a brief statement of the reasons why the determination of the hearing officer should be reversed. The municipal official shall file proof of service with the clerk of the court. No answer to the petition need be filed, but the municipality shall cause the record of proceedings before the hearing officer to be filed with the clerk of the court on or before the date of the hearing on the petition or as ordered by the court.     The court shall set the matter for hearing to be held within 30 days after the filing of the petition and shall make its decision promptly after such hearing.
(E) If a municipal official chooses to pay the         debt, or is ordered to pay the debt after the hearing, the municipal official must present proof of payment to the municipal clerk that the debt was paid in full, and, if applicable, within the required time period as ordered by a hearing officer or circuit court judge.
(F) A municipal official will be disqualified and         his or her office vacated pursuant to this paragraph (4) on the later of the following times if the municipal official: (i) fails to pay or contest the debt within 30 days of the municipal official's receipt of the notice of the debt; (ii) fails to pay the debt within 30 days after being served with a written determination under subparagraph (C) ordering the municipal official to pay the debt; or (iii) fails to pay the debt within 30 days after being served with a decision pursuant to subparagraph (D) upholding a hearing officer's determination that the municipal officer has failed to pay a debt owed to a municipality.
(G) For purposes of this paragraph, a "debt"         shall mean an arrearage in a definitely ascertainable and quantifiable amount after service of written notice thereof, in the payment of any indebtedness due to the municipality, which has been adjudicated before a tribunal with jurisdiction over the matter. A municipal official is considered in arrears of a debt to a municipality if a debt is more than 30 days overdue from the date the debt was due.
(d) Election of an acting mayor or acting president. The election of an acting mayor or acting president pursuant to subsection (f) or (g) does not create a vacancy in the original office of the person on the city council or as a trustee, as the case may be, unless the person resigns from the original office following election as acting mayor
or acting president. If the person resigns from the original office following
election as acting mayor or acting president, then the original office must be filled pursuant to the terms of this Section and the acting mayor or acting president shall
 exercise the powers of the mayor or president and shall vote and have veto power in the manner provided by law for a mayor or president. If the person does not resign from
the original office following election as acting mayor or acting president, then the
acting mayor or acting president shall exercise the powers of the mayor or president but shall be entitled to vote only in the manner provided for as the holder of the original office and shall not have the power to veto. If the person does not resign from the
original office following election as acting mayor or acting president, and if that person's original term of office has not expired when a mayor or president is elected and has
qualified for office, the acting mayor or acting-president shall return to the original office for the remainder of the term thereof.
(e) Appointment to fill alderperson or trustee vacancy. An appointment by the
mayor or president or acting mayor or acting president, as the case may be, of a qualified person as described in Section 3.1-10-5 of this Code to fill a vacancy in the office of alderperson or trustee must be made within 60 days after the vacancy occurs. Once the appointment of the qualified person has been forwarded to the corporate
authorities, the corporate authorities shall act upon the appointment within 30 days. If the appointment fails to receive the advice and consent of the corporate authorities within 30 days, the mayor or president or acting mayor or acting president shall appoint and forward to the corporate authorities a second qualified person as described in Section 3.1-10-5. Once the appointment of the second qualified person has been
forwarded to the corporate authorities, the corporate authorities shall act upon the
appointment within 30 days. If the appointment of the second qualified person also fails to receive the advice and consent of the corporate authorities, then the mayor or president or acting mayor or acting president, without the advice and consent of the corporate authorities, may make a temporary appointment from those persons who were appointed but whose appointments failed to receive the advice and consent of the corporate authorities. The person receiving the temporary appointment shall serve until an appointment has received the advice and consent and the appointee has qualified or until a person has been elected and has qualified, whichever first occurs.
(f) Election to fill vacancies in municipal offices with 4-year terms. If a vacancy occurs in an elective municipal office with a 4-year term and there remains an unexpired portion of the term of at least 28 months, and the vacancy occurs at least 130 days before
the general municipal election next scheduled under the general election law, then the vacancy shall be filled for the remainder of the term at that general municipal election. Whenever
an election is held for this purpose, the municipal clerk shall certify the office to be filled and the candidates for the office to the proper election authorities as provided in the general election law. If a vacancy occurs with less than 28 months remaining in the
unexpired portion of the term or less than 130 days before the general municipal election, then:
(1) Mayor or president. If the vacancy is in the     office of mayor or president, the vacancy must be filled by the corporate authorities electing one of their members as acting mayor or acting president. Except as set forth in subsection (d), the acting mayor or acting president shall perform the duties and possess all the rights and powers of the mayor or president until a mayor or president is elected at the next general municipal election and has qualified. However, in villages with a population of less than 5,000, if each of the trustees either declines the election as acting president or is not elected by a majority vote of the trustees presently holding office, then the trustees may elect, as acting president, any other village resident who is qualified to hold municipal office, and the acting president shall exercise the powers of the president and shall vote and have veto power in the manner provided by law for a president.
(2) Alderperson or trustee. If the vacancy is in the     office of alderperson or trustee, the vacancy must be filled by the mayor or president or acting mayor or acting president, as the case may be, in accordance with subsection (e).
(3) Other elective office. If the vacancy is in any     elective municipal office other than mayor or president or alderperson or trustee, the mayor or president or acting mayor or acting president, as the case may be, must appoint a qualified person to hold the office until the office is filled by election, subject to the advice and consent of the city council or the board of trustees, as the case may be.
(g) Vacancies in municipal offices with 2-year terms. In the case of an elective municipal office with a 2-year term, if the vacancy occurs at least 130 days before the general municipal election next scheduled under the general election law, the vacancy shall be filled for the remainder of the term at
that general municipal election. If the vacancy occurs less than 130 days before the general municipal election, then:
(1) Mayor or president. If the vacancy is in the     office of mayor or president, the vacancy must be filled by the corporate authorities electing one of their members as acting mayor or acting president. Except as set forth in subsection (d), the acting mayor or acting president shall perform the duties and possess all the rights and powers of the mayor or president until a mayor or president is elected at the next general municipal election and has qualified. However, in villages with a population of less than 5,000, if each of the trustees either declines the election as acting president or is not elected by a majority vote of the trustees presently holding office, then the trustees may elect, as acting president, any other village resident who is qualified to hold municipal office, and the acting president shall exercise the powers of the president and shall vote and have veto power in the manner provided by law for a president.
(2) Alderperson or trustee. If the vacancy is in the     office of alderperson or trustee, the vacancy must be filled by the mayor or president or acting mayor or acting president, as the case may be, in accordance with subsection (e).
(3) Other elective office. If the vacancy is in any     elective municipal office other than mayor or president or alderperson or trustee, the mayor or president or acting mayor or acting president, as the case may be, must appoint a qualified person to hold the office until the office is filled by election, subject to the advice and consent of the city council or the board of trustees, as the case may be.
(h) In cases of vacancies arising by reason of an election being declared void pursuant to  paragraph (3) of subsection (c), persons holding elective office prior thereto shall hold
office until their successors are elected and qualified or appointed and confirmed by advice and consent, as the case may be.
(i) This Section applies only to municipalities with populations under 500,000.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-10-51)
Sec. 3.1-10-51. Vacancies in municipalities with a population of 500,000 or more.
(a) Events upon which an elective office in a municipality of 500,000 or more shall become vacant:
(1) A municipal officer may resign from office. A     vacancy occurs in an office by reason of resignation, failure to elect or qualify (in which case the incumbent shall remain in office until the vacancy is filled), death, permanent physical or mental disability rendering the person incapable of performing the duties of his or her office, conviction of a disqualifying crime, abandonment of office, removal from office, or removal of residence from the municipality or, in the case of an alderperson of a ward, removal of residence from the ward.
(2) An admission of guilt of a criminal offense that     would, upon conviction, disqualify the municipal officer from holding that office, in the form of a written agreement with State or federal prosecutors to plead guilty to a felony, bribery, perjury, or other infamous crime under State or federal law, shall constitute a resignation from that office, effective at the time the plea agreement is made. For purposes of this Section, a conviction for an offense that disqualifies the municipal officer from holding that office occurs on the date of the return of a guilty verdict or, in the case of a trial by the court, the entry of a finding of guilt.
(3) Owing a debt to the municipality. A vacancy     occurs if a municipal official fails to pay a debt to a municipality in which the official has been elected or appointed to an elected position subject to the following:
(A) Before a vacancy may occur under this         paragraph (3), the municipal clerk shall deliver, by personal service, a written notice to the municipal official that (i) the municipal official is in arrears of a debt to the municipality, (ii) that municipal official must either pay or contest the debt within 30 days after receipt of the notice or the municipal official will be disqualified and his or her office vacated, and (iii) if the municipal official chooses to contest the debt, the municipal official must provide written notice to the municipal clerk of the contesting of the debt. A copy of the notice, and the notice to contest, shall also be mailed by the municipal clerk to the appointed municipal attorney by certified mail. If the municipal clerk is the municipal official indebted to the municipality, the mayor or president of the municipality shall assume the duties of the municipal clerk required under this paragraph (3).
(B) In the event that the municipal official         chooses to contest the debt, a hearing shall be held within 30 days of the municipal clerk's receipt of the written notice of contest from the municipal official. An appointed municipal hearing officer shall preside over the hearing, and shall hear testimony and accept evidence relevant to the existence of the debt owed by the municipal officer to the municipality.
(C) Upon the conclusion of the hearing, the         hearing officer shall make a determination on the basis of the evidence presented as to whether or not the municipal official is in arrears of a debt to the municipality.  The determination shall be in writing and shall be designated as findings, decision, and order. The findings, decision, and order shall include: (i) the hearing officer's findings of fact; (ii) a decision of whether or not the municipal official is in arrears of a debt to the municipality based upon the findings of fact; and (iii) an order that either directs the municipal official to pay the debt within 30 days or be disqualified and his or her office vacated or dismisses the matter if a debt owed to the municipality is not proved. A copy of the hearing officer's written determination shall be served upon the municipal official in open proceedings before the hearing officer. If the municipal official does not appear for receipt of the written determination, the written determination shall be deemed to have been served on the municipal official on the date when a copy of the written determination is personally served on the municipal official or on the date when a copy of the written determination is deposited in the United States mail, postage prepaid, addressed to the municipal official at the address on record in the files of the municipality.
(D) A municipal official aggrieved by the         determination of a hearing officer may secure judicial review of such determination in the circuit court of the county in which the hearing was held. The municipal official seeking judicial review must file a petition with the clerk of the court and must serve a copy of the petition upon the municipality by registered or certified mail within 5 days after service of the determination of the hearing officer. The petition shall contain a brief statement of the reasons why the determination of the hearing officer should be reversed. The municipal official shall file proof of service with the clerk of the court. No answer to the petition need be filed, but the municipality shall cause the record of proceedings before the hearing officer to be filed with the clerk of the court on or before the date of the hearing on the petition or as ordered by the court.     The court shall set the matter for hearing to be held within 30 days after the filing of the petition and shall make its decision promptly after such hearing.
(E) If a municipal official chooses to pay the         debt, or is ordered to pay the debt after the hearing, the municipal official must present proof of payment to the municipal clerk that the debt was paid in full, and, if applicable, within the required time period as ordered by a hearing officer.
(F) A municipal official will be disqualified and         his or her office vacated pursuant to this paragraph (3) on the later of the following times the municipal official: (i) fails to pay or contest the debt within 30 days of the municipal official's receipt of the notice of the debt; (ii) fails to pay the debt within 30 days after being served with a written determination under subparagraph (C) ordering the municipal official to pay the debt; or (iii) fails to pay the debt within 30 days after being served with a decision pursuant to subparagraph (D) upholding a hearing officer's determination that the municipal officer has failed to pay a debt owed to a municipality.
(G) For purposes of this paragraph, a "debt"         shall mean an arrearage in a definitely ascertainable and quantifiable amount after service of written notice thereof, in the payment of any indebtedness due to the municipality, which has been adjudicated before a tribunal with jurisdiction over the matter. A municipal official is considered in arrears of a debt to a municipality if a debt is more than 30 days overdue from the date the debt was due.
(b) If a vacancy occurs in an elective municipal office with a 4-year term and
there remains an unexpired portion of the term of at least 28 months, and the vacancy occurs at least 130 days before the general municipal election next scheduled under the general election law, then the vacancy shall be filled for the remainder of the term at that
general municipal election. Whenever an election is held for this purpose, the municipal
clerk shall certify the office to be filled and the candidates for the office to the proper
election authorities as provided in the general election law. If the vacancy is in the office
of mayor, the city council shall elect one of their members acting mayor. The acting mayor shall perform the duties and possess all the rights and powers of the mayor until a successor to fill the vacancy has been elected and has qualified. If the
vacancy is in any other elective municipal office, then until the office is filled by election,
the mayor shall appoint a qualified person to the office subject to the advice
and consent of the city council.
(c) If a vacancy occurs later than the time provided in subsection (b) in a 4-year term, a vacancy in the office of mayor shall be filled by the corporate authorities electing one of their members acting mayor. The acting mayor shall perform the duties and possess all the rights and powers of the mayor until a mayor is elected at the next general municipal election and has qualified. A vacancy occurring later than the time provided in subsection (b) in a 4-year term in any elective office other than mayor shall be filled by appointment by the mayor, with the advice and consent of the corporate authorities.
(d) A municipal officer appointed or elected under this Section shall hold office
until the officer's  successor is elected and has qualified.
(e) An appointment to fill a vacancy in the office of alderperson shall be made within 60 days after the vacancy occurs. The requirement that an appointment be made
within 60 days is an exclusive power and function of the State and is a denial and
limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution of the power of a home rule municipality to require that an appointment be made within a different period after the vacancy occurs.
(f) This Section applies only to municipalities with a population of 500,000 or more.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-10-55) (from Ch. 24, par. 3.1-10-55)
Sec. 3.1-10-55. 
		Quorum to fill vacancies. 
		If there is a vacancy in an
elective office and, for any reason, there is not a quorum in office of the
corporate authorities, appointments to fill vacancies may be made or confirmed
by a majority of the corporate authorities holding office at the time the
appointment is made or confirmed.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-10-60) (from Ch. 24, par. 3.1-10-60)
Sec. 3.1-10-60. Interim appointments to vacancies. If a municipality
has no mayor or president, no clerk, and no alderpersons or trustees, the circuit
court may, upon petition signed by at least 100 electors or 10% of the electors
of the municipality, whichever is less, make interim appointments to fill all
vacancies in the elective offices of the municipality from among persons whose
names are submitted by the petition or petitions. The interim appointees shall
serve until the next regularly scheduled election under the general election
law occurring not less than 120 days after all the offices have become vacant.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-10-65) (from Ch. 24, par. 3.1-10-65)
Sec. 3.1-10-65. Referendum to reduce terms.
(a) In any municipality of less than 500,000 inhabitants, a
proposition to reduce the terms of the elective officers of the
municipality from 4 years to 2 years may be submitted, within the discretion of
the corporate authorities, to the electors of the municipality.  The
proposition shall also be submitted if a petition requesting that action is
signed by electors of the municipality numbering not less than 10% of
the total vote cast at the last election for mayor or president of the
municipality and the petition is filed with the municipal clerk and
certified in accordance with the general election law. The proposition shall be
substantially in the following form:
Shall the term of the elective officers of (name of     municipality) be reduced from 4 years to 2 years?
(b) If a majority of the electors voting on the proposition vote
against it, the terms of the officers shall remain 4 years. If, however,
a majority of those voting on the proposition vote in favor of it, the
officers elected at the next regular election for officers in the
municipality shall hold their offices for a term of 2 years and until
their successors are elected and have qualified, except in the case of
trustees and alderpersons. In the case of alderpersons and trustees:
(i) at the first election of alderpersons or trustees that occurs in
an odd numbered year following the vote to reduce the length of terms,
successors to alderpersons or trustees whose terms expire in that year shall
be elected for a term of one year and until their successors are elected
and have qualified and (ii) thereafter, one-half of the alderpersons or
trustees shall be elected each year for terms of 2 years and until their
successors are elected and have qualified.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-10-70) (from Ch. 24, par. 3.1-10-70)
Sec. 3.1-10-70. 
		Elections for reduced 2 year terms. 
		In municipalities
 that have provided for a 2 year term for elective officers
under Section 3.1-10-65, the first election for municipal officers
shall be held at the next general municipal election following the referendum
at which the terms of the elective officers were reduced.  In those
municipalities,
general elections shall be held annually thereafter.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-10-75) (from Ch. 24, par. 3.1-10-75)
Sec. 3.1-10-75. Referendum to lengthen terms.
(a) In any municipality of
less than 500,000 inhabitants
that, under Section 3.1-10-65, has voted to shorten the terms of
elective officers, a proposition to lengthen the terms of the elective
officers of the municipality from 2 years to 4 years may be submitted,
within the discretion of the corporate authorities, to the electors of
the municipality.
The proposition shall be certified by the municipal clerk to the appropriate
election authorities, who shall submit the proposition at an election in
accordance
with the general election law.  The proposition shall also be submitted at
an election if a petition requesting that action
is signed by electors of the municipality numbering not less than 10% of
the total vote cast at the last election for mayor or president of the
municipality and the petition is filed with the municipal clerk.
The proposition shall be substantially in the
following form:
Shall the term of the elective officers of (name of     municipality) be lengthened from 2 years to 4 years?
(b) If a majority of the electors voting on the proposition vote
against it, the terms of the officers shall remain 2 years. If, however,
a majority of those voting on the proposition vote in favor of it, the
officers elected at the next regular election for officers in the
municipality shall hold their offices for a term of 4 years and until
their successors are elected and have qualified, except in the case of
trustees and alderpersons. In the case of alderpersons and trustees:
 (i) if the first election for alderpersons or trustees, after
approval of the proposition, occurs in an even numbered year, the alderpersons
 or trustees elected in that even numbered year shall serve for
terms of 3 years and until their successors are elected and have qualified, the
terms for successors to those elected at the first even numbered year
election shall be 4 years and until successors are elected and have qualified,
the alderpersons or trustees elected at the first odd numbered year election
next following the first even numbered year election shall serve for
terms of 4 years and until successors are elected and have qualified, and
successors elected after the first odd numbered year shall also serve 4
year terms and until their successors are elected and have qualified and (ii) if
the first election for alderpersons or trustees, after approval of the
proposition, occurs in an odd numbered year, the alderpersons or trustees
elected in that odd numbered year shall serve for terms of 4 years and
until their successors are elected and have qualified, the terms for successors
to those elected at the first odd numbered year election shall be for 4
years and until successors are elected and have qualified, the alderpersons or
trustees elected at the first even numbered year election next following
the first odd numbered year election shall serve for terms of one year
and until their successors are elected and have qualified, and the terms for
successors to those elected at the first odd numbered year election
shall be 4 years and until their successors are elected and have qualified.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/Art. 3.1 Div. 15 heading)
DIVISION 15.  
		ELECTED OFFICERS GENERALLY
(65 ILCS 5/3.1-15-5) (from Ch. 24, par. 3.1-15-5)
Sec. 3.1-15-5. Officers to be elected. In all cities incorporated
under this Code there shall be elected a mayor, alderpersons, a city clerk, and a
city treasurer (except in the case of a city of 10,000 or fewer inhabitants
that, by ordinance, allows for the appointment of a city treasurer by the
mayor, subject to the advice and consent of the city council).  In all villages
and incorporated towns, there shall be elected a president, trustees, and a
clerk, except as otherwise provided in this Code.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-15-10) (from Ch. 24, par. 3.1-15-10)
Sec. 3.1-15-10. 
		Mayor; president. 
		The chief executive officer of a
city shall be a mayor.  The chief executive officer of a village shall be a
village president, who may also be called a mayor.  The chief executive
officer of an incorporated town shall be a president, who may also be
called a mayor.  The chief executive officer shall hold office for 4 years
and until a successor is elected and
has qualified, except in municipalities that have adopted a 2 year term as
provided in Section 3.1-10-65 and except in a village or incorporated town
that, before January 1, 1942, has adopted a 2 year term for the chief
executive officer.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-15-15) (from Ch. 24, par. 3.1-15-15)
Sec. 3.1-15-15. Holding other offices. A mayor, president, alderperson, trustee, clerk, or
treasurer shall not hold
any other office under the municipal government during
the term of that office, except when the officer is granted a leave of absence
from that office or
except as otherwise provided in Sections 3.1-10-50, 3.1-35-135, and 8-2-9.1.
 Moreover, an officer may serve as a volunteer fireman and receive compensation
for
that service.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-15-20) (from Ch. 24, par. 3.1-15-20)
Sec. 3.1-15-20. 
		Administering oaths. 
		The mayor of a city, the
president of a village or
incorporated town, the clerk, the chairman of a plan commission, and the
chairman of a zoning board of appeals of a municipality have power to
administer oaths and affirmations on all lawful occasions.  The corporate
authorities by ordinance may authorize other municipal officers to
administer oaths.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-15-25) (from Ch. 24, par. 3.1-15-25)
Sec. 3.1-15-25. Conservators of the peace; service of warrants.
(a) After receiving a certificate attesting to the successful completion
of
a training course administered by the Illinois Law Enforcement Training
Standards Board, the mayor, alderpersons,
president, trustees, marshal, deputy
marshals, and policemen in municipalities shall be conservators
of the peace.  Those persons and others authorized by
ordinance shall have power (i) 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, (ii) to commit
arrested persons for examination, (iii) if necessary, to detain arrested
persons in custody over night or Sunday in any safe place or until they
can be brought before the proper court, and (iv) to exercise all other
powers as conservators of the peace prescribed by the corporate authorities.
(b) 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 or marshal of the
municipality. For that purpose, policemen and marshals have all the
common law and statutory powers of sheriffs.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-15-30) (from Ch. 24, par. 3.1-15-30)
Sec. 3.1-15-30. Minority representation.
(a) Whenever the question of
incorporation as a city under
this Code is submitted for adoption to the electors of any territory,
village, incorporated town, or city under special charter, there may be
submitted at the same time for adoption or rejection the question of
minority representation in the city council. The proposition shall be
in the following form:
Shall minority representation in the city council be     adopted?
(b) If a majority of the votes cast on the question at any election are
for minority representation in the city council, the members of the city
council, except as otherwise provided, thereafter shall be elected as
provided in Section 3.1-15-35.
(c) The city council, at least 30 days before the first day fixed
by law for the filing of candidate petitions for the next general municipal
election, shall apportion the city by dividing its population,
as ascertained by an official publication of any national,
state, school, or city census, by any number not less than 2 nor more
than 6. The quotient shall be the ratio of representation in the city
council. Districts shall be formed of contiguous and compact territory
and contain, as near as practicable, an equal number of inhabitants.
(d) If a majority of the votes cast on the question at any election are
against minority representation in the city council, the members of the
city council shall be elected as otherwise provided in this Code.
(e) At any time after the incorporation of a city under this
Code, on petition of electors equal in number to one-eighth the number
of legal votes cast at the next preceding general municipal election,
the city clerk shall certify
the question of the adoption or
retention of minority representation to the proper election authority
for submission to the electors of that city. The proposition
shall be in the same form as provided in this Section, except
that the word "retained" shall be substituted for the word "adopted"
when appropriate. A question of minority representation, however, shall not be
submitted more than once within 32 months.
(f) If the city council of any city adopting minority representation
as provided in this Section has not fixed a ratio of representation and
formed the districts by the time specified in this Section, those acts
may be done by any later city council.  All official acts
done and ordinances passed by a city council
elected at large by the electors of a city that has adopted a
minority representation plan shall be as valid and binding as if the alderpersons
 had been elected from districts.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-15-35) (from Ch. 24, par. 3.1-15-35)
Sec. 3.1-15-35. Alderpersons under minority representation plan. Every
district under a minority representation plan shall be entitled to 3 alderpersons. Alderpersons
 shall hold their offices for 4 years and until their successors have
been elected and qualified, except in cities that have adopted a 2 year term
under Section 3.1-10-65. There shall be elected in each district as many alderpersons
 as the district is entitled to. In all of these elections for alderpersons, each elector may cast as many votes as there are alderpersons to be
elected in the elector's district, or may distribute his or her votes, or equal
parts of the votes, among the candidates as the elector sees fit. The candidate
highest in votes is elected if only one alderperson is elected; the candidates
highest and next highest in votes are elected if only 2 alderpersons are elected;
and the 3 highest candidates in votes are elected when 3 alderpersons are elected.
Vacancies shall be filled as provided in Sections 3.1-10-50 and 3.1-10-55 by
either interim election or appointment.  An appointment to fill a vacancy shall
be made within 60 days after the vacancy occurs.  The requirement that an
appointment be made within 60 days is an exclusive power and function of the
State and is a denial and limitation under Article VII, Section 6, subsection
(h) of the Illinois Constitution of the power of a home rule municipality to
require that an appointment be made within a different period after the vacancy
occurs.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-15-40) (from Ch. 24, par. 3.1-15-40)
Sec. 3.1-15-40. Staggered elections under minority plans. In all
cities
that adopt or have adopted the minority representation plan for the
election of alderpersons and have
not already staggered the terms of their alderpersons, the city council may
provide by ordinance that at any ensuing general municipal election
for city officers the alderpersons in every alternate district shall be elected
for one term of 2 years and, at the expiration of that term of 2 years,
for regular terms of 4 years. This Section does not prohibit a city from
voting in favor of a 2 year term for city officers as provided in Section
3.1-10-65. The provisions of the general election law shall govern elections
under this Section.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/Art. 3.1 Div. 20 heading)
DIVISION 20.  
		ELECTED CITY OFFICERS
(65 ILCS 5/3.1-20-5) (from Ch. 24, par. 3.1-20-5)
Sec. 3.1-20-5. 
		Clerk and treasurer. 
		The city clerk and the city treasurer
shall be elected at the same time that the mayor is elected, except in the case
of an election to fill a mayoral vacancy and except in the case of a city
having 10,000 or fewer inhabitants in which, by ordinance, the position of city
treasurer is an appointed position. If a vacancy occurs in the office of city
clerk or city treasurer, it shall be filled by the mayor with the advice and
consent of the city council. The person so appointed shall hold office for the
unexpired term of the officer elected.
(Source: P.A. 87-1119; 88-572, eff. 8-11-94.)
(65 ILCS 5/3.1-20-10) (from Ch. 24, par. 3.1-20-10)
Sec. 3.1-20-10. Alderpersons; number.
(a) Except as otherwise provided in this
Section, Section 3.1-20-20, or as otherwise provided in the case of alderpersons-at-large,
the number of alderpersons, when not elected by the minority
representation plan, shall be determined using the most recent federal decennial census results as follows:
(1) in cities not exceeding 3,000 inhabitants, 6     alderpersons;
(2) in cities exceeding 3,000 but not exceeding     15,000, 8 alderpersons;
(3) in cities exceeding 15,000 but not exceeding     20,000, 10 alderpersons;
(4) in cities exceeding 20,000 but not exceeding     50,000, 14 alderpersons;
(5) in cities exceeding 50,000 but not exceeding     70,000, 16 alderpersons;
(6) in cities exceeding 70,000 but not exceeding     90,000, 18 alderpersons; and
(7) in cities exceeding 90,000 but not exceeding     500,000, 20 alderpersons.
(b) Instead of the number of alderpersons set forth in subsection (a), a
municipality with 15,000 or more inhabitants may adopt, either by ordinance
or by resolution, not more than one year after the municipality's receipt of the new federal decennial census
results, the following number of alderpersons: in cities exceeding 15,000 but not
exceeding 20,000, 8 alderpersons; exceeding 20,000 but not
exceeding 50,000, 10 alderpersons; exceeding 50,000 but not exceeding 70,000, 14 alderpersons; exceeding 70,000 but not exceeding 90,000, 16 alderpersons; and exceeding
90,000 but not exceeding 500,000, 18 alderpersons.
(c) Instead of the number of alderpersons set forth in subsection (a), a
municipality with 40,000 or more inhabitants may adopt, either by ordinance
or by resolution, not more than one year after the municipality's receipt of the new federal decennial census
results, the following number of alderpersons: in cities exceeding 40,000 but
not exceeding 50,000, 16 alderpersons.
(d) If, according to the most recent federal decennial census results, the population of a municipality increases or decreases under this Section, then the municipality may adopt an ordinance or resolution to retain the number of alderpersons that existed before the most recent federal decennial census results.  The ordinance or resolution may not be adopted more than one year after the municipality's receipt of the most recent federal decennial census results.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-20-15) (from Ch. 24, par. 3.1-20-15)
Sec. 3.1-20-15. Division into wards. Except as otherwise provided in
Section 3.1-20-20, every city shall
have one-half as many wards as the total number of alderpersons to which the
city is entitled. The city council, from time to time, shall divide the city
into that number of wards.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-20-20) (from Ch. 24, par. 3.1-20-20)
Sec. 3.1-20-20. Alderpersons; restrict or reinstate number.
(a) In a city of less than 100,000 inhabitants, a
proposition to restrict the number of alderpersons to one-half of the total
authorized by Section 3.1-20-10, with one alderperson representing each ward,
shall be certified by the city clerk to the proper election authorities,
who shall submit the proposition at an election in accordance with the general
election law, if a petition requesting that action
is signed by electors of the city numbering not less than 10% of the
total vote cast at the last election for mayor of the city and the petition
is filed with the city clerk.
The proposition shall be substantially in the
following form:
Shall (name of city) restrict the number of     alderpersons to (state number) (one-half of the total authorized by Section 3.1-20-10 of the Illinois Municipal Code), with one alderperson representing each ward?
If a majority of those voting on the proposition vote in favor of
it, all existing terms of alderpersons shall expire as of the date of the
next regular election of alderpersons, at which time a full complement of alderpersons
 shall be elected for the full term.
(b) In a city of less than 100,000 inhabitants, a
proposition to restrict the number of alderpersons to
one alderperson per ward, with one alderperson representing each ward,
plus an additional number of alderpersons not to exceed the number of
wards in the city to be elected at large, shall be certified by the city
clerk to the proper election authorities,
who shall submit the proposition at an election in accordance with the general
election law, if a petition requesting that action
is signed by electors of the city numbering not less than 10% of the
total vote cast at the last election for mayor of the city and the petition
is filed with the city clerk.
The proposition shall be substantially in the
following form:
Shall (name of city) restrict the number of     alderpersons to (number), with one alderperson representing each ward, plus an additional (number) alderperson  (alderpersons) to be elected at large?
If a majority of those voting on the proposition vote in favor of
it, all existing terms of alderpersons shall expire as of the date of the
next regular election of alderpersons, at which time a full complement of alderpersons
 shall be elected for the full term.
(c) In a city of less than 100,000 inhabitants where a proposition
under subsection (a) or (b) has been successful, a proposition to reinstate the
number of alderpersons in accordance with Section 3.1-20-10 shall be certified by
the city clerk to the proper election authorities, who shall submit the
proposition at an election in accordance with the general election law, if a
petition requesting that action has been signed by electors of the city
numbering not less than 10% of the total vote cast at the last election for
mayor of the city and the petition has been filed with the city clerk.
The election authority must submit the proposition in substantially
the following form:
Shall (name of city) reinstate the number of     alderpersons to (number of alderpersons allowed by Section 3.1-20-10)?
The election authority must record the votes as "Yes" or "No".
If a majority of the electors voting on the proposition vote in the
affirmative, then, if the restriction in the number of alderpersons has taken
effect, all existing terms of alderpersons shall expire as of the date of the next
regular election of alderpersons, at which time a full complement of alderpersons shall
be elected for the full term and thereafter terms shall be determined in
accordance with Section 3.1-20-35.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-20-22) (from Ch. 24, par. 3.1-20-22)
Sec. 3.1-20-22. Alderpersons; staggered terms. In any city of less than
100,000 inhabitants, a
proposition to stagger the terms of alderpersons, with as nearly as possible
one-half of the alderpersons elected every 2 years, shall be certified by the
city clerk to the proper election authority, who shall submit the
proposition at an election in accordance with the general election law, if
a petition requesting that action is signed by electors of the city
numbering at least 10% of the total vote cast at the last election for mayor of
the
city and is filed with the city clerk.
The ballot shall have printed on it, but not as a part of the
proposition submitted, the following information for voters: one alderperson 
elected from each even-numbered ward shall serve a term of 2 years; one alderperson
 elected from each odd-numbered ward shall serve a term of 4 years.
The proposition shall be substantially in the following form:
Shall (name of city) adopt a system of staggered     terms for alderpersons?
If a majority of those voting on the proposition vote in favor of it, then at
the next regular election for alderpersons one alderperson shall be elected from
each even-numbered ward for a term of 2 years and one alderperson shall be
elected from each odd-numbered ward for a term of 4 years.  Thereafter,
their successors shall be elected for terms of 4 years.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-20-25) (from Ch. 24, par. 3.1-20-25)
Sec. 3.1-20-25. Redistricting a city.
(a) In the formation of wards, the number of
inhabitants of the city
immediately preceding the division of the city into wards shall be
as nearly equal in population, and the wards shall be of as compact and
contiguous territory, as practicable. Wards shall be created in a
manner so that, as far as practicable, no precinct shall be divided between
2 or more wards.
(b) Whenever an official
decennial census shows that a city contains more or fewer wards than it is
entitled to, the city council of the city, by ordinance, shall redistrict
the city into as many wards as the city is entitled.  This
redistricting shall be completed not less than 30 days before the first day
set by the general election law for the filing of candidate petitions for
the next succeeding election for city officers.  At this election there
shall be elected the number of alderpersons to which the city is entitled,
except as provided in subsection (c).
(c) If it appears from any official decennial census
that it is necessary to redistrict under subsection (b) or for any other reason, the city council shall
immediately proceed to redistrict the city
and shall hold the next city election in
accordance with the new redistricting. At this election the alderpersons whose
terms of office are not expiring shall be considered alderpersons for the new
wards respectively in which their residences are situated.  At this election, in a municipality that is not a newly incorporated municipality, a  candidate for alderperson may be elected from any ward that contains a part of the ward in which he or she resided  at least one year next preceding the election that follows the redistricting,
and, if elected, that person may be reelected from the new ward he or she represents if he or she
resides in that ward for at least one year next preceding reelection. If there are 2
or more alderpersons with terms of office not expiring and residing in the same
ward under the new redistricting, the alderperson who holds over for that ward
shall be determined by lot in the presence of the city council, in the
manner directed by the council, and all other alderpersons shall fill
their unexpired terms as alderpersons-at-large. The alderpersons-at-large, if any,
shall have the same powers and duties as all other alderpersons, but upon the
expiration of their terms the offices of alderpersons-at-large shall be abolished.
(d) If the redistricting results in one or more wards in which no alderpersons 
reside whose terms of office have not expired, 2 alderpersons shall be elected
in accordance with Section 3.1-20-35, unless the city elected only one alderperson
 per ward pursuant to a referendum under subsection (a) of Section
3.1-20-20.
(e) A redistricting ordinance that has decreased the number
of wards of a city because of a decrease in population of the city shall
not be effective if, not less than 60 days before the time fixed for
the next succeeding general municipal election, an official
census is officially published that shows that the city has regained a
population that entitles it to the number of wards that it had just
before the passage of the last redistricting ordinance.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-20-30) (from Ch. 24, par. 3.1-20-30)
Sec. 3.1-20-30. Validation of actions. After an official census is
officially published, if a city
is divided into a greater number of wards and has elected a greater number
of alderpersons than the city is entitled to, the division and
election shall, nevertheless, be valid and all acts, resolutions, and
ordinances of the
city council of that city, if in other respects in compliance with law, are
valid.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-20-35) (from Ch. 24, par. 3.1-20-35)
Sec. 3.1-20-35. Determining terms.
(a) Alderpersons elected at the first election for city officers after
the election of alderpersons for the initial terms provided for in Section
2-2-11 shall draw lots to determine which alderpersons in each ward
shall hold office for a 4 year term, and until a successor is elected and has
qualified, and which alderpersons in each ward shall hold office for a 2 year
term, and until a successor is elected and has qualified. All alderpersons 
thereafter elected
shall hold office for a term of 4 years, and until their successors are
elected and have qualified, except in cities that adopt a 2 year term
under Section 3.1-10-65 and except as otherwise provided in Section
3.1-20-20.
(b) If a city that has had the minority representation plan has voted not
to retain the plan, then at the first election for city officers following
the vote 2 alderpersons shall be elected from each ward in the city and their
terms shall be staggered in the manner set forth in subsection (a).
The
tenure of these alderpersons and their successors shall be the same as that
stated in subsection (a).
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-20-40) (from Ch. 24, par. 3.1-20-40)
Sec. 3.1-20-40. Other officers; election rather than appointment. 
Instead of providing for the appointment of the
following officers as provided in Section 3.1-30-5, the city council, in
its discretion, may provide by ordinance passed by a two-thirds vote of
all the alderpersons elected for the election by the electors of the city of
a city collector, a city marshal, a city superintendent of streets, a
corporation counsel, a city comptroller, or any of them, and any other
officers which the city council considers necessary or expedient. By
ordinance or resolution, to take effect at the end of the current fiscal
year, the city council, by a like vote, may discontinue any office so
created and devolve the duties of that office on any other city
officer. After discontinuance of an office, no officer filling that office
before its discontinuance shall have any claim against the city for salary
alleged to
accrue after the date of discontinuance.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-20-45)
Sec. 3.1-20-45. Nonpartisan primary elections; uncontested office. A city
incorporated under this Code that elects municipal officers at nonpartisan
primary and
general elections shall conduct the elections as provided in the Election Code,
except that
no office for which nomination is uncontested shall be included on the primary
ballot and
no primary shall be held for that office.  For the purposes of this Section, an
office is
uncontested when not more than 4

persons to be nominated for each
office
have timely filed valid nominating papers seeking nomination for the election
to that
office.
Notwithstanding any other provision of law, when a person (i) who has not timely
filed valid nomination papers and (ii) who intends to become a write-in
candidate for
nomination for any office for which nomination is uncontested files a written
statement
or notice of that intent with the proper election official with whom the
nomination papers
for that office are filed, no primary ballot shall be printed. Where no primary is held, a person intending to become a write-in candidate at the general primary election shall refile a declaration of intent to be a write-in candidate for the general election with the appropriate election authority or authorities.
If there is a primary election, then candidates shall be placed on the ballot for the next succeeding general municipal election in the following manner:
(1) If one officer is to be elected, then the 2     candidates who receive the highest number of votes shall be placed on the ballot for the next succeeding general municipal election.
(2) If 2 alderpersons are to be elected at large,     then the 4 candidates who receive the highest number of votes shall be placed on the ballot for the next succeeding general municipal election.
(3) If 3 alderpersons are to be elected at large,     then the 6 candidates who receive the highest number of votes shall be placed on the ballot for the next succeeding general municipal election.
The name of a write-in candidate may not be placed on the ballot for the next succeeding general municipal election unless he or she receives a number of votes in the primary election that equals or exceeds the number of signatures required on a petition for nomination for that office or that exceeds the number of votes received by at least one of the candidates whose names were printed on the primary ballot for nomination for or election to the same office.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/Art. 3.1 Div. 25 heading)
DIVISION 25.  
		ELECTED VILLAGE AND INCORPORATED TOWN OFFICERS
(65 ILCS 5/3.1-25-5) (from Ch. 24, par. 3.1-25-5)
Sec. 3.1-25-5. 
		Trustees; terms. 
		In each village incorporated
under this Code, the electors of the village shall elect 6 trustees. The term
of
office of the trustees shall be 4 years and until their successors are elected
and have qualified.  Trustees elected at the first election for village
officers after a village is incorporated, however, shall by lot designate
one-half of their number, whose terms shall be 2 years and until their
successors are elected and have qualified.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-25-10) (from Ch. 24, par. 3.1-25-10)
Sec. 3.1-25-10. 
		Village board; composition; referendum. 
		Any village
board of a village of under 5,000 population
incorporated under this Code may by resolution provide for a referendum
on the question of whether the board of trustees
shall be comprised of 4 members rather than 6 members.  The referendum
shall be held in accordance with the general election law.  If a majority
of those voting on the
question vote in favor of reducing the number of trustees
from 6 to 4, the number of trustees shall be reduced to 4.  In order to
provide for the transition from 6 member boards to 4 member boards, 2 trustees
shall be elected at the general municipal election
in each odd numbered year after the adoption of the referendum when trustees
are elected for 4 year terms and at the general municipal
election in each year after the adoption of the referendum
when trustees are elected for 2 year terms.  Any village that
changes from a 6 member board to a 4 member board may thereafter return
to a 6 member board by the same procedure.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-25-15) (from Ch. 24, par. 3.1-25-15)
Sec. 3.1-25-15. 
		President and trustees; general election.
(a) The election for the president
in villages shall be held at
the general municipal election in accordance with the general election law.
(b) The election for trustees in villages shall be held in accordance
with the general election law, except as provided in Section 3.1-25-70.
(c) The day upon which the elections provided for in this Section are to be
held is subject to the provisions of the general
election law.
(d) Every village or incorporated town incorporated and existing
under a special Act that has, before the effective date of this amendatory
Act of 1992, held a general municipal election
in even numbered years may continue to do so.  Every village or incorporated
town may also hold annual municipal elections if it is necessary to comply
with the provisions of Section 3.1-25-70.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-25-20) (from Ch. 24, par. 3.1-25-20)
Sec. 3.1-25-20. 
		Primary election. 
		A village incorporated under this Code shall
nominate and elect candidates for president and trustees in nonpartisan
primary and general elections as provided in Sections 3.1-25-20 through
3.1-25-55
until the electors of the village vote to require the partisan election of
the president and trustees at a referendum in the manner provided in
Section 3.1-25-65 after January 1, 1992.
The
provisions of Sections 3.1-25-20 through 3.1-25-55 shall
apply to all villages incorporated under this Code that have operated
under those Sections without the adoption of those provisions by the
referendum provided in Section 3.1-25-60 as well as those villages that have
adopted those provisions by the referendum provided in Section 3.1-25-60
until
the electors of those villages vote to require the partisan election of the
president and trustees in the manner provided in Section 3.1-25-65.
Villages that have nominated and elected candidates for president and
trustees in partisan elections prior to January 1, 1992, may continue to
hold partisan elections without conducting a referendum in the manner
provided in Section 3.1-25-65.
All
candidates for nomination to be voted for at all general municipal elections
at which a president or trustees, or both, are to be elected under this
Article shall be nominated from the village at large by a primary election.
Notwithstanding any other provision of law, no primary shall be held in any
village when the nomination for every office to be voted upon by the electors
of the village is uncontested.  If the nomination of candidates is uncontested
as to one or more, but not all, of the offices to be voted upon by the electors
of the village, then a primary must be held in the village, provided that the
primary ballot shall not include those offices in the village for which the
nomination is uncontested.  For the purposes of this Section, an office is
uncontested when not more than the number of persons to be nominated to the
office have timely filed valid nominating papers seeking nomination for
election to that office.
Notwithstanding the preceding paragraph, when a person (i) who has not timely
filed valid nomination papers and (ii) who intends to become a write-in
candidate for nomination for any office for which nomination is uncontested
files a written statement or notice of that intent with the proper election
official with whom the nomination papers for that office are filed, a primary
ballot must be prepared and a primary must be held for the office.  The
statement or notice must be filed on or before the 61st day before the
consolidated primary election.  The statement
must contain (i) the name and address of the person intending to become a
write-in candidate, (ii) a statement that the person intends to become a
write-in candidate, and (iii) the office the person is seeking as a write-in
candidate.  An election authority has no duty to conduct a primary election or
prepare a primary ballot unless a statement meeting the requirements of this
paragraph is filed in a timely manner.
Only the names of those persons nominated in the manner prescribed in
Sections 3.1-25-20 through 3.1-25-65 shall be placed on
the ballot at the general municipal election.
The village clerk shall certify the offices to be filled and the candidates
for those offices to the proper election authority
as provided in the general election law.  A primary for those offices, if
required, shall be held in accordance with
the general election law.
(Source: P.A. 91-57, eff. 6-30-99.)
(65 ILCS 5/3.1-25-30) (from Ch. 24, par. 3.1-25-30)
Sec. 3.1-25-30. 
		Petition of candidacy. 
		The petition in the nomination papers shall contain
a number of signatures of electors residing within the same village as the
candidate equal to at least 1% of the total vote cast at the last preceding
election in the village for president.  The petition shall be in substantially
the form provided in the general election law.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-25-35) (from Ch. 24, par. 3.1-25-35)
Sec. 3.1-25-35. Primary ballots. The proper election authority, in
accordance with the general
election law, shall have the primary ballots printed in the same manner, in
the same number, and within the same time as ballots are printed under the
general election law, except as otherwise provided in this Code.  If the office
of president is to be filled in the succeeding general municipal election,
the names of the candidates for president shall be placed first on the primary
ballots, in substantially the form specified in this Section.  Following these
names
shall appear the names of the candidates for trustees in substantially the
form specified in this Section.  The primary ballots shall comply with the
general election law, except as otherwise provided in this Code.  The ballots
shall designate no party, platform, political principle, appellation, or
mark, nor shall any circle be printed at the head of the primary ballots.
The primary ballots shall be in substantially the following form:
OFFICIAL PRIMARY BALLOT
CANDIDATES FOR NOMINATION
FOR (PRESIDENT AND)
TRUSTEES OF (NAME OF VILLAGE)
AT THE PRIMARY ELECTION.
FOR PRESIDENT
(VOTE FOR ONE)
HENRY WHITE
JAMES SMITH
LARRY FRANG
RALPH WILSON
FOR TRUSTEES
(VOTE FOR NOT MORE THAN (NUMBER))
THOMAS WILLIAMS
WILLIAM BURKE
ALEXANDER HAMILTON
EDWARD STUART
MARY KURTIS
G.E. HAUSMANN
ARTHUR ROBBINS
MARK TANDY
HARRY BROWN
JOSEPH TROUT
IMMANUEL KANT
ROBERT BUCK
GEORGE MILLER
SARAH TOLLER
(Source: P.A. 95-862, eff. 8-19-08.)
(65 ILCS 5/3.1-25-40) (from Ch. 24, par. 3.1-25-40)
Sec. 3.1-25-40. Ballots.
(a) If the office of president is to be filled, only the names
of the 4
 candidates receiving the highest number of votes for president
shall be placed on the ballot for president at the next succeeding general
municipal election.  The names of candidates in a number equal to 4
 times
the number of trustee positions to be filled receiving the highest number of
votes for
trustee, or the names of all candidates if less than 4

times the number
of trustee positions to be filled, shall be placed on the ballot for that
office at the municipal election.
(b) An elector, however, at either a primary election or a general municipal
election held under Sections 3.1-25-20 through 3.1-25-55, may write in
the names of the candidates of that elector's choice in accordance with the general
election law.  If, however, the name of only one candidate for a particular
office appeared on the primary ballot, the name of the person having the
largest number of write-in votes shall not be placed upon the ballot at
the general municipal election unless the number of votes received in the
primary election by that person was at least 10% of the number of votes received
by the candidate for the same office whose name appeared on the primary ballot.
(c) If a nominee at a general primary election dies or withdraws before the general
municipal election, there shall be placed on the ballot the name of the
candidate receiving the next highest number of votes, and so on in case of
the death or withdrawal of more than one nominee.
(d) If in the application of this Section there occurs the condition
provided
for in Section 3.1-25-45, there shall be placed on the ballot the name
of the candidate who was not chosen by lot under that Section where one
of 2 tied candidates had been placed on the ballot before the death or
withdrawal occurred.  If, however, in the application of this Section, the
candidate with the next highest number of votes cannot be determined because
of a tie among 2 or more candidates, the successor nominee whose name shall
be placed on the ballot shall be determined by lot as provided in Section
3.1-25-45.
(Source: P.A. 95-699, eff. 11-9-07.)
(65 ILCS 5/3.1-25-45) (from Ch. 24, par. 3.1-25-45)
Sec. 3.1-25-45. 
		Nomination; determination by lot. 
		If, upon the
canvass
of the returns of the primary election
specified in Section 3.1-25-20, the canvassing board finds that there are tied
candidates for president or trustee so that the appropriate number of
candidates
receiving the highest number of votes cannot be determined, the canvassing
board shall determine by lot which of the tied candidates shall be nominated
for the positions for which they are tied.
In these cases the canvassing board shall issue to the tied candidates
written notice of the tie vote, stating in the notice the place, the day (which
shall not be more than 5 days thereafter), and the hour when the nomination
is to be so determined.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-25-50) (from Ch. 24, par. 3.1-25-50)
Sec. 3.1-25-50. General election; ballot positions. On the ballots
for the general municipal election, if the
office of president is to be filled, the names of the nominees for president
shall be placed first, in substantially the form specified in this Section.
Following
these names, the names of the nominees for trustees shall appear under each
office, in substantially the form specified in this Section.
The ballots shall be in the form provided by the general election law,
except as otherwise provided in this Code, but they shall designate no party,
platform, political principle, appellation, or mark, nor shall
any circle be printed at the head of the ballots.  The ballots shall be in
substantially the following form:
OFFICIAL BALLOT
NOMINEES FOR (PRESIDENT AND) TRUSTEES OF (NAME OF
VILLAGE) AT THE GENERAL MUNICIPAL ELECTION
FOR PRESIDENT
(VOTE FOR ONE)
JAMES SMITH
LARRY FRANG
FOR TRUSTEES
(VOTE FOR NOT MORE THAN (NUMBER))
EDWARD STUART
ROBERT BUCK
GEORGE MILLER
WILLIAM BURKE
ARTHUR ROBBINS
HARRY BROWN
(Source: P.A. 95-862, eff. 8-19-08.)
(65 ILCS 5/3.1-25-55) (from Ch. 24, par. 3.1-25-55)
Sec. 3.1-25-55. 
		General election; election contests. 
		All general
municipal elections under Sections 3.1-25-20 through 3.1-25-50 shall be held,
conducted, and contested under the
general election law, except that the contest of the election of president
and trustees shall be conducted in the circuit court and the board of trustees
shall not be the judge of the election and qualification of its members.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-25-60) (from Ch. 24, par. 3.1-25-60)
Sec. 3.1-25-60. 
		Referendum to require primary elections. 
		Any village
incorporated under this Code that has not
adopted the provisions of Section 3.1-25-45 or Articles 4, 5, or 6 of this Code
may,
by a vote of the electors of the village as provided in this Section, elect to
require
candidates for president and trustees to run in primary elections as provided
in Sections 3.1-25-20 through 3.1-25-55.
The question of requiring candidates for president and trustees to run
in primary elections as provided in Sections 3.1-25-20 through 3.1-25-55 shall
be certified by the village clerk to the proper election authority, who shall
submit the proposition to the electors of the village upon a resolution
adopted by the council or upon petition filed with the village clerk and
signed by electors of the village equal in number to at least 10% of the
number of votes cast for the candidates for president at the last preceding
general municipal election.  The proposition shall be in substantially the
following form:
Shall candidates for president and trustees of (name     of village) be elected in nonpartisan primary and general elections?
If a majority of the electors in the village voting on the question
vote in the affirmative, candidates for president and trustees of the village
shall be elected as provided in Sections 3.1-25-20 through 3.1-25-55.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-25-65) (from Ch. 24, par. 3.1-25-65)
Sec. 3.1-25-65. 
		Referendum to discontinue primary elections. 
		Any
village operating under the provisions of Sections 3.1-25-20 through 3.1-25-55
may by referendum elect to have the president and trustees nominated and
elected at partisan primary and general elections.
The question may be submitted to the electors of the village by the council
or upon a petition signed by electors of the village equal in number to
at least 10% of the number of votes cast for candidates for president at
the last preceding general municipal election.  The question shall be certified
by the village 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 president and trustees of (name     of village) no longer be elected in nonpartisan primary and general elections?
If a majority of the electors in the village voting on the question
vote in the affirmative, candidates for president and trustees shall no
longer be elected as provided in Sections 3.1-25-20 through 3.1-25-55.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-25-70) (from Ch. 24, par. 3.1-25-70)
Sec. 3.1-25-70. Trustees under special Acts.
(a) In every village and
incorporated town incorporated and
existing under any special Act that, before June 4, 1909, pursuant to
any special Act, annually elected members of its legislative body, the
electors in the village or incorporated town, instead of the legislative
body now provided for by law,
shall elect 6 trustees. They shall hold their offices until their
respective successors are elected and have qualified. At the first meeting
of this board of 6 trustees, the terms of office of the trustees shall be
staggered, and thereafter shall be for the same length of time as provided
for alderpersons in Section 3.1-20-35.
(b) The electors of the village or incorporated town may, however, adopt
a 2 year term for their trustees as provided in Section 3.1-10-65. If this 2
year term is adopted, then at the next general municipal election in the
adopting village or incorporated town, 3 trustees shall be elected, and they
shall hold their offices for terms of one year each. In the next succeeding
year, and in each year thereafter, 3 trustees shall be elected in the
adopting village or incorporated town, and they shall hold their offices
for terms of 2 years each.
(c) A village or incorporated town that, before January 1, 1942, has
adopted a 2 year term for its trustees and is now electing 3 trustees each
year shall continue to elect 3 trustees each year for a term of 2 years
each. A village or incorporated town that, before January 1, 1942,
has adopted a 2 year term for its trustees but is not now electing 3
trustees each year shall elect 3 trustees at the next general municipal
election in that municipality, and they shall hold their offices for terms
of one year each. In the next succeeding year, and in each year thereafter,
3 trustees shall be elected, and they shall hold their offices for terms of
2 years each.
(d) This Section shall not apply to or change the method of election of the
members of the legislative body of incorporated towns that have superseded
civil townships.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-25-75) (from Ch. 24, par. 3.1-25-75)
Sec. 3.1-25-75. Districts; election of trustees.
(a) After a village with a
population of 5,000 or more adopts the
provisions of this Section in the manner prescribed in Section 3.1-25-80,
the board of trustees by ordinance shall divide and, whenever
necessary thereafter, shall redistrict the village into 6 compact and
contiguous districts of approximately equal population as required by law.
This redistricting
shall be completed not less than 30 days before the first day for the filing
of nominating petitions for the next succeeding election of village officers
held in accordance with the general election law.
(b) Each of the districts shall be represented by one trustee who shall have
been an actual resident of the district for at least 6 months immediately
before his or her election in the first election after a redistricting, unless the trustee is a resident of a newly incorporated municipality.
Only the electors of a district shall elect the
trustee from that
district.
(c) The provisions of this Code relating to terms of office of alderpersons in
cities shall also apply to the terms of office of trustees under this
Section.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-25-80) (from Ch. 24, par. 3.1-25-80)
Sec. 3.1-25-80. 
		Referendum; districting and election of trustees. 
		If
a
petition signed by not less than 5% of the electors
of a village with a population of 5,000 or more requests that the
question of districting the village and electing trustees, one from each
district, be submitted to the electors of the village, this question
shall be certified by the municipal clerk to the proper election authority,
who shall submit the proposition at the next general state or municipal
election in the village.  The petition shall be presented in accordance
with the general election law.
The proposition
shall be in substantially the following form:
Shall the village be divided into 6 districts with     one trustee elected from each district?
If the question receives the favorable vote of a
majority of all votes cast on the proposition, the board of trustees
shall proceed to district the village, and the election of trustees for
the village thereafter shall be in accordance with Section 3.1-25-75.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-25-85) (from Ch. 24, par. 3.1-25-85)
Sec. 3.1-25-85. 
		Method of election of trustees; abandonment. 
		Any
municipality that has operated for more than 4 years
under the provisions of Section 3.1-25-75 may abandon its method of electing
trustees under that Section and elect its trustees under the provisions
of Section 3.1-25-5 then applicable to villages, by proceeding under this
Section.
When a petition signed by not less than 5% of the electors of the
village requests that the question of abandoning the method of electing
trustees from districts be submitted to the electors of the village,
this question shall be certified by the municipal clerk to the appropriate
election authority, who shall submit the proposition at
the next general municipal election
in the village. The petition shall be presented in accordance with the
general election law.
The proposition shall be in substantially the following form:
Shall (name of village) abandon the method of     electing trustees from districts so that trustees shall be hereafter elected on a village wide basis?
If a majority of the votes cast on this proposition are in favor of
it, the trustees elected at the next succeeding general
municipal election shall be elected in the manner then prescribed by
Section 3.1-25-5. The trustees who have been duly elected, have qualified, and
who are acting at the time this proposition takes effect shall continue
in office until their respective terms expire or until they cease to
function as trustees.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-25-90) (from Ch. 24, par. 3.1-25-90)
Sec. 3.1-25-90. 
		Election or appointment of clerk; term; vacancy.
(a) Any village of
fewer than 5,000 inhabitants may, by resolution
adopted by not less than two-thirds of the village board, choose to have
a clerk appointed by the village president with the concurrence of the village
board.  Otherwise, at the election for trustees in each village and
incorporated
town, whether incorporated under a general or special Act (other than a village
that was incorporated under a special Act and that adopts Section 3.1-30-25),
a clerk of the village or incorporated town shall be elected who shall hold
office for a term of the same length of time as provided in this Article
3.1 for the mayor in a city, except that any such village or incorporated
town that, before January 1, 1942, has adopted a 2 year term for village clerk
shall continue to elect a village clerk for a term of 2 years. Whenever
a vacancy in the office of a clerk elected under this Section occurs during
the term, the vacancy shall be filled for the remainder of the term at the
next general municipal election as provided by Section 3.1-10-50.  During the
period from the time the vacancy occurs until a clerk is elected as
provided in this Section and has qualified, the vacancy may be filled by
the appointment of an acting clerk by the president with the advice and
consent of the trustees.
(b) In any village where the clerk is appointed as provided in this
Section, the clerk may later be elected, but only after a referendum initiated
and held as provided in this Section. The question of whether the
village clerk shall be elected, rather than appointed, shall be submitted to
the electors of the village upon the filing of a petition with the village clerk signed by
  electors equal
in number to at least 10% of the highest number of votes cast for any
candidate for village office at the last preceding municipal election. The
question shall be certified by the village 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 the clerk in (name of village) be elected,     rather than appointed?
If a majority of the electors in the village voting on the question
vote in the affirmative, the village clerk shall thereafter be elected.  If
a majority of the electors voting on the question vote in
the negative, the village clerk shall continue to be appointed.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-25-95) (from Ch. 24, par. 3.1-25-95)
Sec. 3.1-25-95. 
		Incorporated town officers. 
		For the general municipal
election to be held
in the year 1985 in every incorporated town with a population
of 25,000 or more by the last official census, and every 4 years thereafter,
the municipal clerk shall certify the names of the candidates
to the proper election authority as provided by the general election
law.  A president, a clerk, an assessor, a
collector, and a supervisor shall be elected for a term of 4 years
and until their successors are elected
and have qualified. Whenever a vacancy occurs in the office of any of the
specified officers, the vacancy shall
be filled for the remainder of the term at the next general municipal election
in that incorporated town as provided in Section 3.1-10-50.  Whenever an
election is held for this purpose, the municipal clerk shall certify the
office to be filled and the candidates for that office to the election
authorities
as provided in the general election law.  During the period from the time
a vacancy occurs until a clerk, assessor, collector, or supervisor is elected
and has qualified, the vacancy may be filled by appointment by the president
and board of trustees of that incorporated town voting jointly. During the
period from the time a vacancy occurs until a president is elected and has
qualified, the vacancy may be filled by appointment by the board of trustees
of that incorporated town.
(Source: P.A. 87-1119.)
(65 ILCS 5/Art. 3.1 Div. 30 heading)
DIVISION 30.  
		APPOINTED OFFICERS IN ALL MUNICIPALITIES
(65 ILCS 5/3.1-30-5) (from Ch. 24, par. 3.1-30-5)
Sec. 3.1-30-5. Appointed officers in all municipalities.
(a) The mayor or president, as the case may be, by and with the advice
and consent of the city council or the board
of trustees, may appoint (1) a treasurer (if the treasurer is not an
elected position in the municipality), (2) a collector, (3) a
comptroller, (4) a marshal, (5) an attorney or a corporation counsel, (6)
one or more purchasing agents and deputies, (7) the number of auxiliary police officers determined necessary by the corporate authorities, (8)
police matrons, (9) a commissioner of public works, (10) a budget director
or a budget officer, and (11) other officers
necessary to carry into effect the powers conferred upon municipalities.
(b) By ordinance or resolution to take effect at the end of the current
fiscal year, the corporate authorities, by a two-thirds vote, may discontinue
any appointed office and devolve the duties of that office on any other
municipal officer. After discontinuance, no officer filling the office before
its discontinuance shall have any claim against the municipality for salary
alleged to accrue after the date of discontinuance.
(c) Vacancies in all appointed municipal offices may be filled in the same
manner as appointments are made under subsection (a). The city council or board
of trustees of a municipality, by ordinance not inconsistent with this Code,
may prescribe the duties, define the powers, and fix the term of office of all
appointed officers of the municipality; but the term of office, except as
otherwise expressly provided in this Code, shall not exceed that of the mayor
or president of the municipality.
(d) An appointed officer of a municipality may resign from his or her
office. If an appointed officer resigns, he or she shall continue in office
until a successor has been chosen and has qualified. If there is a failure to
appoint a municipal officer, or the person appointed fails to qualify, the
person filling the office shall continue in office until a successor has been
chosen and has qualified. If an appointed municipal officer ceases to perform
the duties of or to hold the office by reason of death, permanent physical or
mental disability, conviction of a disqualifying crime, or dismissal from or
abandonment of office, the mayor or president of the municipality may appoint a
temporary successor to the officer.
(Source: P.A. 94-984, eff. 6-30-06.)
(65 ILCS 5/3.1-30-10) (from Ch. 24, par. 3.1-30-10)
Sec. 3.1-30-10. Deputy clerk.
(a) In municipalities with a population of
500,000 or more, the
municipal clerk may appoint the number of deputy clerks necessary to
discharge the functions and duties of the office of municipal clerk.
(b) In municipalities of less than 500,000, the municipal clerk, when
authorized by the corporate authorities, may appoint the number of deputy clerks necessary to
discharge the functions and duties of the office of municipal clerk, who
need not be a resident of the municipality. The corporate authorities of the municipality may limit the number of deputy clerks that the municipal clerk may appoint.
(Source: P.A. 94-250, eff. 7-19-05.)
(65 ILCS 5/3.1-30-15) (from Ch. 24, par. 3.1-30-15)
Sec. 3.1-30-15. 
		Clerk as collector. 
		If, in any municipality, a
collector
is appointed, the corporate authorities may provide by ordinance that the
  clerk shall hold
the office of collector.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-30-20) (from Ch. 24, par. 3.1-30-20)
Sec. 3.1-30-20. Auxiliary police officers.
(a) Auxiliary police officers shall
not be members of the regular police department of the municipality.
Auxiliary police officers shall not supplement members of the regular
police department of any municipality in the performance of their
assigned and normal duties, except as otherwise provided in this Code.
Auxiliary police officers shall only be assigned to perform the following
duties in a municipality:
(i) to aid or direct traffic within the
municipality, (ii) to aid in control of natural or man made disasters, and
(iii) to aid
in case of civil disorder as directed by the chief of police.
When it is impractical for members of the regular
police department to perform those normal and regular police duties, however,
the
chief of police of the regular police department may
assign auxiliary police officers to perform those normal and regular police
duties. Identification symbols worn by auxiliary police officers shall be
different and distinct from those used by members of the regular police
department.  Auxiliary police officers shall at all times during the
performance of their duties be subject to the direction and control of
the chief of police of the municipality.  Auxiliary police officers

shall not carry firearms, except with the permission of the chief of
police and while in uniform and in the performance of their duties.
Auxiliary police officers, when on duty, shall also be conservators of the
peace and shall have the powers specified in Section 3.1-15-25.
(b) Auxiliary police officers, before entering upon any of their duties,
shall receive a course of training in the use of weapons and other
police procedures appropriate for the exercise of the powers
conferred upon them under this Code.  The training and course of study
shall be determined and provided by the corporate authorities of each
municipality employing auxiliary police officers. Before being permitted to carry a firearm, however, an auxiliary police officer must have the same course of training as required of peace officers under Section 2 of the Peace Officer and Probation Officer Firearm Training Act. The municipal authorities may
require that all auxiliary police officers be residents of the municipality
served by them.  Before the appointment of an auxiliary police officer, the
person's fingerprints shall be taken, and no person shall be appointed as an
auxiliary police officer if that person has been convicted of a felony or other
crime
involving moral turpitude.
(c) The Line of Duty Compensation Act
shall be applicable to auxiliary police officers

upon their death in the line of duty described in this Code.
(Source: P.A. 98-725, eff. 1-1-15.)
(65 ILCS 5/3.1-30-21)
Sec. 3.1-30-21. 
		Part-time police. 
		A municipality may appoint, discipline,
and discharge part-time police officers.  A municipality that employs part-time
police officers shall, by ordinance, establish hiring standards for part-time
police officers and shall submit those standards to the Illinois Law
Enforcement Training Standards Board.
Part-time police officers shall be members of the regular police department,
except for pension purposes.  Part-time police officers shall not be assigned
under any circumstances to supervise or direct full-time police officers of a
police department.  Part-time police officers shall not be used as permanent
replacements for
permanent full-time police officers.
Part-time police officers shall be trained under the Intergovernmental Law
Enforcement Officer's In-Service Training Act in accordance with the procedures
for part-time police officers established by the Illinois Law Enforcement
Training Standards Board.  A part-time police officer hired after January 1,
1996 who has not yet received certification under Section 8.2 of the Illinois
Police Training Act shall be directly supervised.
(Source: P.A. 89-170, eff. 1-1-96.)
(65 ILCS 5/3.1-30-25) (from Ch. 24, par. 3.1-30-25)
Sec. 3.1-30-25. 
		Municipalities incorporated under special Acts. 
		The
corporate authorities of municipalities incorporated and
existing under special Acts that now provide for or require the
election of one or more of the appointed officers referred to in this Division
30 may
adopt this Division 30 by resolution and may, instead of the provisions or
requirements of the special Acts, provide by ordinance for the appointment
of those officers by
the corporate authorities and prescribe their terms, duties, compensation, and
the amount of any bond required.
(Source: P.A. 87-1119.)
(65 ILCS 5/Art. 3.1 Div. 35 heading)
DIVISION 35.  
		FUNCTIONS AND DUTIES
OF CERTAIN MUNICIPAL OFFICERS
(65 ILCS 5/3.1-35-5) (from Ch. 24, par. 3.1-35-5)
Sec. 3.1-35-5. 
		Mayor or president; general duties. 
		The mayor or
president shall
perform all the duties which are prescribed by
law, including ordinances, and shall take care that the laws and
ordinances are faithfully executed.
The mayor or president from time to time may, and annually shall, give
the corporate authorities
information concerning the affairs of the municipality and may recommend for
their consideration measures the mayor or president believes
expedient.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-35-10) (from Ch. 24, par. 3.1-35-10)
Sec. 3.1-35-10. 
		Mayor or president; removal of appointed officer. 
		
Except where otherwise provided by statute, the mayor or president may
remove any officer appointed by the mayor or president under this Code, on
any written charge,
whenever the mayor or president is of the opinion that the interests of the
municipality demand
removal.  The mayor or president shall report the reasons for the
removal to the corporate authorities at
a meeting to be held not less than 5 nor more than 10 days after the
removal. If the mayor or president fails or refuses to report to the
corporate authorities the reasons
for the removal, or if the corporate authorities by a two-thirds vote of all
 members
authorized by law to be elected disapprove of the removal, the officer
thereupon shall be restored to the office from which the officer was removed.
The
vote shall be by yeas and nays, which shall be entered upon the journal of
the corporate authorities. Upon restoration, the officer shall give a new
bond and take a new
oath of office. No officer shall be removed a second time for the same
offense.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-35-15) (from Ch. 24, par. 3.1-35-15)
Sec. 3.1-35-15. 
		Mayor or president; release of prisoners. 
		The mayor
or
president may release any person imprisoned for violation of a municipal
ordinance and shall
report the release, together with the reasons for the release,
to the corporate authorities at their first meeting after the release.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-35-20) (from Ch. 24, par. 3.1-35-20)
Sec. 3.1-35-20. 
		Mayor or president; examination of records. 
		The mayor
or president at all
times may examine and inspect the books, records, and papers of any agent,
employee, or officer of the municipality.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-35-25) (from Ch. 24, par. 3.1-35-25)
Sec. 3.1-35-25. 
		Mayor or president; calling out militia. 
		Subject to
the
authority of the
Governor as commander-in-chief of the
militia, the mayor or president may call out the militia to aid in suppressing
riots and
other disorderly conduct or to aid in carrying into effect any law or
ordinance.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-35-30) (from Ch. 24, par. 3.1-35-30)
Sec. 3.1-35-30. 
		
		Mayor or president; designation for signing
instruments. The mayor or
president may designate in writing another person to affix the signature of the
mayor or president to any written instrument or instruments required to be
signed by the
mayor or president. The mayor or president shall send written notice of
this designation to the corporate authorities, stating the name of the
person who has been selected and what
instrument or instruments the person will have authority to sign. A written
signature of
the mayor or president executed by the designated person, with the
signature of the designated person underneath, shall be attached to the notice.
The
notice, with the signatures attached, shall be recorded in the journal of
the corporate authorities and then filed with the municipal clerk. When the
signature of
the mayor or president is placed on a written instrument at the direction
of the mayor or president in the specified manner, the instrument or
instruments, in all
respects, shall be as
binding on the municipality as if signed by the mayor or president in
person.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-35-35) (from Ch. 24, par. 3.1-35-35)
Sec. 3.1-35-35. Mayor or president pro tem; temporary chairman.
(a) If the mayor or president is temporarily absent because of an
incapacity to perform official duties, but the incapacity does not create a
vacancy in the office, the corporate authorities shall elect one of their
members to
act as mayor or president pro tem. The mayor or president pro tem, during
this absence or disability,
shall perform the duties and possess all the rights and powers of the
mayor or president but shall not be entitled to vote both as mayor or
president pro tem and as alderperson or trustee.
(b) In the absence of the mayor, president, acting mayor or president,
or mayor or president pro tem, the corporate authorities may elect one of
their members to act as a temporary chairman.
The temporary chairman shall have only the powers of a presiding
officer and a right to vote only in
the capacity as alderperson or trustee on any ordinance, resolution, or
motion.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-35-40) (from Ch. 24, par. 3.1-35-40)
Sec. 3.1-35-40. 
		Treasurer; duties.
(a) The municipal treasurer shall
receive all money belonging to
the municipality and shall keep the treasurer's books and accounts in the
manner
prescribed by ordinance. These books and accounts shall always be subject
to the inspection of any member of the corporate authorities.
The municipality may, however, by ordinance designate a person or
institution which, as bond trustee, shall receive from the county collector
amounts payable to the municipality as taxes levied pursuant to a bond
issuance.
(b) The treasurer shall keep a separate account of each fund or
appropriation and the
debits and credits belonging to the fund or appropriation.
(c) The treasurer shall give every person paying money into the treasury a
receipt, specifying the date of payment and upon what account paid. The
treasurer
shall file copies of these receipts with the clerk, with the treasurer's
monthly
reports. If the treasurer has possession of money properly appropriated to the
payment of any warrant lawfully drawn upon the treasurer, the treasurer
shall pay the money
specified in the warrant to the person designated by the warrant.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-35-45) (from Ch. 24, par. 3.1-35-45)
Sec. 3.1-35-45. 
		
		Treasurer;
 reports.  At the end of every month, and
oftener if required by the
corporate authorities, the municipal treasurer shall render an account
under oath to the corporate authorities, or to an officer
designated by ordinance, showing the state of the treasury at the date of
the account and the balance of money in the treasury. The treasurer shall
accompany
the account with a statement of all money received into the treasury and
on what account, together with all warrants redeemed and paid by the treasurer.
On
the day the treasurer renders an account, these warrants, with all vouchers
held by the treasurer, shall be delivered to the municipal clerk and filed,
together with the
account, in the clerk's office.  All paid warrants shall be
marked "paid".  The treasurer shall keep a register of
all warrants, which shall
describe each warrant, showing its date, amount, and number, the fund from
which paid, the name of the person to whom paid, and when paid.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-35-50) (from Ch. 24, par. 3.1-35-50)
Sec. 3.1-35-50. Treasurer; deposit of funds.
(a) The municipal treasurer may be required to keep all funds and
money in the treasurer's custody belonging to the municipality in places of
deposit designated by ordinance.  When requested by the
municipal treasurer, the corporate authorities shall designate one or
more banks or savings and loan associations in which may be kept the funds
and money of the municipality in the custody of the treasurer. When a
bank or savings and loan association has been designated as a depository,
it shall continue as a depository until 10 days have elapsed after a new
depository
is designated and has qualified by furnishing the statements of resources
and liabilities as required by this Section.  When a new depository is
designated, the corporate authorities shall notify the sureties of the
municipal treasurer of that fact in writing at least 5 days before the
transfer of funds. The treasurer shall be discharged from responsibility
for all funds or money that the treasurer deposits in a designated bank or
savings and loan association while the funds and money are so deposited.
(b) The municipal treasurer may require any bank or savings and loan
association to deposit with the treasurer securities or mortgages that
have a market value at least equal to the amount of the funds or moneys of the
municipality deposited with the bank or savings and loan association that
exceeds the insurance limitation provided by the Federal Deposit Insurance
Corporation or the Federal Savings and Loan Insurance Corporation.
(c) The municipal treasurer may enter into agreements of any
definite or indefinite term regarding the deposit, redeposit, investment,
reinvestment, or withdrawal of municipal funds.
(d) Notwithstanding any other provision of this Act or any other law, each
official custodian of municipal funds, including, without limitation, each
municipal treasurer or finance director or each person properly designated as
the official custodian for municipal funds, including, without limitation, each
person properly designated as official custodian for funds held by an
intergovernmental risk management entity, self-insurance pool, waste
management agency, or other intergovernmental entity composed solely of
participating municipalities, is permitted to:
(i) combine moneys from more than one fund of a     single municipality, risk management entity, self-insurance pool, or other intergovernmental entity composed solely of participating municipalities for the purpose of investing such moneys;
(ii) join with any other official custodians or     treasurers of municipal, intergovernmental risk management entity, self-insurance pool, waste management agency, or other intergovernmental entity composed solely of participating municipalities for the purpose of jointly investing the funds of which the official custodians or treasurers have custody; and
(iii) enter into agreements of any definite or     indefinite term regarding the redeposit, investment, or withdrawal of municipal, risk management entity, self-insurance agency, waste management agency, or other intergovernmental entity funds.
When funds are combined for investment
purposes as authorized in this Section, the moneys combined for those purposes
shall be accounted for separately in all respects, and the earnings from such
investment shall be separately and individually computed, recorded, and
credited to the fund, municipality, intergovernmental risk management
entity, self-insurance pool, waste
management agency, or other intergovernmental entity, as the case may be, for
which the investment was acquired.
Joint investments shall be made only in investments authorized by law for
investment of municipal funds.
The grant of authority contained in this subsection is cumulative,
supplemental, and in addition to all other power or authority granted by any
other law and shall not be construed as a limitation of any power and authority
otherwise granted.
(e) No bank or savings and loan association shall receive public funds as
permitted by this Section unless it has complied with the requirements
established by Section 6 of the Public Funds Investment Act.
(f)  In addition to any other investments or deposits authorized under this Code, municipalities are authorized to invest the funds and public moneys in the custody of the municipal treasurer in accordance with the Public Funds Investment Act.
(Source: P.A. 98-297, eff. 1-1-14.)
(65 ILCS 5/3.1-35-55) (from Ch. 24, par. 3.1-35-55)
Sec. 3.1-35-55. 
		Treasurer; personal use of funds. 
		The municipal
treasurer shall
keep all money belonging to the
municipality and in the treasurer's custody separate and distinct from the
treasurer's own money and shall not use, either directly or indirectly, the
municipality's money
or warrants for the personal use and benefit of the treasurer or of any
other person. Any violation of this provision shall subject the treasurer to
immediate removal from office by the corporate authorities, who may declare
the treasurer's office vacant.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-35-60) (from Ch. 24, par. 3.1-35-60)
Sec. 3.1-35-60. 
		Treasurer; receipts and expenditures. 
		The municipal
treasurer shall report to the corporate
authorities, as often as they require, a full and detailed account of all
receipts and expenditures of the municipality, as shown by the treasurer's
books, up to the time of the report.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-35-65) (from Ch. 24, par. 3.1-35-65)
Sec. 3.1-35-65. 
		Treasurer; annual accounts.
(a) Within 6 months after the end of each fiscal year, the
treasurer of each municipality having a population
of less than 500,000, as determined by the last preceding
federal census, shall annually prepare and file with the clerk of the
municipality an account of moneys received
and expenditures incurred during the preceding fiscal year as specified
in this Section. The treasurer
shall show in the account:
(1) All moneys received by the municipality,     indicating the total amounts, in the aggregate, received in each account of the municipality, with a general statement concerning the source of receipts. In this paragraph, the term "account" does not mean each individual taxpayer, householder, licensee, utility user, or other persons whose payments to the municipality are credited to a general account.
(2) Except as provided in paragraph (3) of this     subsection (a), all moneys paid out by the municipality where the total amount paid during the fiscal year exceeds $2,500 in the aggregate, giving the name of each person to whom moneys were paid and the total paid to each person.
(3) All moneys paid out by the municipality as     compensation for personal services, giving the name of each person to whom moneys were paid and the total amount paid to each person from each account, except that the treasurer may elect to report the compensation for personal services of all personnel by name, listing each employee in one of the following categories:
(A) under $25,000.00;
(B) $25,000.00 to $49,999.99;
(C) $50,000.00 to $74,999.99;
(D) $75,000.00 to $99,999.99;
(E) $100,000.00 to $124,999.99; or
(F) $125,000.00 and over.
(4) A summary statement of operations for all funds     and account groups of the municipality, as excerpted from the annual financial report as filed with the appropriate State agency.
(b) Upon receipt of the account from the municipal treasurer, the municipal
clerk shall publish the account at least once in one or more newspapers
published in the municipality or, if no newspaper is published in the
municipality,
then in one or more newspapers having a general circulation within the
municipality.
In municipalities with a population of less than 500
in which no newspaper is published, however, publication may be made by
posting a
copy of the account in 3 prominent places within the municipality.
(Source: P.A. 92-354, eff. 8-15-01.)
(65 ILCS 5/3.1-35-70) (from Ch. 24, par. 3.1-35-70)
Sec. 3.1-35-70. 
		Treasurer; copy of report filed with collector. 
		
Within 6 months
after the end of each fiscal year the
treasurer of each municipality,
as provided in
Section 3.1-35-65, shall file with each town or county collector of taxes
who collects taxes levied by the municipality a copy of the annual
account that is required to be filed with and published by the municipal
clerk, as provided in Section 3.1-35-65, together with an affidavit of the
municipal clerk stating that the copy is a true and correct
copy of the annual account filed with the clerk, that it was published or
posted
as required by Section 3.1-35-65, the date of the filing and publication or
posting, and, if published, the newspaper in which it was published.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-35-75) (from Ch. 24, par. 3.1-35-75)
Sec. 3.1-35-75. 
		Treasurer; failure to file account. 
		If a municipal
treasurer fails to file the
annual account and affidavit with the town or county collector within
6 months after the end of a fiscal year as required by Section
3.1-35-70, the town or county collector, as the case may be, shall withhold
payment to the treasurer of any and all moneys due the
municipality after the expiration of that 6 month period and until the
annual account
and affidavit are received by the collector.  The failure of a municipal
treasurer
or municipal clerk to comply with the provisions of Sections 3.1-35-65 and
3.1-35-70 within 6 months after the end of a fiscal year shall not
preclude the treasurer or clerk or the other officers of the municipality from
preparing, publishing or posting, and filing the annual account and
affidavit after the expiration of that 6 month period.  If the clerk,
treasurer,
or other officers later comply with the provisions of this Division
35, the town or county collector, as the case may be, shall pay over to the
municipal treasurer the moneys withheld by the collector
immediately upon the filing of the annual account and affidavit with the
collector.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-35-80) (from Ch. 24, par. 3.1-35-80)
Sec. 3.1-35-80. 
		Violations and penalties. 
		A public officer who fails,
neglects, or refuses to
discharge any duty imposed on that officer by Sections 3.1-35-65 through
3.1-35-75, or
who violates any provisions of Sections 3.1-35-65 through 3.1-35-80, is
guilty of a petty offense and upon conviction  shall be fined not
less than $25 nor more than $100, in addition to any other penalties
prescribed by law.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-35-85) (from Ch. 24, par. 3.1-35-85)
Sec. 3.1-35-85. 
		Treasurer; special assessment funds. 
		All money
received on a
special assessment shall be
held by the municipal treasurer as a special fund to be applied to the
payment of the improvement for which the assessment was made, and the
money shall be used for no other purpose, except to reimburse the
municipality for money expended for the improvement.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-35-90) (from Ch. 24, par. 3.1-35-90)
Sec. 3.1-35-90. Clerk; duties.
(a) The municipal clerk shall keep the
corporate seal, to be
provided by the corporate authorities, and all papers belonging to the
municipality the custody and control of which are not given to other
officers.  The clerk shall attend all meetings of the corporate authorities including executive sessions and
keep a full record of their proceedings in the journal, except if the clerk is the subject matter of the meeting and his or her presence creates a  conflict of interest.
The record of those proceedings shall be made available for public
inspection within 7 days after being approved or accepted by the
corporate
authorities as the official minutes of their proceedings.
(b) The municipal clerk shall have other duties prescribed by
the corporate authorities.
(c) Copies of all papers duly filed in the clerk's office and transcripts
from the
journals and other records and files of the clerk's office, certified by the
clerk under
the corporate seal, shall be evidence in all courts in like manner as if
the originals were produced.
(Source: P.A. 96-294, eff. 8-11-09.)
(65 ILCS 5/3.1-35-95) (from Ch. 24, par. 3.1-35-95)
Sec. 3.1-35-95. 
		Deputy clerks.
(a) A deputy clerk may execute all documents required
by law to be executed by the municipal clerk and may affix the seal of the
clerk wherever required. In signing any document, a deputy clerk
shall sign the name of the clerk followed with the word "By" and the
deputy clerk's own name and the words "Deputy Clerk".
(b) Except in municipalities with a population of 500,000 or more, the
powers and duties of a deputy clerk shall be exercised only in the
absence of the clerk from the place where the clerk's office is
maintained, and only when either written direction has been given by the
clerk to that deputy to exercise a power or the corporate
authorities have determined by resolution that the municipal clerk is
temporarily or permanently incapacitated to perform that function. In
municipalities with a population of 500,000 or more, the powers and
duties of a deputy clerk shall be exercised upon the direction of the
clerk, or when the corporate authorities have determined by resolution
that the clerk is temporarily or permanently incapacitated to perform
those functions and duties.  When a deputy's signature is duly authorized
as provided in this Section and is
affixed by a deputy in the manner prescribed in this Section on
any document (including but not limited to contracts, bonds, or other
obligations of the municipality), the document shall have the same
effect as if the document had been signed by the municipal
clerk in person.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-35-100) (from Ch. 24, par. 3.1-35-100)
Sec. 3.1-35-100. 
		Comptroller; duties.
(a) If a comptroller is elected
or appointed in a municipality, the corporate authorities, by ordinance or
resolution, may confer upon the comptroller the powers and provide for the
performance of the duties that the corporate authorities deem necessary and
proper.
(b) All of the provisions of this Code relating to the powers and duties of
a municipal clerk in connection with (i) the finances, (ii) the treasurer,
(iii) the collector, and (iv) the receipt and disbursements of
money shall be exercised and performed by the comptroller, if one is
elected or appointed. For that purpose, wherever the word "clerk" is used
in this Code, it means "comptroller"; and wherever the words "clerk's
office" are used, they mean "comptroller's office".
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-35-105) (from Ch. 24, par. 3.1-35-105)
Sec. 3.1-35-105. 
		
		Comptroller; designation of person to sign
instruments.  The
comptroller may designate, in writing, one or more
persons who shall have authority to affix the comptroller's signature as
comptroller to
any written instrument that is required to be signed by the comptroller.
When the comptroller's signature is so affixed to a written instrument at
the comptroller's direction, the instrument, in all respects, shall be as
binding on the municipality as if signed by the comptroller in person. When the
comptroller designates a person for this purpose, however, the comptroller
shall notify
the corporate authorities to that effect and state in the notice the specific
instruments that the person is authorized to sign.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-35-110) (from Ch. 24, par. 3.1-35-110)
Sec. 3.1-35-110. 
		Comptroller; records of bonds issued. 
		The
comptroller, if one is
elected or appointed (and if not, then the municipal clerk), shall keep in his
or her
 office, in books
used solely for that purpose, a correct list of all the outstanding bonds
of the municipality, showing the number and amount of each and for and to whom
the
bonds were issued.  When bonds are purchased, paid, or cancelled, these
books shall show these additional facts. In the comptroller's annual report
the comptroller shall describe, particularly, the bonds sold during the
year and the terms of sale, with every item of expense incurred in
connection with the bonds.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-35-115) (from Ch. 24, par. 3.1-35-115)
Sec. 3.1-35-115. 
		Comptroller; duties.
(a) The comptroller, if one is elected
or appointed in a municipality (and
if not, then the municipal clerk), shall exercise a general supervision over
all the officers of the municipality charged in any manner with the
receipt, collection, or disbursement of the municipal revenue, or with the
collection and return of the municipal revenue, or with the collection and
return of the municipal revenue into the treasury.
(b) The comptroller shall have custody and control of all municipal
documents, books, and
papers designated by the corporate authorities.
(c) On or before May 15 of each year, and before the annual appropriation
ordinance is prepared by the corporate authorities, the comptroller shall submit to the
corporate authorities a report of the comptroller's estimate, as nearly as may be, of the
money necessary to defray the expenses of the municipality during the
current fiscal year. For the purpose of making this report, the comptroller is
authorized to require all officers to submit statements of the condition
and expenses of their respective offices or departments, with any proposed
municipal improvements and the probable expense of those improvements, all unperformed
contracts, and the amount of all unexpended appropriations of the preceding
year.
(d) In this report, the comptroller shall (i) classify the different
objects and purposes
of expenditure, giving, as nearly as may be, the amount required for each,
(ii) show the aggregate income of the preceding fiscal year, from all
sources, (iii) show the amount of liabilities upon which interest is to be
paid, (iv) show the bonds and debts payable during the year, when due and
payable, and (v) give all other information to the corporate authorities
the comptroller deems necessary, so that the corporate authorities may fully
understand the demands upon the municipality for the current fiscal year.
(e) In municipalities of 500,000 or more inhabitants, the preparation of the
report required by this Section and its form and substance, including the
classification of the different objects and purposes of expenditures, shall
be performed by the budget director of the municipality. In those
municipalities the comptroller shall prepare an annual post-audit of all
funds for the preceding year which shall be known as the "comptroller's
report", a copy of which shall be sent by the municipal comptroller to the
State Comptroller.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-35-120) (from Ch. 24, par. 3.1-35-120)
Sec. 3.1-35-120. 
		Collector; duties. 
		A city collector, if one is
elected
or appointed, shall
preserve all warrants returned to the collector and shall keep books and
accounts in the manner prescribed by the corporate authorities.
All of the
collector's warrants, books, and vouchers, and all papers pertaining to the
office, may be examined at any time by the mayor, city clerk, or any member
or committee of the corporate authorities.  Weekly, and oftener if required
by the corporate authorities, the collector shall pay over to the treasurer all
money collected by the collector from any source, taking the
treasurer's receipt in duplicate and filing one of the receipts
immediately with the clerk. At that time, or on demand, the clerk
shall give the collector a copy of any receipt so filed.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-35-125) (from Ch. 24, par. 3.1-35-125)
Sec. 3.1-35-125. 
		Collector; reports. 
		When required by the corporate
authorities or by ordinance, the collector shall make a written report to
the corporate authorities (or to any officer
designated by the corporate authorities) of all money collected by the
collector, the account on which collected, or of any other official matter.
Between the first and
tenth of April of each year, the collector shall file with the clerk a
statement of (i) all the money collected by the collector during the year,
(ii) the particular warrant, special assessment, or account on which
collected, (iii) the balance of money uncollected on all warrants in the
collector's
possession, and (iv) the balance remaining uncollected at the time of the
return on all warrants that the collector returned to the clerk during the
preceding fiscal year. The clerk shall publish the statement at least
once, within 10 days, in one or more newspapers published in the
municipality or, if no newspaper is published in the municipality, then in one
or more
newspapers with a general circulation within the municipality. In
municipalities with less than 500 population in which no newspaper is
published, a publication may instead be made by posting a notice in 3
prominent places within the municipality.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-35-130) (from Ch. 24, par. 3.1-35-130)
Sec. 3.1-35-130. 
		Collector; possession of money. 
		The collector is
prohibited from keeping the money of the municipality in his or her
possession, or in the possession of any person for his or her use,
beyond the time prescribed for its payment to the treasurer. Any
violation of this provision shall subject the collector to immediate removal
from
office.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-35-135) (from Ch. 24, par. 3.1-35-135)
Sec. 3.1-35-135. 
		Clerk as collector. 
		In any municipality having a
population of less than 1,000,000 in
which the corporate authorities have provided for the appointment of a
collector, the corporate authorities may provide by ordinance that the clerk
shall hold the office of collector.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-35-140) (from Ch. 24, par. 3.1-35-140)
Sec. 3.1-35-140. 
		Marshal; duties. 
		The marshal shall perform the
duties
that the corporate authorities prescribe for the preservation of the public
peace and the
observance and enforcement of ordinances and laws.
(Source: P.A. 87-1119.)
(65 ILCS 5/Art. 3.1 Div. 40 heading)
DIVISION 40.  
		CITY COUNCIL
(65 ILCS 5/3.1-40-5) (from Ch. 24, par. 3.1-40-5)
Sec. 3.1-40-5. Composition. The city council shall consist of the
mayor
and alderpersons. It
shall meet in accordance with the Open Meetings Act.  It shall keep a journal
of its own
proceedings.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-40-10) (from Ch. 24, par. 3.1-40-10)
Sec. 3.1-40-10. Judge of elections. The city council shall be the
sole
judge of the election to
office of the alderpersons. It shall also be the sole judge whether under
Section 3.1-10-5 alderpersons are eligible to hold their offices.  A court,
however,
shall not be prohibited from hearing and determining a proceeding in quo
warranto.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-40-15) (from Ch. 24, par. 3.1-40-15)
Sec. 3.1-40-15. Rules; expulsion. The city council shall determine
its
own rules of proceeding
and punish its members for disorderly conduct. With the concurrence of
two-thirds of the alderpersons then holding office, it may expel an alderperson 
from a meeting, but not a
second time for the same incident.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-40-20) (from Ch. 24, par. 3.1-40-20)
Sec. 3.1-40-20. 
		Quorum. 
		A majority of the corporate authorities
shall constitute a
quorum to do business. A smaller number, however, may adjourn from time to
time and may compel the attendance of absentees under penalties
(including a fine for a failure to attend) prescribed by the council
by
ordinance.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-40-25) (from Ch. 24, par. 3.1-40-25)
Sec. 3.1-40-25. Meetings. The city council may prescribe, by
ordinance, the times and
places of the council meetings and the manner in which special council
meetings may be called. The mayor or any 3 alderpersons may call special
meetings of the city council. In addition to any notice requirement
prescribed by the city council, public notice of meetings must be given as
prescribed in Sections 2.02 and 2.03 of the Open Meetings Act.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-40-30) (from Ch. 24, par. 3.1-40-30)
Sec. 3.1-40-30. Mayor presides. The mayor shall preside at all
meetings
of the city council.  Except as provided in Articles 4 and 5 of this Code,
the mayor shall not vote on any ordinance, resolution,
or motion except the following: (i) where
the vote of the alderpersons has resulted in a tie; (ii) where one-half of
the alderpersons elected have voted in favor of an ordinance, resolution, or
motion even though there is no tie vote; or (iii) where a vote greater than a
majority of the corporate authorities is required by this Code or an ordinance
to adopt an
ordinance, resolution, or motion.
 Nothing in this Section shall deprive an acting mayor or mayor
pro tem from voting in the capacity as alderperson, but he or she shall not be
entitled to another vote in the capacity as acting mayor or mayor pro
tem.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-40-35) (from Ch. 24, par. 3.1-40-35)
Sec. 3.1-40-35. Deferral of committee reports. Upon the request of any
2 alderpersons
 present, any report of a
committee of the council shall be deferred for final action to
the next regular meeting of the council after the report is made.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-40-40) (from Ch. 24, par. 3.1-40-40)
Sec. 3.1-40-40. Vote required. The passage of all ordinances for
whatever purpose, and of
any resolution or motion (i) to create any liability against a city or (ii)
for the expenditure or appropriation of its money shall require the
concurrence of a majority of all members then holding office on the city
council, including the mayor, unless otherwise expressly provided by this
Code or any other Act governing the passage of any ordinance, resolution,
or motion.  Where the council consists of an odd number of alderpersons, however, the vote of the majority of the alderpersons shall be sufficient
to
pass an ordinance. The passage of an ordinance, resolution, or motion to
sell any school property shall require the concurrence of three-fourths of
all alderpersons then holding office. The yeas and nays shall be taken upon the
question of the passage of the designated ordinances, resolutions, or
motions and recorded in the journal of the city council. In addition, the
corporate authorities at any meeting may by unanimous consent take a single
vote by yeas and nays on the several questions of the passage of any 2 or
more of the designated ordinances, orders, resolutions, or motions placed
together for voting purposes in a single group.  The single vote shall
be entered separately in the journal
under the designation "omnibus vote", and in that event the clerk may enter
the words "omnibus vote" or "consent agenda" in the journal in each case
instead of entering
the names of the members of city council voting "yea" and those voting
"nay" on the passage of each of the designated ordinances, orders,
resolutions, and motions included in the omnibus group or consent agenda. The taking of a
single or omnibus vote and the entries of the words "omnibus vote" or
"consent agenda" in the
journal shall be a sufficient compliance with the requirements of this
Section to all intents and purposes and with like effect as if the vote in
each case had been taken separately by yeas and nays on the question of the
passage of each ordinance, order, resolution, and motion included in the
omnibus group and separately recorded in the journal. Likewise, the yeas
and nays shall be taken upon the question of the passage of any other
resolution or motion at the request of any alderperson and shall be recorded
in the journal.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-40-45) (from Ch. 24, par. 3.1-40-45)
Sec. 3.1-40-45. 
		Ordinances; approval; veto. 
		All resolutions and
motions
(i) that create any liability
against a city, (ii) that provide for the expenditure or appropriation
of its money, or (iii) to sell any city or school property, and all
ordinances, passed by the city council shall be deposited with the city
clerk. Except as provided in Articles 4 and 5 of this Code, if the mayor
approves an ordinance or resolution, the mayor shall sign it. Those ordinances,
resolutions, and motions which the mayor disapproves shall be returned to
the city council, with the
mayor's written
objections, at the next regular meeting of the city council occurring not
less than 5 days after their passage. The mayor may disapprove of any one
or more sums appropriated in any ordinance, resolution, or motion making an
appropriation, and, if so, the remainder shall be effective. However, the
mayor may disapprove entirely of an ordinance, resolution, or motion making
an appropriation. If the mayor fails to return any ordinance or any
specified resolution or motion with his written objections within the
designated time, it shall become effective despite the absence of the mayor's
signature.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-40-50) (from Ch. 24, par. 3.1-40-50)
Sec. 3.1-40-50. Reconsideration; passing over veto. Every resolution
and motion specified in Section 3.1-40-45, and every ordinance, that is
returned to the city council by
the mayor shall be reconsidered by the city council at the next regular
meeting following the regular meeting at which the city council receives the
mayor's written objection.  If, after
reconsideration, two-thirds of all the alderpersons then holding office on
the city council agree at that regular meeting to pass an ordinance,
resolution, or
motion, notwithstanding the mayor's refusal to approve it, then it shall
be effective. The vote on the question of passage over the mayor's veto
shall be by yeas and nays and shall be recorded in the journal.
This Section does not apply to municipalities with more than 500,000
inhabitants.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-40-55) (from Ch. 24, par. 3.1-40-55)
Sec. 3.1-40-55. Reconsideration; requisites. No vote of the city
council shall be reconsidered or
rescinded at a special meeting unless there are present at the special
meeting at least as many alderpersons as were present when the vote was taken.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-40-60)
Sec. 3.1-40-60. 
		Advisory referenda. 
		By a vote of the majority of the
members of the city council, the council may authorize an advisory question of
public policy to be placed on the ballot at the next regularly scheduled
election in the municipality.  The city council shall certify the question to
the proper election authority, which must submit the question at an election in
accordance with the Election Code.
(Source: P.A. 93-574, eff. 8-21-03.)
(65 ILCS 5/Art. 3.1 Div. 45 heading)
DIVISION 45.  
		BOARD OF TRUSTEES
(65 ILCS 5/3.1-45-5) (from Ch. 24, par. 3.1-45-5)
Sec. 3.1-45-5. Composition; manner of acting. The board of trustees
shall consist of the president and
trustees and, except as otherwise provided in this Code, shall exercise
the same powers and perform the same duties as the city council in
cities. It shall pass ordinances, resolutions, and motions in the same
manner as a city council. The president of the board of trustees may
exercise the same veto power and powers in Section 3.1-40-30, and with like
effect, as the mayor of a
city. The trustees may pass motions, resolutions, and ordinances over
the president's veto in like manner as the alderpersons of a city council.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-45-10) (from Ch. 24, par. 3.1-45-10)
Sec. 3.1-45-10. 
		Officers; duties and fees. 
		The president and board of
trustees may prescribe the
duties of the officers appointed under Section 3.1-30-5, and the amount
to be charged for services rendered by those officers, and
may require them to execute whatever bonds are prescribed by statute or
ordinance.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-45-15) (from Ch. 24, par. 3.1-45-15)
Sec. 3.1-45-15. Powers and duties. The trustees, except as otherwise
provided in this Code, shall
perform the duties and exercise the powers conferred upon the alderpersons of a
city.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-45-20) (from Ch. 24, par. 3.1-45-20)
Sec. 3.1-45-20. 
		Villages and towns under special Acts. 
		The trustees
in
every village or incorporated town
specified in Section 3.1-25-70 shall have the same powers and perform the
same duties as have been given by any special Act to the legislative
body of that specified village or incorporated town and that have
been given or may later be given to trustees in villages
or incorporated towns organized under this Code. This Section, however,
does not authorize the trustees in a village or incorporated town
to perform any act that its legislative body is specifically
prohibited from performing under the terms of the Act creating that
village or incorporated town.  This Section shall not apply to or change
the powers of the members of the legislative body of incorporated towns
that have superseded civil townships.
(Source: P.A. 87-1119.)
(65 ILCS 5/Art. 3.1 Div. 50 heading)
DIVISION 50.  
		COMPENSATION
(65 ILCS 5/3.1-50-5) (from Ch. 24, par. 3.1-50-5)
Sec. 3.1-50-5. 
		Establishment. 
		All municipal officers, except as
otherwise provided, shall
receive the salary or other compensation that is fixed by ordinance.
Salaries or other compensation
shall not be increased or diminished so as to take effect during the term
of any officer holding an elective office.
The salaries, fees, or other compensation of any appointed
municipal officer, not including those appointed to fill vacancies in elective
offices, may be increased but not diminished so as to take effect during
the term for which the officer was appointed.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-50-10) (from Ch. 24, par. 3.1-50-10)
Sec. 3.1-50-10. 
		Fixing salaries. 
		The corporate authorities of a
municipality may fix the salaries
of all municipal officers
 and
employees in the annual appropriation or budget ordinance. They may fix the
salary of all officers who hold elective office for a definite term in an
ordinance
other than the appropriation or budget ordinance. The salaries that are fixed
in the
annual appropriation ordinance shall neither be increased nor diminished
during the fiscal year for which the appropriation is made. The salaries
that are fixed by ordinance for those officers 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 fixed.
(Source: P.A. 90-210, eff. 7-25-97.)
(65 ILCS 5/3.1-50-15) (from Ch. 24, par. 3.1-50-15)
Sec. 3.1-50-15. Compensation of members of corporate authorities.
(a) 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.
(b) Each member of the corporate authorities may receive reimbursement
from the municipality for
expenses incurred by the member in attending committee meetings of the
corporate authorities or for other expenses incurred by the member
in the course of performing official duties.
(Source: P.A. 100-201, eff. 8-18-17.)
(65 ILCS 5/3.1-50-20) (from Ch. 24, par. 3.1-50-20)
Sec. 3.1-50-20. 
		Compensation of employees. 
		The compensation of
 employees shall be determined by the corporate
authorities.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-50-25) (from Ch. 24, par. 3.1-50-25)
Sec. 3.1-50-25. 
		Clerk serving as collector. 
		In municipalities where
the
same person holds the elective office of
municipal clerk and the appointive office of municipal collector, the
corporate authorities may provide by ordinance for that person to receive
the compensation provided for each of these offices.
(Source: P.A. 87-1119.)
(65 ILCS 5/Art. 3.1 Div. 55 heading)
DIVISION 55.  
		MISCELLANEOUS PROVISIONS
(65 ILCS 5/3.1-55-5) (from Ch. 24, par. 3.1-55-5)
Sec. 3.1-55-5. Certificate of appointment. Whenever a person has been
appointed or elected to office, the
mayor or president shall issue a certificate of appointment or election,
under the corporate seal, to the municipal clerk. All officers elected or
appointed under this Code, except the municipal clerk, alderperson, mayor,
trustees, and president, shall be commissioned by warrant, under the
corporate seal, signed by the municipal clerk and the mayor, acting mayor,
or mayor pro tem, or presiding officer of the corporate authorities.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-55-10)
Sec. 3.1-55-10. Interests in contracts.
(a) A municipal officer shall not be financially interested directly
in the officer's own name or indirectly in the name of any other person,
association, trust, or corporation, in any contract, work, or business of
the municipality or in the sale of any article whenever the expense,
price, or consideration of the contract, work, business, or sale is paid
either from the treasury or by an assessment levied by statute or
ordinance.  A municipal officer shall not be interested, directly or
indirectly, in the purchase of any property that (i) belongs to the
municipality, (ii) is sold for taxes or assessments, or (iii) is sold by virtue
of legal process at the suit of the municipality.  For the purposes of this
Section only, however, a municipal officer shall not be deemed interested if
the officer is an employee of a company or owns or holds an interest of 1% or
less in the municipal officer's individual name in a company, or both, that
company is involved in the transaction of business with the municipality, and
that company's stock is traded on a nationally recognized securities market,
provided the interested member (i) publicly discloses the fact that he or she
is an employee or holds an interest of 1% or less in a company
before deliberation of the proposed award of the contract; (ii) refrains from
evaluating, recommending, approving, deliberating, or otherwise participating
in the negotiation, approval, or both, of the contract, work, or business;
(iii) abstains from voting on the award of the contract though he or she shall
be considered present for purposes of establishing a quorum; and (iv) the
contract is approved by a majority vote of those members currently holding
office.
A municipal officer shall not be deemed interested if the officer owns or
holds an interest of 1% or less, not in the officer's individual name but
through a mutual fund or exchange-traded fund, in a company, that company is involved in the
transaction of business with the municipality, and that company's stock is
traded on a nationally recognized securities market.
This Section does not prohibit any person serving on a municipal advisory
panel or commission or nongoverning board or commission from having an
interest in a contract, work, or business of the municipality unless the
municipal officer's duties include evaluating, recommending, approving, or
voting to recommend or approve the contract, work, or business.
(b) Any elected or appointed member of the governing body may, however,
provide materials, merchandise, property, services, or labor, subject to the
following provisions under either (1) or (2):
(1) If:
(A) the contract is with a person, firm,         partnership, association, corporation, or cooperative association in which the interested member of the governing body of the municipality member has less than a 7 1/2% share in the ownership;
(B) the interested member publicly discloses the         nature and extent of the interest before or during deliberations concerning the proposed award of the contract;
(C) the interested member abstains from voting on         the award of the contract (though the member shall be considered present for the purposes of establishing a quorum);
(D) the contract is approved by a majority vote         of those members presently holding office;
(E) the contract is awarded after sealed bids to         the lowest responsible bidder if the amount of the contract exceeds $1,500 (but the contract may be awarded without bidding if the amount is less than $1,500); and
(F) the award of the contract would not cause the         aggregate amount of all contracts so awarded to the same person, firm, association, partnership, corporation, or cooperative association in the same fiscal year to exceed $25,000.
(2) If:
(A) the award of the contract is approved by a         majority vote of the governing body of the municipality (provided that the interested member shall abstain from voting);
(B) the amount of the contract does not exceed         $2,000;
(C) the award of the contract would not cause the         aggregate amount of all contracts so awarded to the same person, firm, association, partnership, corporation, or cooperative association in the same fiscal year to exceed $4,000;
(D) the interested member publicly discloses the         nature and extent of his interest before or during deliberations concerning the proposed award of the contract; and
(E) the interested member abstains from voting on         the award of the contract (though the member shall be considered present for the purposes of establishing a quorum).
(b-5) In addition to the above exemptions, any elected or appointed member
of the governing body may provide materials, merchandise, property, services,
or labor if:
(1) the contract is with a person, firm, partnership,     association, corporation, or cooperative association in which the interested member of the governing body of the municipality, advisory panel, or commission has less than a 1% share in the ownership; and
(2) 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
(3) such interested member publicly discloses the     nature and extent of his interest before or during deliberations concerning the proposed award of the contract; and
(4) 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.
(c) 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
in 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 or a
nongoverning board or commission having an interest described in this
subsection (d) does not have a prohibited interest under this Section.
(d) An officer who violates this Section is guilty of a Class 4 felony.
In addition, any office held by an officer so convicted shall become vacant
and shall be so declared as part of the judgment of the court.
(e) Nothing contained in this Section, including the restrictions set forth
in subsections (b) and (c), shall preclude a contract of deposit of moneys,
loans, or other financial services by a municipality with a local bank or local
savings and loan association, regardless of whether a member of the governing
body of the municipality is interested in the 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 holding an interest described in this
subsection (e) in a contract does not hold a prohibited interest for purposes
of this Act.  The interested member of the governing body must publicly state
the nature and extent of the interest during deliberations concerning the
proposed award of the contract but shall not participate in any further
deliberations concerning the proposed award.  The interested member shall
not vote on the proposed award.  A member abstaining from participation in
deliberations and voting under this Section may be considered present for
purposes of establishing a quorum. Award of the contract shall require approval
by a majority vote of those members presently holding office.  Consideration
and award of a contract in which a member is interested may only be made at a
regularly scheduled public meeting of the governing body of the municipality.
(f) Notwithstanding any other provision of this Section or any other law
to the contrary, until January 1, 1994, a member of the city council of a
municipality with a population under 20,000 may purchase real estate from the
municipality, at a price of not less than 100% of the value of the real estate
as determined by a written MAI certified appraisal or by a written certified
appraisal of a State certified or licensed real estate appraiser, if the
purchase is approved by a unanimous vote of the city council members then
holding office (except for the member desiring to purchase the real estate,
who shall not vote on the question).
(g) Under either of the following circumstances, a municipal officer may hold a position on the board  of a not-for-profit corporation that is interested in a contract, work, or business of the municipality:
(1) If the municipal officer is appointed by the     governing body of the municipality to represent the interests of the municipality on a not-for-profit corporation's board, then the municipal officer may actively vote on matters involving either that board or the municipality, at any time, so long as the membership on the not-for-profit board is not a paid position, except that the municipal officer may be reimbursed by the not-for-profit board for expenses incurred as the result of membership on the not-for-profit board.
(2) If the municipal officer is not appointed to the     governing body of a not-for-profit corporation by the governing body of the municipality, then the municipal officer may continue to serve; however, the municipal officer shall abstain from voting on any proposition before the municipal governing body directly involving the not-for-profit corporation and, for those matters, shall not be counted as present for the purposes of a quorum of the municipal governing body. (Source: P.A. 96-277, eff. 1-1-10; 96-1058, eff. 7-14-10.)
(65 ILCS 5/3.1-55-15) (from Ch. 24, par. 3.1-55-15)
Sec. 3.1-55-15. 
		Misconduct. 
		Every municipal officer who is guilty of
a
culpable omission
of duty, or who is guilty of willful and corrupt oppression, malconduct, or
misfeasance in the discharge of the duties of office, shall be guilty
of a business offense and, on conviction, shall be fined not less than $501
nor more than $1,000. The court entering the conviction shall
enter an order
removing the convicted officer from office.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-55-20) (from Ch. 24, par. 3.1-55-20)
Sec. 3.1-55-20. 
		Appeal to finance committee. 
		In the adjustment of the
accounts of the municipal collector or
municipal treasurer with the municipal clerk or municipal comptroller, if
there is one, there shall be an appeal to the finance committee of the
corporate
authorities, whose decision in all matters of controversy arising between
these officers shall be final unless the corporate authorities
provide otherwise.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-55-25)
Sec. 3.1-55-25. 
		
		Automatic abandonment of a form of municipal
government. Notwithstanding the provisions of Sections 4-10-1, 5-5-1, 5-5-1.1,
5-5-2, 5-5-3, 5-5-4, 5-5-5, and 5-5-6 and any other provisions of this Act, if
a
municipality adopts a different form of municipal government under Article 4,
5, or 6, then its current form of municipal government is automatically
abandoned when the new form of municipal government takes effect.
(Source: P.A. 92-727, eff. 7-25-02.)