Chapter 31 City Officials and Employees

The provisions of this section shall apply alike to all officers and employees of the city regardless of the time of the creation of the office or position or the time of the appointment of the officer or employee.

(’81 Code, § 3.11(a))

31.02 OATH; BOND.

(A) Every officer of the city shall, before entering upon his duties, take the oath prescribed by ILCS Ch. 65, Act 5, § 3.1-10-25. (’81 Code, § 3.11(c))

(B) Every officer and employee shall, if required by the City Council, upon entering upon the duties of his office, give a bond in such amount and with such sureties as may be determined by the Council, conditioned upon the faithful performance of the duties of his office or position.

(’81 Code, § 3.11(f))

31.03 COMPENSATION.

All officers and employees of the city shall receive such salary as may be from time to time provided by ordinance or resolution.

(’81 Code, § 3.11(d)) (Ord. 2004-15, passed 9-15-05)

31.04 RECORDS INSPECTION; DELIVERY.

(A) All records kept by any officer or employee of the city shall be open to inspection by the Mayor or any member of the City Council at all reasonable times, whether or not such records are required to be kept by statute or ordinance. (’81 Code, § 3.11(e))

(B) Every officer and employee of the city shall, upon the expiration of his term for any reason, deliver to his successor all books and records which may be the property of the city and if no successor is appointed within one week after the termination of office, such property shall be delivered to the Clerk or Treasurer. (’81 Code, § 3.11(g))

31.05 MONEYS RECEIVED.

Every officer and employee of the city shall at least once each month turn over all money received by him in his official capacity to the Treasurer with a statement showing the source from which the same was received.

(’81 Code, § 3.11(b))

MAYOR

31.20 ELECTION AND TERM.

The Mayor shall be elected for a term of four years. He shall be the presiding officer of the City Council as provided by statute.

(’81 Code, § 3.01(a))

31.21 BOND AND OATH.

Before entering upon the duties of his office, the Mayor shall give a surety bond conditioned upon his faithful performance of his duties, in the sum of $3,000. He shall take the oath of office prescribed by statute, and shall receive such compensation as may be set from time to time by the Council.

(’81 Code, § 3.01(c))

31.22 DUTIES AND POWERS.

(A) Chief executive officer. The Mayor shall be the chief executive officer of the city and shall perform such duties as may be required by statute or ordinance. The Mayor shall have general supervisory power over the duties and responsibilities prescribed by statute or ordinance for all officers and employees of the city. The Mayor shall also have the power to assign to any officer or employee such additional duties or responsibility as the Mayor deems to be in the best interest of the city. Any officer or employee who believes he has been wrongfully assigned additional duties or responsibilities by the Mayor, shall perform such duties, but, shall have the right to appeal such assignment to a meeting of the City Council to be held not less than five days, nor more than ten days from such assignment. The Council, by a two-thirds vote of all its members authorized by law to be elected, by “yeas” and “nays,” to be entered upon its record; may dis-approve of such assignment; whereupon such assignment shall be declared null and void, and the officer or employee shall be reasonably compensated therefor, no officer or employee shall be given the same additional assignment a second time, unless authorized by ordinance. (’81 Code, § 3.01(b))

(B) Licenses. The Mayor shall grant licenses for the purposes authorized by this code to such persons as he may deem proper, unless the Council shall otherwise provide, and he may revoke the same for cause. (’81 Code, § 3.01(f))

(C) Signature. The Mayor shall sign all city warrants, commissions, permits and licenses granted by authority of the Council, except as otherwise provided, and such other acts and deeds as law or ordinance may require his official signature. (’81 Code, § 3.01(g))

(D) Peace Officer. The Mayor may exercise within the city limits the powers conferred upon sheriffs by law to suppress disorder and keep the peace. (’81 Code, § 3.01(h))

31.23 APPOINTMENT OF CITY OFFICERS AND EMPLOYEES; REMOVAL.

(A) The Mayor shall appoint, by and with the advice and consent of the City Council, all officers and employees whose appointment is not otherwise provided for by law, and whenever a vacancy occurs in any office, which by law or ordinance he is empowered and required to fill, he shall, within 30 days after the happening of such vacancy, communicate to the Council the name of his appointee to such office, and pending the concurrence of the Council in such appointment, he may designate some suitable person to discharge the functions of such office. (’81 Code, § 3.01(d))

(B) The Mayor shall have the power to remove any officer and/or employee appointed by him on any formal charge whenever he is of the opinion that the interests of the city demand such removal. He shall report the reasons for such removal to the Council at a meeting to be held not less than five days, nor more than ten days after such removal. If the Mayor shall fail, or refuse to file with the Clerk a statement of the reasons for such removal or if the Council, by a two-thirds vote of all its members authorized by law to be elected, by “yeas” and “nays,” to be entered upon its record, disapprove of such removal, such officer shall thereupon become restored to the office from which he was removed, but he shall give a new bond and take a new oath of office. No officer shall be removed a second time for the same offense. (’81 Code, § 3.01(e))

31.24 MAYOR PRO TEM.

During the temporary absence or disability of the Mayor, the Council shall elect one of its number to act as Mayor pro tem, who during the absence or disability of the Mayor shall perform the duties of the office.

(’81 Code, § 3.01(i))

CITY CLERK

31.30 ELECTION AND TERM.

The City Clerk shall be elected and serve for a four year term at the same election as the Mayor.

(’81 Code, § 3.02(a))

31.31 OATH AND BOND.

The Clerk before entering upon the duties of his office, shall take the oath of office prescribed by law, and shall execute a bond to the city in the penal sum of $4,000 with sureties as shall be approved by the Mayor and City Council, conditioned for the faithful performance of the duties of his office, and the payment of all moneys that may be received by him, according to law and ordinance. The bond shall be filed with the Treasurer.

(’81 Code, § 3.02(b))

31.32 OFFICE; HOURS.

The Clerk shall keep his office in the city hall or at such other place as the City Council may direct. His office hours shall be part time as determined and set forth annually, or periodically as necessary, by the City Council.

(’81 Code, § 3.02(c)) (Am. Ord. 2012-8, passed 8-28-12; Am. Ord. 2013-3, passed 5-28-13)

31.33 DUTIES; KEEPING RECORDS.

(A) Minutes and notices. The Clerk shall attend all meetings of the City Council, and shall keep a suitable book to be styled the Journal of the City Council, a full and faithful record of its proceedings.

(B) Custody of seal and records. The Clerk shall be the keeper and custodian of the corporate seal of the city. He shall carefully preserve in his office all books, records, papers, maps, and effects of every description belonging to the city or pertaining to his office, and not in actual use and possession of other city officers. Upon the expiration of his official term, he shall deliver all such records, books, papers and effects to his successor in office.

(C) Record of ordinances. The Clerk shall record and properly index in a book kept for that purpose, all ordinances passed by the Council, within ten days after passage and approval by Mayor, and at the foot of each ordinance so recorded, he shall make a memorandum showing dates of passage, approval, posting or publication and the page on which it is recorded. He shall attest and fix the city seal to each original copy and shall post in the three most public places in the city a copy of all ordinances requiring such posting.

(D) Delivery of papers to officers. The Clerk shall, without delay, upon the adjournment of each meeting of the Council, deliver to the several committees of the Council and to the officers of the city, all petitions, communications, reports, resolutions, orders, claims and other papers referred to those committees or officers by the Council. He shall also, without delay, deliver to the Mayor all ordinances or resolutions in his charge, which are required to be approved or otherwise acted upon by the Mayor.

(E) Preparation of documents. The Clerk shall prepare all commissions, licenses, permits and other official documents required to be issued by him under the laws and ordinances of the city and shall attest the same with the corporate seal; and he shall in like manner attest all deeds for the sale or transfer of real estate owned by the city and all bonds issued by the city.

(F) Other duties. In addition to the duties set forth in this section, the Clerk shall perform all other duties pertaining to his office as are and may be imposed upon him by law or resolution of the City Council. (’81 Code, § 3.04(e)) (Am. Ord. 2012-8, passed 8-28-12; Am. Ord. 2013-3, passed 5-28-13)

31.34 DEPUTY CLERK.

The Clerk is authorized, with the advice and consent of City Council, to appoint a Deputy Clerk who shall have the power and duty to execute all documents required by any law or ordinance to be executed by the Clerk, and affix the seal of the city thereto whenever required. In signing any document the Deputy Clerk shall sign the name of the Clerk followed by the word “by” and the Deputy Clerk’s own name and the words “Deputy Clerk.” The powers and the duties prescribed in this section shall be exercised by such Deputy Clerk only in the absence of the Clerk from his office in the city hall, and only when either written direction has been given by the Clerk to exercise such power or the Council has determined by resolution that the Clerk is temporarily or permanently incapacitated to perform such functions. The Deputy Clerk shall have the authority and power described in this section and such further power and authority as may be provided by statute.

(’81 Code, § 3.03)

ADMINISTRATIVE ASSISTANT

31.35 POSITION ESTABLISHED; APPOINTMENT.

There is hereby established the position of Administrative Assistant. The Administrative Assistant shall be appointed by the Mayor with the advice of the City Council, and may be removed in the same manner.

(Ord. 2012-9, passed 8-28-12; Am. Ord. 2019-1, passed 1-22-19)

31.36 DUTIES.

The Administrative Assistant shall have the following duties and responsibilities:

(A) Attend all regular and special City Council meetings;

(B) Publish general notices and advertisements and deliver notice of any meetings to the necessary parties;

(D) Perform general requests and projects of the Mayor and the City Council;

(E) Assist in handling personnel matters including payroll, tax reports, group insurance reports and claims, personnel files, attendance and time-keeping matters and act as the City of Lewistown Illinois Municipal Retirement Fund agent;

(F) Prepare the budget, maintain a receipts and disbursement ledger, maintain a general ledger, make all necessary reports, pay bills, oversee bank accounts and investments, prepare tax levy ordinances and do utility billings;

(G) In addition to the duties set forth in this section, the Administrative Assistant shall perform all other duties pertaining to his or her position as are and may be imposed by resolution of the City Council.

(Ord. 2012-9, passed 8-28-12; Am. Ord. 2019-1, passed 1-22-19)

CITY TREASURER

31.40 OFFICE CREATED.

There is hereby created the office of Treasurer of the city.

(’81 Code, § 3.04(a))

31.41 ELECTION AND TERM.

The City Treasurer shall be elected for a four year term at the same election as the Mayor.

(’81 Code, § 3.04(b))

31.42 OATH AND BOND.

The Treasurer, before entering upon the duties of the officer shall take the oath prescribed by law, furnish a surety bond to the city as provided by law, conditioned for the faithful performance of the duties of the office and the payment of all moneys received by the Treasurer, according to law and ordinances.

(’81 Code, § 3.04(c))

31.43 COMPENSATION.

The Treasurer shall receive such compensation as may be fixed by the City Council.

(’81 Code, § 3.04(l))

31.44 CUSTODIAN OF MONEYS; WARRANTS.

(A) Money; warrants. The Treasurer shall be custodian of all moneys belonging to the city corporation and shall pay all warrants signed by the Mayor and countersigned by the Clerk. He shall keep a separate account of each fund or appropriation, and all the debits and credits belonging thereto. He shall give to every person paying cash into the treasury a receipt there for specifying the date of payment and upon what account paid, and shall file copies of such receipts with the records of the Treasurer’s office with the Clerk at the time of making monthly reports of such office. (’81 Code, § 3.04(d))

(B) Lost warrants. When any city warrant is lost or destroyed so that it cannot be presented to the Treasurer for payment by the person entitled thereto, such person shall apply by petition to the City Council for relief. The Council may order the Clerk to issue a duplicate warrant to the person so entitled to payment upon his filing an affidavit of the loss or destruction of the original and giving bond and security to the city to refund the amount of such warrant and pay all costs in case the original or lost warrant should be presented and the city compelled to pay the same. (’81 Code, § 3.04(f))

31.45 ADDITIONAL DUTIES.

(A) Special assessments. All money received by the Treasurer as a special tax or assessment shall be held as a special fund, to be applied to the payment of the improvement for which such special tax or special assessment was made, and the money so received shall be used for no other purpose except to reimburse the city for money expended. (’81 Code, § 3.04(g))

(B) Separation of funds. The Treasurer shall keep all moneys in his hands belonging to the city separate and distinct at all times from personal moneys and funds, and he is prohibited from using directly or indirectly the city money or warrants in his custody and keeping for personal use or benefit, or that of any other person. Any violation of this provision shall subject the Treasurer to immediate removal from office by the Mayor and City Council, who may declare the office vacant and appoint a successor for the unexpired portion of term in manner prescribed for regular appointment. (’81 Code, § 3.04(h))

(C) Reports. The Treasurer shall prepare for the Mayor and City Council as often as required, a full and detailed report of all receipts and expenditures of the corporation, as shown by the books of his office, up to the time of the report. He shall annually between May 1 and May 30 of each year prepare and file with the Clerk a full and detailed report of all receipts and expenditures of all accounts of the office during the preceding fiscal year. The report shall reflect the state of the treasury at the close of the fiscal year. The Clerk shall keep the report on file in his office for the inspection of the general public. (’81 Code, § 3.04(i))

(D) Delinquent officers. The Treasurer shall report to the Mayor and City Council any officer authorized to receive money for the use of the city who fails to make a return of the moneys received by him at the time required by law or ordinance. (’81 Code, § 3.04(j))

(E) Bookkeeping. The Treasurer shall keep his books and accounts in such a manner as to show with accuracy all moneys received and disbursed by him for the city, stating from whom and on what account received, and to whom and what account paid out, and in such way that the books and accounts may be readily investigated and understood. Such books and accounts and all files and papers of his office shall be at all times open to examination by the Mayor or City Council. (’81 Code, § 3.04(k))

CITY ATTORNEY

31.55 APPOINTMENT; QUALIFICATIONS.

(A) A City Attorney shall be appointed by the Mayor annually, by and with the consent of the City Council. (’81 Code, § 3.05(a))

(B) No person shall be appointed City Attorney who is not a bona fide resident and voter of the county and the state. He need not be a resident of the city but shall be a regularly licensed attorney of this state. (’81 Code, § 3.05(b))

31.56 BOND.

The City Attorney shall execute a bond to the city in the penal sum of $500, conditioned for the faithful performance of his duties.

(’81 Code, § 3.05(c))

31.57 COMPENSATION.

The City Attorney shall be paid such compensation as is determined from time to time by the City Council. That the compensation so fixed shall be solely for his services as legal advisor to the city and attendance at City Council meetings. That for all other services performed by the City Attorney, that he should be paid upon an hourly basis at the current hourly fee then usually charged in the county, except in connection with special assessment proceedings and bond issues, the compensation for which shall be upon a percentage based upon the percent then customarily in effect for such services in the county.

(’81 Code, § 3.05(h))

31.58 DUTIES.

(A) General duties. The City Attorney shall on behalf of the city when so requested by the Mayor or the City Council prosecute or defend in all cases in which the interests of the city or officers thereof are involved. He shall be furnished and supplied by the Clerk with certified copies of any ordinance, bond or paper in his keeping necessary to be filed or used in any suit or proceeding. (’81 Code, § 3.05(d))

(B) Drafts of orders. The City Attorney shall draft all such ordinances, resolutions, contracts, agreements and other papers as may be required of him by the Mayor, the City Council or any committee thereof. He shall be charged with the preparation of all ordinances pertaining to local improvements, petitions and other legal papers pertaining thereto. (’81 Code, § 3.05(e))

(C) Contracts and deeds. The City Attorney shall draw all deeds, leases, contracts or other papers required by the business of the city when requested so to do by the Mayor, the City Council or the head of any department of the city government. (’81 Code, § 3.05(f))

(D) Legal opinions. The City Attorney shall when requested so to do furnish written opinions upon subjects transmitted to him by the Mayor, the City Council or the head of any department of the city government. (’81 Code, § 3.05(g))

PUBLIC WORKS DIRECTOR

31.65 OFFICE CREATED.

(A) A Public Works Director shall be appointed annually with the advice and consent of the City Council.

(B) The city shall hire other personnel from time to time to assist the Director of Public Works in carrying out all duties and responsibilities as may be assigned under this code.

ENGINEERING SERVICES

31.70 APPOINTMENT.

The Mayor, with the advice and consent of the City Council, may appoint Engineers as the services of the city so require.

(’81 Code, § 3.10(a))

31.71 BOND.

When so appointed, the Engineers will execute a bond to the city in the penal sum of $1,000, conditioned for the faithful performance of their duties.

(’81 Code, § 3.10(b))

31.72 COMPENSATION.

The Engineer shall be paid for his services as rendered.

(’81 Code, § 3.10(g))

31.73 DUTIES.

(A) Generally. When so appointed, the Engineer, when requested by the Mayor and the City Council, shall prepare and submit plans, estimates and specifications for any public work which may be proposed by the City Council. He shall superintend the grading, curbing and paving of all streets, bridges and all other work of a public nature, pertaining to the subjects above mentioned, within the city, as he shall be directed by the Mayor and the City Council. He shall also perform all other duties which may be prescribed by ordinance. (’81 Code, § 3.10(c))

(B) Superintending public works. When so appointed to a specific project the Engineer shall, when requested by the Mayor and the City Council, superintend the construction of any public work of the city, and shall daily, or as often as may be necessary, examine such public work under his charge, and see that the same is properly executed. If the contractor therefor fails to execute such work in accordance with his contract and specifications, the Engineer may suspend the work and shall thereupon report in writing the facts to the Mayor and the City Council. (’81 Code, § 3.10(d))

(C) Inspection of materials. When so appointed, the Engineer shall when required, receive, inspect or measure any lumber, brick, stone or other material to be used in any public work of the city, and if necessary, shall keep an accurate account of the quantity and the quality of the same, the cost thereof, from whom received and for what purposes it is used or to be used. He shall examine all bills for materials so received by him or in connection with his work representing the city, and if found correct, shall certify the bills to the City Council for allowance. (’81 Code, § 3.10(e))

(D) Surveys, grades and boundaries. When so appointed, the Engineer shall, when required by the City Council, make a survey of the grade and profile thereof, and report the same to the City Council. No such survey of grade or boundary shall be deemed established or valid until the plat or profile thereof is approved by the City Council. Any plat, profile or other paper belonging to the office of the City Engineer, or to him in connection with any work done for or on behalf of the city, shall be returned to him by the Clerk as soon as the Council has no further use for the same. (’81 Code, § 3.10(f))